1. LAW 501 Civil Procedure
Answer:
As we have reviewed throughout this course, there are many compliance tools available to
managers in order to help ensure that their business transactions are conducted in a legal
and ethical manner. In this assignment, we will demonstrate our critical thinking skills by
linking specific compliance tools to the laws we have discussed in each module.
Additionally, we will be selecting ten different compliance tools that we will use as
managers in the future. This assignment will highlight different tools and laws that fall
under them, accompanied by the description and the managerial action.
The Law, Compliance Tools, And Managerial Actions
Tool 1: Certificate Of Need (CON) (Fayissa Et Al., 2020)
Law: Business Transactions
Description: A certificate of need is a regulatory approval required in many jurisdictions to
establish or expand healthcare facilities. The rationale for CON laws is to contain healthcare
costs by preventing duplication of services and unnecessary construction of facilities.
Managerial Action: As a manager, you will need to be aware of CON laws in your jurisdiction
and ensure that any proposed expansion of healthcare facilities complies with the relevant
regulations.
Tool 2: Antitrust (Melamed, 2020)
Law: Business Transactions
Description: Antitrust laws are designed to promote fair competition by preventing anti-
competitive practices such as price-fixing, monopolies, and other forms of collusion.
Managerial Action: As a manager, you will need to be aware of antitrust laws and ensure
that your business practices do not violate these laws.
2. Tool 3: State Incorporation Laws (Rossi, 2016)
Law: Business Transactions
Description: State incorporation laws govern the formation of corporations. These laws
vary from state to state, but all states have laws that regulate the incorporation of
businesses.
Managerial Action: As a manager, you will need to be familiar with the state incorporation
laws in your jurisdiction and ensure that your company complies with these laws.
Tool 4: Non-Profit Tax Laws (Breen, 2016)
Law: Business Transactions
Description: Non-profit organizations are exempt from federal income tax, but they are still
subject to other taxes such as property tax and sales tax. In addition, non-profit
organizations must comply with federal and state laws governing their activities.
Managerial Action: As a manager, you will need to be familiar with the tax laws that apply to
non-profit organizations and ensure that your organization complies with these laws.
Tool 5: Sarbanes-Oxley Law (SOX) (Al-Kake & Ahmed, 2019)
Law: Business Transactions
Description: The Sarbanes-Oxley Act is a federal law that imposes strict requirements on
publicly-traded companies. The law was enacted in response to a number of corporate
scandals, and it requires companies to establish internal controls and disclose any material
weaknesses in those controls.
Managerial Action: As a manager, you will need to be familiar with the requirements of the
Sarbanes-Oxley Act and ensure that your company complies with these requirements.
Tool 6: False Claims Act (FCA) (Krause, 2016)
Law: Business Transactions
Description: The False Claims Act is a federal law that prohibits the submission of false or
fraudulent claims to the government (Krause, 2016). The law also allows private citizens to
file suit on behalf of the government against companies that submit false claims.
Managerial Action: As a manager, you will need to be familiar with the requirements of the
3. False Claims Act and ensure that your company does not submit any false or fraudulent
claims to the government.
Tool 7: Anti-Kickback Statute (AKS) ( Szalados, 2021)
Law: Business Transactions
Description: The Anti-Kickback Statute is a federal law that prohibits the payment of
kickbacks in exchange for referrals of Medicare and Medicaid patients.
Managerial Action: As a manager, you will need to be familiar with the requirements of the
Anti-Kickback Statute and ensure that your company does not engage in any activities that
violate this law.
Tool 8: Physician Self-Referral Law (Stark Law) ( Szalados, 2021)
Law: Business Transactions
Description: The Physician Self-Referral Law, also known as the Stark Law, is a federal law
that prohibits physicians from referring patients to businesses in which they have a
financial interest.
Managerial Action: As a manager, you will need to be familiar with the requirements of the
Stark Law and ensure that your company does not engage in any activities that violate this
law.
Tool 9: Health Insurance Portability And Accountability Act (HIPAA) (Szalados, 2021)
Law: Health Information Management
Description: The Health Insurance Portability and Accountability Act is a federal law that
protects the privacy of patient health information. The law requires covered entities, such
as hospitals and insurance companies, to maintain certain privacy standards and to provide
patients with access to their own health information.
Managerial Action: As a manager, you will need to be familiar with HIPAA requirements and
ensure that your company complies with these requirements.
Tool 10: Patient Safety Act (Szalados, 2021)
Law: Health Information Management
Description: The Patient Safety Act is a federal law that establishes a voluntary reporting
4. system for patient safety events. The law also requires covered entities, such as hospitals
and nursing homes, to establish patient safety committees.
Managerial Action: As a manager, you will need to be familiar with the requirements of the
Patient Safety Act and ensure that your company complies with these requirements.
In conclusion, as a healthcare manager, it is important to be aware of the various
compliance tools and how they relate to specific laws. As a healthcare manager, you will
need to be familiar with the requirements of the Sarbanes-Oxley Act and ensure that your
company complies with these requirements. Overall, by understanding the various
compliance tools and their related laws, you can ensure that your company complies with
all applicable regulations. In order to protect patient health information, as a manager, you
will need to be familiar with the requirements of HIPAA and ensure that your company
complies with these requirements; the rationale for CON laws is to contain healthcare costs
by preventing duplication of services and unnecessary construction of facilities as per the
discussion. All laws are useful in the transformation of the society toward the betterment of
people’s lives.
References
Al-kake, F., & Ahmed, D. M. (2019). The role of the Sarbanes-Oxley Act (SOX) in Reducing
Agency Costs. Qalaai Zanist Scientific Journal, 4(2), 637-673.
Breen, O. B. (2016). European Non-profit Oversight: The Case for Regulating from the
Outside In. Chi.-Kent L. Rev., 91, 991.
Fayissa, B., Alsaif, S., Mansour, F., Leonce, T. E., & Mixon, F. G. (2020, December). Certificate-
of-need regulation and healthcare service quality: Evidence from the nursing home
industry. In Healthcare (Vol. 8, No. 4, p. 423). Multidisciplinary Digital Publishing Institute.
Krause, J. H. (2016). Truth, Falsity, and Fraud: Off-Label Drug Settlements and the Future of
the Civil False Claims Act. Food & Drug LJ, 71, 401.
Melamed, A. D. (2020). Antitrust law and its critics. ANTITRUST LJ, 83, 269.
Rossi, J. (2016). Dynamic Incorporation of Federal Law. Ohio St. LJ, 77, 457.
Szalados, J. E. (2021). Regulations and Regulatory Compliance: False Claims Act, Kickback
and Stark Laws, and HIPAA. In The Medical-Legal Aspects of Acute Care Medicine (pp. 277-
313). Springer, Cham.