REQUIRED ACADEMIC INTEGRITY AGREEMENT: UST Academic Integrit…

REQUIRED ACADEMIC INTEGRITY AGREEMENT: UST Academic Integrity Policy Honesty and trust among students and between students and faculty are essential for a strong, functioning academic community.  Consequently, students are expected to do their own work on all academic assignments, tests, projects and research/term papers.  Academic dishonesty, whether cheating, plagiarism or some other form of dishonest conduct related to academic coursework and listed in the Student Policy Book under “Discipline: Rules of Conduct” will automatically result in failure for the work involved. This open textbook (Perry & Thompson) / open note / open Canvas exam, but no outside research (including no use of Google / ChatGPT, other AI or search engine etc) is allowed.  By clicking below you are agreeing to the terms and conditions of this exam.  You are further agreeing that you will not talk with anyone else about the exam, either during or after the exam and that you will not copy of any part of this exam at any time.   This specifically includes not taking pictures of your screen with any device. YOU MUST AGREE TO COMPLY WITH THIS POLICY IN ORDER TO TAKE THIS EXAM.  INDICATE YOUR AGREEMENT BY CLICKING “I AGREE” BELOW.

Key legal issue, concepts, and relevant key fact for each co…

Key legal issue, concepts, and relevant key fact for each concept, for Scenario A (Beginning in 2015, senior management at Scrubs Health System embarked on a scheme to recruit physicians for employment for the purpose of capturing their lucrative “downstream referrals.” Scrubs successfully recruited hundreds of local physicians, including cardiovascular specialists, neurosurgeons, and breast surgeons, by paying them salaries that were significantly higher – sometimes as much as double – than what they were receiving in their own private practices. Scrubs hired a valuation firm to analyze the compensation it proposed paying to its recruited specialists. Scrubs knowingly provided the firm with false compensation figures so that the firm would render a favorable opinion. The Complaint further alleged that Scrubs ignored repeated warnings from the valuation firm regarding the legal perils of overcompensating its physicians. Scrubs then submitted claims to Medicare for services that resulted from referrals from these recruited physicians.)  Identify the most important health law issue, the key requirements / legal concepts for the most important issue as represented here, and a key fact related to each legal concept.

Phil Von Guire, M.D. is licensed to practice medicine in the…

Phil Von Guire, M.D. is licensed to practice medicine in the State of Minnesota.  He recently reconnected with Salma Soule, Esq., his college girlfriend and a recovering lawyer who is interested in starting a technology enhanced, senior living and health care residential facility (the “Business”).  Salma proposed the following terms of the Business as follows: Salma would own 95% of the voting equity of the Business.  The remaining 5% of the equity and 100% of the voting rights would be owned by Dr. Von Guire and other licensed physicians.  Physicians who promise to provide the most referrals for health care services would receive more equity (and on preferred terms) in the Business than those physicians who refuse to promise any significant referrals.  Dr. Von Guire would serve as Chief Medical Officer and Chief Operating Officer of the Business.  As compensation for his services, he could be paid as follows: (a) he would receive a 10% of the profits of the Business and (b) a special bonus for all patients he personally refers to the Business or one of its affiliated entities.  The Business would pay chiropractors $25 for each patient referred to the Business for Medicare covered services.

A laboratory company offered and paid remuneration to physic…

A laboratory company offered and paid remuneration to physicians to induce the ordering of pharmacogenetic tests, in exchange for laboratory referrals for pharmacogenetic testing and for furnishing and billing for tests paid for, in part, by Federal health programs, that were not medically necessary, purportedly in return for their participation in a clinical trial.