...William O. SCHISM and Robert Reinlie, Plaintiffs-Appellant vs UNITED STATES, Defendant To get people to join the armed services during the World War II and Korean War era and make it a career, military recruiters, under the direction of superiors, orally promised recruits that if they served on active duty for at least 20 years, they would receive free lifetime medical care for themselves and their dependents. The government concedes such promises were made in good faith and relied upon. Plaintiffs allege that they were fulfilled until 1995 when, plaintiffs assert, the government breached these implied-in-fact contracts by effectively denying them free care so they had to purchase Medicare Part B insurance in order to be treated by civilian doctors or obtain medications without paying fees because space was no longer available in military facilities where care and medications were free. We must decide whether the government is bound by those promises. The promises made to the plaintiffs, older Air Force retirees, were within the authority of the Air Force Secretary under 5 U.S.C. § 301 in view of annual congressional appropriations for military medicine, as the plaintiffs assert. At most it authorizes space-available treatment, and not free health insurance for life, we hold that the Air Force Secretary lacked the authority in the 1950s when plaintiffs joined to promise free and full medical care. Further, under long-standing Supreme Court precedent, "common-law rules...
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...Applied Legal Concepts in Healthcare Law Brewster v. University Hospital This paragraph will include a summary from the case which was obtained from the Healthcare Law Writing Assignment. In December 31, 1987 the Brewster’s had a daughter Emma that was born a week premature. Emma was transported to Children’s Hospital Medical Center the next day when she began showing signs of respiratory distress. She was treated by Dr. Craig Jackson, a neonatologist employed by the University of Washington. Emma suffered from hyperbilirubinemia, or jaundice, caused by elevated levels of bilirubin, a substance that is released into the bloodstream. Jaundice is not uncommon among infants as approximately a third or more of all newborns at the intensive care unit at Children’s hospital have jaundice. Greatly elevated bilirubin levels can result in permanent in brain damage. When Emma was admitted to Children’s Hospital, her serum bilirubin level was 4.2 micrograms per deciliter. It gradually increased to as high as 22.0 mcg/dl on January 7, 1988, then decreased to 5.7 mcg/dl on January 18, 1988. The type of jaundice Emma experience is generally treated with phototherapy. More serious cases are treated with a transfusion of all the blood in the infant’s body, a treatment entailing greater risks including cardiac arrhythmia, bleeding, bacterial infection and the development of air bubbles in the circulatory system. Dr. Martin prescribed phototherapy for Emma, which was unsuccessful, and Emma...
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...Where can YOU begin…? Begin to truly know yourself, your way of being. It is a self awareness that is important as you begin. This includes your attitudes, beliefs and values. Metaparadigm Concepts Person Environment Health Nursing Person Individual Family Community Population Environment Local/national/ global Ethical Legal Ecological Physical Sociocultural Political Economic Historical Technological Nursing Professional Attributes Professional Knowledge Professional (Caring) Practices Health A state of being that people define in relation to their own values, personality and lifestyle -Potter & Perry, 2009 WHAT IS A CONCEPT? - abstract ideas or mental images of a phenomena (Kozier et al., 2010; Paley, 1996) - words that bring forth mental pictures of the properties and meanings of objects, events, or things (Kozier et al., 2010) WHAT IS A CONCEPT? “abstractions” (Norris, 1982) “mental formulations” (Chinn & Kramer, 1991) “mental images” (Meleis, 1985) “words describing mental images (Fawcett, 1989) “have meanings” (Allan, 1993) “have usages” (Rush & Ouellet, 1993) “have definitions” (Brown, 1993) Metaparadigm Concepts: Person Environment Nursing Health Concepts evolve out of impressions, perceptions or experiences…a mental image of reality framed by the individual’s perception or experience (Meleis, 1985) Classifications of Health Conceptualizations 1) Stability oriented 2)...
