All parties should be cognizant of the terms of the contract and examine and be aware of the advantages as well as the disadvantages of their contract. On a good note an exclusive contract can ensure that the services are always available, help to avoid self-referrals, and can expedite patient evaluations during the contract period (James, James & James, 1994). On the other hand, this type of contract can lead to undesirable results. Some advantages of an exclusive contract can be the services rendered along with physicians and other personnel and the technology are in a single location which will reduce operations and overhead costs (James et al., 1994). An exclusive contract can also lessen economic bias since they hold a contract exclusively …show more content…
Equitable remedies are enforced when money damages does not adequately satisfy the non-breaching party. Some types of equitable remedies available are: Rescission which allows the non-breaching party to cancel their contractual responsibilities. Reformation whereby the parties can modify the contract so it reflects what each party’s responsibility will be. Lastly, specific performance which is a court order that requires the original contract to be fulfilled by the breaching party. On the other hand there are legal remedies which are monetary damages of one form or another that are awarded to the non-breaching party. These remedies include punitive damages that payments that are paid to the non-breaching party for full compensation and is also used to punish the guilty party and to deter them from participating in that manner again (“Remedies against,” n. d.). Consequential damages that will reimburse the innocent party for costs that resulted from the breach. Compensatory damages are given to the non-breaching party for the breach. Liquidation Damages are often awarded when it is difficult to determine the actual amount of damaged a party received due to a breach and collect attorney fees and costs incurred as a result of legal proceedings (“Remedies against,” n. d.). Some other remedies are cancellation and restitution which allows the non-breaching party to cancel the contract and sue for restitution if the breaching party received any benefits under the contract. Another remedy is nominal damages in which are small awards or tokens given to the non-breaching party when a breach occurs and there is usually no real money loss experienced by the non-breaching party in this matter (“Remedies against,” n.
Damages in the United States include two categories. Compensatory damages are intended to compensate for the plaintiff’s loss. Punitive damages, on the contrary, are meant to punish the defendant .The punitive damages exceed the plaintiff’s loss, to dissuade the defendant from any further wrongdoings. For instance, having a company pay significant punitive damages may encourage it to greater caution. Another difference between the two categories is the money involved. If the damages are compensatory, the money usually goes entirely to the plaintiff, but if they are punitive, part of the money goes to the law firm and part to the plaintiff.
General Practices Affiliates is considering an offer from Titus Lake Hospital to join under a provider leasing model. Under a provider leasing model, Titus Lake Hospital is purchasing General Practices Affiliates’ services. The practice will retain control of personnel, management, and practice policies. Titus Lake Hospital submitted financial reports to assure transparency during the lease agreement process. The following analysis will discuss whether Titus Lake hospital is a viable financial partner for General Practice Affiliates, possible implications of the lease, and recommendations.
Physicians in this co-management arrangement are paid by the hospital based on fixed duties developed beforehand. This payment method is important for the enactment of co-management. The fixed-fee structure works in coordination with a clear set of administrative tasks that physicians must complete for the purpose of refining quality, patient safety, and operations of the service line. When these tasks and performance metrics are developed in the contract, leadership must describe the effort or hours that were required to completed these fixed duties
This will be a great opportunity for the organization to decrease patient safety issues among providers, patients receiving medications timely, consults accurately prepared, decreasing the likelihood of the patient having to make several trips to the facility and consult being completed timely. The will be decrease in provider burn-out, decrease in clinic cancellation and better continuity of care and promoting patient satisfaction. 75 percent of hospitals in the United States use locum tenens. The benefits of bringing a highly trained physician on board, even if the intention is short-term, are many for your private practice, hospital or clinic. They can help with provider shortage, increase patient volume thus generating more revenue for the organization, help to decrease burn out and rescheduling of patients, and provide a safer environment even if it is only short term (Becker’s Hospital
Economic Benefit Attributed to Opening a Preoperative Evaluation Clinic for Outpatients, 83,407-10. Retrieved on November 8th, 2006 from
“Restorative justice is a process whereby parties with a stake in a specific offence collectively resolve how to deal with the aftermath of the offence and its implications for the future” (Munchie, 2004).
Another downfall to HMO coverage is selective-contracting. This is a process where hospitals deny treatment to patients because their...
A Theory of Justice is the magnum opus of 20th century social contract theorist and political philosopher, John Rawls. A bit of background into this work is that social contract theory had fallen out of favor with political scientists and philosophers since the last 18th century, with the success of the American Revolution and the apparent triumph of John Locke and Democracy. However, with the advent of modern globalization, the emergence of America as a superpower, but the growing concern of socio-economic disparity necessitated a revisiting of the social contract, what it means, how societies and governments were best constructed.
doctors that are available to cover for each other. However, there are some negative aspects to
The 1970's need for primary care settings to curtail and control cost for employee benefits caused the development of the group practice model or also known as a HMO (Anderson & O’Grady, 2009, p. 380). HMO is a type of a managed care system created in an effort to provide health care to a large group of people. Its purpose is to provide health care services at a lower cost and often at a fixed cost. The HMO plan is based on obtaining authorized health care services by utilizing "in-network" providers. This meant the plan under that HMO will only cover the physicians and services which are authorized. If, for some reason, a specialist or extended service, such as admission to the hospital or rehabilitation service may not be authorized the "out-of-network "service must be approved by the HMO provider. The advantage to "in-net-work" and limiting health care service under a plan is control cost. The cost under these plans are none to a small percentage of "out-of-pocket" expense at the time of service. The disadvantage of this type of plan is only "in-network" physicians or serv...
The current set up does not give them the rewards they properly deserve. In fact, the prospect of a limited income is completely unavoidable. These medical doctors are also small business owners. First, they invest an enormous amount of money for office space, office equipments, and medical equipments. Second, the additional burden of overhead expenses and personnel salaries will put a dent on their bottom-line. Third, the inescapable specter of malpractice insurance premiums is a necessary evil the...
Agreeing on a definition of restorative justice has proved difficult. One definition is a theory of justice that focuses mostly on repairing the harm caused by criminal behaviour. The reparation is done through a cooperative process that includes all the stakeholders. Restorative justice can also be explained as an approach of justice that aims to satisfy the needs of the victims and offenders, as well as the entire community. The most broadly accepted definition for restorative justice, however, is a process whereby all the parties that have a stake in a specific offence collectively resolve on how to deal with the aftermath. This process is largely focused around reparation, reintegration and participation of victims. That is to say, it is a victim-centred approach to criminal justice, and it perceives crime differently than the adversarial system of justice.
reimbursement determinations. As a result, the camaraderie among physicians has developed into a more aggressive approach to impede competition (Shi & Singh, 2012). Little information is shared with patients in regards to procedures or disease control. The subjects are forced to rely on the internet for enlightenment on the scope of their illnesses (Shi & Singh, 2012). Furthermore, the U.S. health care system fails to provide adequate knowledge on billing strategies for operations and other medical practices. The cost in a free system is based on supply and demand and is known in advance of hospital admission (Shi & Singh, 2012). The need for new technology is another characteristic that is of interest when considering the health care system. Technology is often v...
Both facilities will have the same Medical Director and one Director of Nursing running both locations. Management personnel will improve their communication by meeting once a week to discuss and brainstorm ideas; bill verification will be consistent in the two facilities; there will be a company wide purchasing system. To maximize revenues, there has to be a mix of out- patients and in patient care, there will be shorter stays in the future.
Damages – if the other party cause’s drastic damages that cost the other party or affect it negatively than the other party can sue and take them to court of law, and the court may claim that the affected party may be paid and be taken back to its original position as it was