Posted: January 17th, 2023

RIQ portion

This Assignment has been divided into parts a, b, and c. It is a multi-part project that is to be worked on throughout the semester. If you have any questions or concerns related to this project, please feel free to email them to me. Due 3/24/18 5pm A. Rule, Issue, and Question “RIQ” Summary: In one page you are expected to quote one section of a statute that relates to health care providers and/or patients, the issues it presents, and the one question you would like to research and analyze as part of your legal analysis. “Law or rule” means a statute or regulation passes by Congress or published by an agency. An example would include, section 1867(g) of the Social Security Act, which covers provider’s requirements to supply emergency care to indigent patients. Due 4/7/18 5pm B. Annotated bibliography: For this assignment, you are expected to submit a detailed list of 10 references in APA format that will serve as the references for your legal analysis. References MUST include (1) legislation, (2) case(s), and (3) law review articles. If no cases are on point, then please state so clearly in your paper. Due 4/117/18 11pm C. Legal Analysis Paper: In 5 to 7 pages, using 12 point font, and double-spaced text, you should describe the (1) legal rule at issue (one page), the issues it presents (one page), a summary of what it says and what others have said about it (two to three pages), and your own opinion as to how this law will impact health care organizations and patients (one to two pages). You are encouraged to write about a topic relevant to your career. . Ideas for paper: Here are links to summaries on legal trends in the health field in 2015. Drug regulation, Digital Health, and Precision Medicine https://www.healthlawpolicymatters.com/2015/12/14/fda-legal-and-regulatory-2015-year-in-review/ Pharmacy: https://www.healthlawpolicymatters.com/2015/12/08/the-pharmacy-industry-2015-year-in-review/ Lab law: https://www.healthlawpolicymatters.com/2015/11/24/fda-commits-to-moving-forward-with-ldt-regulation/ e. Here are examples LAP – What does a legal analysis look like? Example of a Legal Analysis.pdf (This example provides you with an idea of how a summary and analysis of a law might look. It does not fulfill all of the requirements listed) Callier comments on Student LAPs: Sample LAP 1.docx and LAP Sample 2.docx RIQ – Rule, Issue, and Question Summary: Sample RIQ(1).docx Rule Section 6031 of the deficit reduction act provides greater financial incentives to states to create and use state whistleblower statutes modeled after the Federal False Claims Act (FCA). I will focus on section 6031(a), which states that the Social Security Act is amended to state, “if a State has in effect a law relating to false or fraudulent claims . . . the Federal medical assistance percentage with respect to any amounts recovered under a State action brought under such law, shall be decreased by 10 percentage points.” See Deficit Reduction Act. Pub. L. 109-171, §§ 6031(a) (2006) codified at 42 U.S.C. § 1396h(a). Issue According to a number of letters sent from the Office of Inspector General to states, only 10 states have submitted their false claims laws to the OIG for review (California, Florida, Illinois, Indiana, Louisiana, Massachusetts, Michigan, Nevada, Tennessee and Texas). Further, of these 10 states, only 3 of them were found to satisfy the DRA requirements. (Cite law review article) Question Since states are not enacting the state laws as required, I would like to research the purpose of 6031(a) and propose how physicians can do their part to reduce false claims. I have located 5 law review articles that discuss the Deficit Reduction Act of 2006 and the need to reduce the number of false claims submitted to the federal government. I will summarize the purpose of the act and will propose how physicians can help achieve this purpose until state law is passed. By being proactive, physicians can protect their practice as new laws are implemented that are in line with federal goals. [The Question inherent here is: how can providers ensure compliance with the DRA as they await the passage of state legislation]

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