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...NORMATIVE EXPECTATIONS In Chapter II, I have identified a basic objection to any responsibility-based account of action, the fundamental problem. In a nutshell, the concept of action appears to be prior to the concept of responsibility in the logical order of things. If so, then an account of action in terms of responsibility is impossible. I have also suggested that the challenge thus posed could be met with a concept of practical task-responsibility. The aim of this and the next two chapters is to develop such a concept. I will claim that a person is practically task-responsible for ϕing just in case it would be reasonable (in a special sense I will explain in Chapter V) to expect of her that she ϕ. Two major conceptual tasks lie ahead. First, the concept of expectation involved must be clarified. Second, the concept of reasonableness must be explained. These are the respective tasks of the present and the next two chapters. As we will see, both tasks are rather delicate. In both cases, we will see that the fundamental problem reappears at various junctures in the natural course of explanation of the concepts. I begin the chapter by clarifying the distinction between normative and predictive (or descriptive) expectations (section 1). Sections 2-4 proceed to discuss the concept of normative expectations, since the concept of practical task-responsibility is characterized exclusively in terms of normative expectations. After some preliminary conceptual remarks in section 2, section...
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...Facility Planning Part 2 Pamela Jackson HCS/446 September 28, 2015 Rachel Rivera Facility Planning – Part II Facility planning for a health care organization or outpatient clinic takes on its own unique regulatory requirements. Regulatory requirements are requirements that have been mandated by various federal, states, and local municipalities regarding the operation and safety of business operations as well as services provided. They are the legal fence between education and catastrophe.”The basic regulatory frameworks and acts that govern the present business operations include Sarbanes Oxley Act ([SOX], 2002), Gramm-Leach-Bliley Act (1999), and Health Insurance Portability and Accountability Act ([HIPAA], 1996).” (Ezinearticles.com 2012) The main purpose of these regulatory requirements and tools is to ensure that society as a whole reap the benefits through accountability, integrity and confidentiality. The impact on regulatory requirements is based on how they are implemented. Regulatory Requirements Effect on the Design and Equipment Many times when planning a facility for use in an outpatient clinic it is important to research the regulatory requirements for equipment utilized in the care of patients and how it will impact the over all care, safety and wellness of the organization. The design of health care facilities is governed by many regulations and technical requirements. It is also affected by many less defined needs and pressures. The facility must...
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...ADMINISTRATION (Hons) Entrepreneurship Bachelor OF ECONOMICS (Hons) Financial Economics UBAF1033 BUSINESS ACCOUNTING I TUTORIAL 3: ACCOUNTING CONCEPTS AND CONVENTIONS Adopted from: Wood, F. & Sangster, A. (2012), Business Accounting 1 (12th ed ); Thomas A. & Ward, A. M. (2009), Introduction to Financial Accounting (6th ed); Roshayani, A., Laily, U. & Siti Maznah, M., (2007), Financial Accounting An Introduction (2nd ed); Past year Business Accounting I Questions MULTIPLE CHOICE QUESTIONS 1. What accounting concept / principle describe the following statement? “All business transactions shall be expressed in common money terms to facilitate comparison & evaluation purposes”. (Woods, F., 2007, p.108) A Matching B Materiality C Monetary D Substance over form 2. “The business entity concept requires that a business is to be treated as separate from its owner, able to enter into business transactions on its own and be treated as a ‘legal person’” Is this statement true or false? A True B False 3. Which of the following statements are correct? (1) Materiality means that only items having a physical existence may be recognised as assets. (2) The materilaty concept indicated that those items that are not significant should be recorded. (3) The money measurement concept is that only items capable of being measured in monetary terms can be recognized in financial statements. (Woods, F., 2007, p.108 and 112) ...
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...recognition, and measurement. The Boards will give priority to addressing issues that are likely to yield benefits to the Boards in the short term, that is, cross-cutting issues that affect a number of their standards-level agenda projects. Therefore, the first step is to identify and prioritize those cross-cutting issues. Possible examples that the staff have suggested include the meaning and role of reliability; the definition of liability; the meaning of probable; the effect of conditions, contingencies, or other uncertainties; the unit of account; and accounting for contractual rights and obligations, as explained further below. Initially, the Boards will focus on concepts applicable to business entities in the private sector. Later, the Boards will consider the applicability of those concepts to other sectors, beginning with not-for-profit entities in the private sector. The Boards agreed to put the converged framework into a single document,...
