I previously assisted with reviewing the Business Associate Agreements and Data Use Agreements for external data sharing programs, such as healthcare collaboratives or databases. One of the elements our legal counsel often requested modifications on was the amount of time needed for our organization to terminate our participation before automatic renewal. As Kovac and Vendenberghe (2015) noted, “Automatic renewal clauses are often accompanied by strict requirements specifying when and how the contract can be terminated” (p. 288). However, companies may have several agreements and may forget that they are due for automatic renewal and fail to provide sufficient notice to terminate the agreement if they plan on ending their contract with the
The U. S government passed the American Recovery Act in 2009 that established incentives and penalties to promote EHR use. From this legislation the Meaningful Use Program for EHR’s s was created. Through The Meaningful Use Program the U.S. government is able to support the adoption and use of EHR technology to enhance and revolutionize health care. The goal of the program is to increase EHR adoption, improve quality, safety, reduce disparities, and improve public health (hmsa , 2012).
Arthur, G. L., & Swanson, C. D. (1993). Confidentiality and privileged communication. The ACA legal
"A contract is a legally enforceable promise or set of promises. In other words, when promises have the status of contract, the contracting party harmed by a breach of the contract is entitled to obtain legal remedies against the breaching party" (Mallor et al., 2015, p. 320)
“An electronic health record (EHR) is a digital version of a patient’s paper chart. EHRs are real-time, patient-centered records that make information available instantly and securely to authorized users.” (healthit.gov) The EHR mandate was created “to share information with other health care providers and organizations – such as laboratories, specialists, medical imaging facilities, pharmacies, emergency facilities, and school and workplace clinics – so they contain information from all clinicians involved in a patient’s care.” ("Providers & Professionals | HealthIT.gov", n.d., p. 1) The process has proved to be quite challenging for providers. As an incentive, the government began issuing payments to those providers who “meaningfully use certified electronic health record (EHR) technology.” (hhs.gov) There are three stages that providers must progress through in order to receive theses financial incentives. Stage one is the initial stage and is met with the creation and implementation of the HER in the business. Stage two “increases health information exchange between providers.” ("United States Department of Health and Human Services | HHS.gov", n.d., p. 1) Stage three will be the continuation and expansion of the “meaningful use objectives.” ("United States Department of Health and Human Services | HHS.gov", n.d., p. 1) The hospital, where I work, initiated the HER mandate many years ago. In this paper, I will discuss the progression and the challenges that my hospital encountered while implementing the EHR mandate.
Furthermore, there agreements are now of only two years rather than of four years. These agreements which are made, these are firstly confirmed by the members of the company.
Conditions of Participation was created to ensure all facilities participating in Medicare follow a set of regulations that protect the safety of Medicare recipients. In 1986 revisions were made to reinforce accreditation and certification procedures. Participating hospitals that are accredited by the Joint Commission on Accreditation of Healthcare Organizations or American Osteopathic Association have been deemed to meeting Conditions of Participation requirements on the wellbeing of Medicare Recipients. The Joint Commission on Accreditation of Healthcare Organizations also requires that the facilities are licensed by their state. (Lohr, 1990, p.
The purpose of this study was to investigate if there is a correlation between adult’s attachment styles and the use of negative relational maintenance behaviors in romantic relationships. Studies suggest, depending on an individual’s perception of self as well as others in correspondence to their attachment style determines the social behaviors practiced in maintaining a relationship either by positive or negative practices. As Goodboy and Bolkan hypothesize in “Attachment and the Use of Negative Relational Maintenance Behaviors in Romantic Relationships” one’s adult attachment style may explain the antisocial behaviors in a negative maintenance of a romantic relationship. Furthermore, the study looks to observe a link between adult attachment
Would a modification in the contract be essential, if so, what would be the terms?
In 2015 alone, over 400 Medicare ACOs generated more than $466 million in overall program savings. 125 of these ACOs qualified for shared savings payments by meeting quality performance standards and their savings threshold. These results are hopeful because they show a trend of ACOs sharing savings. They also indicate that ACOs with more experience in the Pioneer ACO Model and the Medicare
The confidentiality of patient visits and medical records are essential in providing the highest quality of health care. Under penalty of law, a patient's medical records or any other information regarding the patient may only be released with his or her authorization. Exceptions to this are certain cases specified by law for example, health care providers are required to report certain communicable diseases such as measles. Many organizations and laws have been developed to maintain patient's rights of confidentiality and access to their medical record. Guided by the principle that confidentiality is essential in developing strong trust between patients and healthcare providers, the American Health Information Management Association (AHIMA) members are committed to ensuring that patient records are disclosed and only available to medical personnel and others acquired by law. In July 1999, the Health Care Financing Administration (HCFA), introduced a new Patient's Rights Condition of Participation (CPO) that hospitals must meet to be approved for, or to continue participation in the Medicare and Medicaid programs. The Health Insurance and Accountability Act of 1996 (HIPAA) addresses the security and privacy of health data and also issues standards for electronic health care transactions. The vast accumulations of personal medical data gives rise to serious privacy concerns as a result of the potential for misuse.
Bennett-Alexander, D.; Hartman, L (2012) Employment Law for Business 7th Edition. New York, NY. McGraw-Hill Companies Inc.
The Meaningful Use program is a detailed curriculum set in place to validate the use of electronic health records, at the same time, managing privacy and security of patient’s confidential information (Medicare, 2010). By the same token, attaining a Meaningful Use program will play a factor in whether an institute will be given expenditures from the federal government by either the Medicare (EHR) Incentive Program or the Medicaid (EHR) Incentive Program (Medicare, 2010). Generally speaking, this system was implemented to improve the quality of care for patients, increase security measures, and decrease healthcare discrepancies (Medicare, 2010). Additionally, the Meaningful Use program encourages p...
An offer continues in existence, capable of acceptance until it is brought to an end.
In general the contract of Mudarabah allows anyone of the contracting parties to terminate the contract unilaterally. The contract shall not be terminated unilaterally if the manager has commenced the work or when both parties have agreed not to terminate the contract during a specified time.
Abstract-Contract is a self-agreed, enforceable by law and deliberate agreement between two or more competent authority and parties. Contracts are made in written but may be implied or spoken, and generally have to do with another organization, employment, sale or lease, or tenancy. We assume service engagement is a part of business events. Business events such as payments, purchase, sells, delivery etc. not only impotent processes but are also inherently temporally constrained. Analysis phase is carried out to find out business event and their temporal relationships which helps business partners to analyze what to supply and what to require from others as its participates in the service engagement specified by a contract. Contracts are