PART 1

As a healthcare professional, you are among a group of frontline workers. Frontline workers are the backbone of effective health systems. In fact, according to Frontline Health Workers Coalition (2018), “frontline workers play a critical role in providing local context for proven health solutions, and they connect with families and communities to the health system.” Successful policy advocacy and creation is often encouraged by frontline healthcare workers since they are the individuals who interact with the consumers (patients) the most. Your knowledge and perspective are vital to policy and lawmakers as a voice for healthcare consumers and for providing validation/opposition to laws and policy.

Recently the U.S. Department of Health & Human Services announced the “Conscience and Religious Freedom Division” of the Office for Civil Rights (OCR). The office’s stated goal is to “protect institutions and people who refuse to provide medical assistance based on religious objections.” As noted by HHS (2018), the office is intended to protect religious beliefs. As with most policies, there are opponents and proponents. In general, supporters advocate that the office will protect against religious discrimination while opponents believe the bill will allow for open discrimination against women and LGBTQ individuals.

Information about the Conscience and Religious Freedom Division can be found at the following source: https://www.hhs.gov/conscience/index.html

Conduct additional research on Conscience and Religious Freedom. For your Module 1 SLP assignment, you are to use reasoning (from a healthcare professional perspective) and ethical principles to compose a 2-page letter to your local Congressman/Congresswoman either in support of or opposition to Conscience and Religious Freedom. This should not be opinion (e.g., avoid “I think” in your paper), but a supported analysis. You must cite your sources. Your letter should address the following:

1. Effectiveness or ineffectiveness of Conscience and Religious Freedom to the population that you as a healthcare professional serve.
2. Rationale for your support/opposition.
3. Ethical principles that support your position and supporting rationale for your position.
4. Suggestions or recommendations, including how the rights of the provider are balanced with the rights of the patient.

Note: You are not graded on your support or opposition, but rather your critical thinking skills in supporting your position, and application of ethical principles. You may also think about referencing pivotal Supreme Court decisions as well (review background cases and supporting information in the Module 1 Background). Be sure to cite at least two peer reviewed articles in your discussion.

Frontline Health Workers Coalition. (2018). Who they are. Retrieved from https://www.frontlinehealthworkers.org/frontline-health-workers/who-they-are/

Reference:

Anonymous. (2018). American Nurses Association responds to the HHS announcement of the new Conscience and Religious Freedom Division. Alabama Nurse, 45(1) 17.

Harris, L. H. (2018). Divisions, new and old: Conscience and religious freedom at HHS. The New England Journal of Medicine, 378(15) 1369-1371. Available in the Trident Online Library.

Latham, S. R. (2001). Conflict of interest in medical practice. In M. Davis & A. Stack (Eds.) Conflict of interest in the professions (pp. 279-335). Oxford, England: Oxford University Press.

Linder, D. (2018). Free exercise of religion; the issue: When may the government enforce a law that burdens an individual’s ability to exercise his or her religious beliefs? Retrieved from http://law2.umkc.edu/faculty/projects/ftrials/conlaw/freeexercise.htm

Oyez. (n.d.). Cases: Free exercise of religion. Retrieved from https://www.oyez.org/issues/339

Perry, F. (2013). Chapter 1: Understanding your ethical responsibilities. In F. Perry (Ed.) The tracks we leave: Ethical and management dilemmas in healthcare. Health Administration Press. Retrieved from https://www.ache.org/pdf/secure/gifts/Perrych1-final.pdf

Raifman, J., & Galea, S. (2018). The new U.S. “Conscience and Religious Freedom Division” imposing religious beliefs on others. American Journal of Public Health, 108(7) 889-890.

Rossum, R. A., & Tarr, G. A. (2013). Chapter 6: Freedom of religion. American constitutional law, volume II: The Bill of Rights and subsequent amendments. New York: Westview Press.

PARTII

The 2018 trial of gymnastics doctor Dr. Larry Nassar has shone a light on sexual abuse and misconduct by medical professionals. After reviewing the background literature, discuss the following in a 3- to 5-page paper.

1. Choose a case focused on health care-related assault and/or sexual abuse from the background readings or from your own research and provide a brief synopsis of the case and the outcome.
2. After reviewing State Report Cards, provide an analysis of the current state of protections for victims as well as penalties for perpetrators for the state in which your case was located. Address the five main categories of review and be sure to provide specific examples to support your analysis.

   State report cards retrieved from: Datar, S. (2016). State report cards: How well does your state protect patients? The Atlanta Journal-Constitution. Retrieved from: http://doctors.ajc.com/states/

3. What are the ethical responsibilities of other professionals (colleagues, medical boards, employers, etc.) who may be aware of improper conduct by a medical provider? Be sure to discuss ethical principles covered earlier in the course.

Assignment Expectations

1. Conduct additional research to gather sufficient information to support your analysis.
2. Limit your response to a maximum of 3-5 pages.
3. Support your paper with peer-reviewed articles and reliable sources, and use at least 3 references

References:

Berke, D. M. (2016). Drive-by-doctoring: Contractual issues and regulatory solutions to increase patient protection from surprise medical bills. American Journal of Law and Medicine, 42(1), 170-189. http://dx.doi.org/10.1177/0098858816644720

Computers, software; minimizing Medicare fraud internally. (2015). State & Local Health Law Weekly, 23.

DuBois, J. M., Walsh, H. A., Chibnall, J. T., Anderson, E. E., Eggers, M. R., Fowose, M., & Ziobrowski, H. (2017). Sexual violation of patients by physicians: A mixed-methods, exploratory analysis of 101 cases. Sexual Abuse: A Journal of Research and Treatment. ePub. Retrieved from: http://journals.sagepub.com/doi/pdf/10.1177/1079063217712217

Hospitals sued: Claims of sexual abuse, harassment. (2016, April 1) Healthcare Risk Management, 38(4). Retrieved from the Trident Online Library.

Kim, C. J. (2014). The trial of Conrad Murray: Prosecuting physicians for criminally negligent over-prescription. American Criminal Law Review 51(517). Retrieved from: http://www.americancriminallawreview.com/files/3214/0943/7056/Kim.pdf

Licensed professional counselors sentenced for roles in $9.5 million fraudulent billing health care fraud scheme to siphon and steal money from workers’ compensation program. (2016). Lanham: Federal Information & News Dispatch, Inc.

New Jersey Board of Medical Examiners imposes 5-year suspension on former prison doctor whose ‘gross negligence’ contributed to the death of state prison inmate in 2009 (2016, Aug 04). US Fed News Service. Retrieved from the Trident Online Library.

Showalter, J. S. (2015) Chapter 1: The Anglo-American legal system. In The law of healthcare administration. Chicago: Health Administration Press.

Showalter, J. S. (2015) Chapter 15: Fraud laws and corporate compliance. In The law of healthcare administration. Chicago: Health Administration Press.

Teegardin, C., Robbins, D., Ernsthausen, J., & Hart, A. (2016) Doctors & sexual abuse. The Atlanta Journal-Constitution. Retrieved from: http://doctors.ajc.com/

U.S. Department of Justice (2016, July 6). Dental management company Benevis and its affiliated Kool Smiles Dental Clinics to pay $23.9 million to settle False Claims Act allegations relating to medically unnecessary pediatric dental services. Retrieved from: https://www.justice.gov/opa/pr/dental-management-company-benevis-and-its-affiliated-kool-smiles-dental-clinics-pay-239

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