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...Should stewardship be a distinct fundamental objective of financial reporting? Why or why not? The removal of stewardship from the common conceptual frameworks is a recent decision within various accounting standard-setting bodies, met with indistinguishable levels of opposition and support. Financial users insist that determining whether or not resources entrusted in management have been used for their intended purpose should be upheld as a vital objective of financial reporting while conceptual framework regulators and standard setters believe that it is not a necessary pre-requisite for common standards mainly relying on the conviction that the word does not translate effectively into many other languages. Given the greater implicated social and economic risk created as a result of the absence of stewardship in the conceptual framework it would be more practical to reverse the decision. The lack of emphasis on stewardship from the conceptual framework has increased cross-constituency variation is financial reporting. This contradicts directly with the general objective of the development of conceptual framework, as an adequate minimization of disparities improves the comparability and transparency of financial information. As Carmen Nobel (2011) reports in ‘Why Companies Fail—and How Their Founders Can Bounce Back’ high-tech start-up and emerging companies tend to exhibit higher levels of squandering and enronomics than well-established blue-chip firms. The element...
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...Legal Concepts Worksheet Concept Application of Concept to the Issue of Downloading Reference to Concept in Reading The Law of Property – Intellectual property law Property is one’s legal right to exclude others from various resources due to the ownership of those resources. With the rise of e-commerce and the increase of music sales or downloads online, the law of property can be applied. Music producers consider their music their property and protect them from public use and public download. The law of property “establishes private exclusive rights in resources. It is through the law of property that individuals and business organizations can possess, use, and transfer their private resources” (Reed et al, 2005). “Intellectual property laws arose out of the common law, but they also reflect constitutional and statutory adoption. Article I, Section 8, of the Constitution grants the power to Congress “[t]o promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries.”” (Reed et al, 2005). Legal regulation as a source of value for business ethics When downloading music online, there is a thin line between what is ethical and what is legal. Transferring of music downloaded from a website, even if paid for, can be unethical. At the same time, it can be considered illegal practice. For example, if I download a song from the internet and pay five dollars for...
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...Useful Tips in Writing a Research Paper Noel F. Noble, Ph.D. October 27 2015 Chapter 1 Introduction and Background of the Study Introduction Theoretical Framework Theoretical framework shapes the justification of the research problem in order to provide the legal basis for defining its parameters. It is a symbolic construction which uses abstract concepts, facts or laws, variables and their relation that explains and predicts how an observed phenomenon exists and operates. Conceptual Framework Conceptual framework presents specific and well-defined concepts which are called constructs. Its function is similar to theoretical framework because the constructs used are derived from abstract concepts of the theoretical framework. Statement of the Problem Statement of the problem sets the direction of the study. It has to be stated vividly and explicitly in interrogative form. A good research problem should be SMART, that is, Specific, Measurable, Achievable, Realistic, and Time-Bound. Significance of the Study Significance of the study explains its importance. It defines the contribution of the study in relation to solving the problem and need; bridging a knowledge gap; improving social, economic and health conditions; enriching research instruments and methods; and supporting government thrusts. Significance of the study is presented either in inductive or deductive perspective. In and inductive way, the researcher moves from the particular to the general...
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...knowledge about key course concepts and recognize application of those concepts in the real world. Begin by reviewing the objectives for the first week of the course as well as the Week One mind map. Then read the assigned text materials to develop knowledge about the concepts. |This assignment requires you to do three things. First summarize at least five key concepts. Remember that the mind map is a source| |of these concepts. Second, provide an application of each concept to a business or organization. Ideally, this application will | |come from your personal or professional experience, but additional reading of research on the concepts in the library will give you| |other examples on which you may draw. Third, provide a reference from the assigned readings for each concept identified. See the | |example below. | An essential business skill is the ability to communicate concise information while providing a well-researched response. In this assignment, demonstrate that skill by completing the worksheet on the following page. The example below is from the MBA/500 course. Use this example to help understand the assignment’s requirements. The worksheet should not contain simple one-word or even one-sentence answers; it should adequately demonstrate, in short paragraphs, graduate-level thinking about the economic concepts presented in the reading materials...
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...Version Version 1 XBRL in Plain English www.batavia–xbrl.com XBRL in Plain English A SIMPLIFIED VIEW ON XBRL WWW.BATAVIA-XBRL.COM XBRL™ is a trademark of the American Institute of Certified Public Accountants (“AICPA’) © 2006, 2007 Batavia XBRL BV all rights reserved Postal box 258, 2800 AG, Gouda Phone +31 182 686 816 • Telefax +31 182 686 206 The contents of this publication are protected by Dutch copyright law and international treaties. Unauthorized reproduction of this publication or any portion of it is strictly prohibited. While every precaution has been taken in the preparation of this book, the publisher and the author assume no responsibility for errors or omissions, or for damages resulting from the use of information contained in this book or from the use of programs and source code that may accompany it. In no event shall the publisher and the authors be liable for any loss of profit or any other commercial damage caused or alleged to be caused directly or indirectly by this book. Version Revision Authors : : : 1 1 Jos van der Heiden Index 1 __________________________________________________________________ INTRODUCTION __________________________________________________________________ 1 ________________________________ 1 2 2 4 5 EXPECT ________________________________________________________________ _________________________________ 1.1 WHAT TO EXPECT _________________________________________________________________ XBRL________________________________...
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...researching the information that you have provided. Behaviorism (grand theory) The theory that I chose was behaviorism. Behaviorism is a grand theory of the human development and studies the observation of behavior. This theory is also a learning theory it explains the laws and the process as to how people learn to behave. According to John Watson, “if psychologists can focus on behavior, they will realize that everything can be learned.” I can apply this theory to several concepts as it relates to my Christian worldview. The first concept is prayer; the very first prayer that is learned is The Lord’s Prayer. Through behavior you learned this either listening to someone recite this prayer or you learned it by reading the bible. The second concept is worship. Worship is first learned and then through maturity you develop your own sense of worship. Worship is learned at home by parents or those whom you live with or it’s learned at your church by those who you attend worship service with. The last concept is praise. Praise just like worship is a very important part of my worldviews. Praise is a learned behavior because it teaches you how to give honor to God. Again just like worship this is learned through watching those who worship. Behaviorism can...
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...children’s conceptions change during the instructional process and how the social discussion during the experimental exploration can be seen in terms of the cognitive changes in children. Young children’s conceptual change has not been as widely studied as that in older students. The researcher in this case study suggested that conceptual changes as a party of the learning process should be viewed as a life long process, which begins before children enter school. Six-year-old children undergo floating and sinking during their conceptual change process. This article attempted to describe this process and how social discourse during the process of knowledge construction is linked to the change in children’s concepts. Conceptual change had generally been examined only through cognitive functions as a general process without consideration of the context before this case study. The children that were selected for this study were pre-schoolers age six. They all hailed from the city of Joensuu, Finland and were from the kindergarten involved with the ESKO research project. The groups wanted to participate in the study, but the researchers taught the topic after the teachers disagreed. The children came from two different groups in the kindergarten with mixed genders. The research was conducted into three parts: pre-interview, instructional process, and post-interview. The pre-interview consisted of two parts that aimed...
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...Alienation is a key theme in Peter Skryznecki’s Migrant Hostel and Tim Winton’s Neighbours. The authors use techniques to engage the reader and to teach the responder about alienation and how it affects people. Skryznecki uses symbolism to convey that migrants were alienated from Australian society. Skryznecki says "barrier at the main gate" to emphasize how the migrants were excluded from the outside world. The "barrier" is both literal and symbolic. It is symbolic of the barrier to belonging in Australia, and the alienation of migrants. Skryznecki uses similes to reiterate his point that migrants were alienated. He say "like a homing pigeon" to compare migrants to birds. He does this to show that the migrants don't belong the are constantly moving to survive like birds do. He further develops this idea through a second simile "like birds of passage". He is explaining that nothing was certain, and there was no security or place of belonging. The migrants feel alienated and want to belong but the Migrant hostel won't let them, they are being forced into alienation. Skryznecki uses similes to convey his thematic concern of alienation. Perceptions and ideas of belonging, and of not belonging, vary. There is no definite truth to where someone belongs. A person can belong somewhere different to where they are assumed to belong. and can not be forced on someone. People belong to different groups than others. Perceptions of belonging are shaped by personal, cultural and social...
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