...The Impaired Employee and Liability Loretta Davis Strayer University Health Care Policy, Law and Ethics Dr. Wendy Whitner February 13, 2011 Ethical Consideration 1. Identify and explain at least three Ethical considerations. “Ethics are the principles of conduct governing and individual or a group; specifically, the standards you use to decide what your conduct should be”(Dressler, 2008, p. 553). The leaders and management team of an organization are selected and expected to exhibit the highest level of ethical values. The Vice President for Health Services is certainly charged with ensuring that ethical practices are adhered. They are responsible for making sure that the decisions, policies, and procedures have an ethical foundation. Their primary focus is to make certain that the organization perform at optimum levels. Ethical consideration pertains to the right or wrong conduct based on morality. “Ethical behavior calls healthcare providers to conduct themselves in a manner that is beyond the demands of what is legal; it also asks them to behave in a manner that is ethical according to the guidelines of their profession” (Riley, 2011, p.1). Ethical principles are important all industries; however, the healthcare industry requires the highest level of ethics because people in this industry deal with situation and circumstances that affect another person’s life (Dogra, 2010). The three ethical consideration observed in the scenario...
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...One ethical consideration surrounds the notion that a person can take on a position or apply for and obtain a job based on free will and rights theory. Under this assumption, the candidate has a right to seek and obtain a position because he is able to perform the duties of the position at this time. The same person may struggle with whether disclosing his condition may interfere with his work in the future. He may believe that it is better to disclose this, rather than take a chance that he will be let go in the future, if the condition worsens. An third ethical consideration is a manager may struggle with making a hiring decision, knowing the candidate has the right to suitable employment that is fulfilling to him and at the same time, benefits the organization, at least for the time being. If he chooses not to hire the top pick, based on this information, he may feel he is being unfair. Ethics plays a very important role during the recruitment of new employees. Law and regulations dictate that we have to be ethical in hiring. It is importance that candidates are to be selected based on merits. Applicants are to be hired based purely on merits such as knowledge, skills, and ability in accordance to the needs of the organization. If a company provides any special considerations, for example affirmative action, where certain groups are given special considerations, these considerations should be well stated in the company's policy statement. In any case, any preferential treatment...
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...The Vice President (VP) for Health Services is seeking to fill a mid-level management position. During the interviewing process the search and screening committee has provided the VP with a list of five qualified candidates. Among the five candidates selected, the committee and the VP have both selected the same candidate as their first choice. However, that individual has made it known that they have a degenerative progressive condition. A degenerative progressive condition or disorder is characterized by the loss of physical and mental abilities (Cavanagh, 1983). This paper will cover the ethical, legal, and business considerations of this scenario in addition to the decision with rationale regarding the mid-level management position. Question 1: Identify and explain at least three ethical considerations. Health Services professionals function in many ways and carry out a variety of roles that include professional-client relationships. In these professional-client relationships ethical guidelines are created to set a standard of conduct by which an organization is governed. It’s a check between the right and the wrong of an action. The first ethical consideration encountered is whether or not to extend an employment offer to a candidate with a degenerative progressive condition. The candidate’s physicians are unable to predict whether this condition will interfere with this candidate’s abilities in the near future or later in life. So the question becomes...
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...The Impaired Employee and Liability Shontae Brown May 13, 2012 Dr. David Tataw HSA 515 Identify and explain at least three ethical considerations. 1. If the company decides to hire the candidate solely based on the fact that they have a condition that could result into a disability; that would be considered unethical. The company could be trying to make their company image better by employing more persons with disabilities. 2. If the candidate worked for one of our competitors in the past, it would be unethical of us to hired them just based on that reason alone. Identify and explain at least three the legal considerations. 1. If they hire this candidate and then want to later fire them, they can only fire them under three conditions. The termination must be unrelated to the disability. The employee does not meet legitimate requirements for the job, such as performance or production standards, with or without reasonable accommodation. The employee’s disability poses a direct threat to health or safety in the workplace. If these are not followed then the company could face legal actions. (Fire 2020) 2. If the company decided not to hire the candidate based on the fact of his possible disability then the candidate could file a lawsuit against the company for not hiring him based on the fact that he disclosed that information during his interview. Identify and explain at least three business considerations. 1. When the search committee decides...
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...t Malaysian-based Company (Maybank) Introduction / Objective of the term paper Company Background Maybank, a government-linked company (GLC). is the largest bank in Malaysia with more than 380 domestic and 90 international branches. In Maybank, the unionised Special Grade Clerks performs these functions: • receiving and paying of cash items within designated authority • signing of internal vouchers • checking and verifying all activities of tellers • dual control of ATM • control and release of checkbooks, PIN, bank drafts, bankers cheques etc. If one analyses the job function / authority and responsibility of the unionised Special Grade Clerk, one would note that a lot of the functions of some Unionised employees in some banks are much superior to the said officers. Non-clerical - Position hold above trainee officer, bank officers (in-charge banking hall) and etc. It was reported of estimated 4,605 or 61% of Maybank employees in the clerical and non-clerical category were NUBE members and some of them decided to form an in-house union called Maybank Non-Executive Union (Mayneu). Organizational Behavior issues identified ✓ Biasness in Performance Bonus Maybank and the National Union of Bank Employees (NUBE) had been in dispute over the alleged lack of or insufficient performance bonuses provided to lower-level employees. The dispute had been ongoing since 2009. NUBE claims that the bank did not provide a fair...
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...Substance abuse occurs across all occupations, generations, and cultures. About 1 in 10, of all nurses, is either practicing while impaired or currently in recovery for the abuse of drugs or alcohol (Thomas & Siela, 2011). Substance abuse rates by nurses mirror the rates of other occupations, therefore they are not at an increased risk, per se, however, their overall patterns of use are unique because of the easier access to controlled substances in the professional work environment (Tanga, 2011). Patient safety is threatened by nurses who divert drugs, and therefore, these nurses become a liability to their employers. Healthcare facilities share a responsibility with nurse leaders to ensure a secure system is in place that will prevent medication...
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...The impaired nurse Alcohol and drug dependence affects all segments of the population and nurses are not an exception to the rule. There is a concern that is a growing number of nurses use substances for different reasons. There is not enough data and research on the exact count, statistically speaking. However, recent statistics in state Boards of Nursing clearly define an upward trend. The American Nurses Association estimates that six to eight percent of nurse’s abuse drugs or alcohol. The two most common issues nurses have are access and availability. There are many reasons, nurses struggle with addictions. For the same reasons others do. It might be anxiety, depression or unintentional — caused from taking a prescription medication. However,...
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...employees and their personal and/or family issues. These types of issues may change on a daily basis, especially when an employee is dealing with major illness or sudden accident in their personal life. Those are not the only issues dealt with on a continuous basis, but I believe they are major issues. At any one time people may face missing work due to a sick child, an elderly parent needing assistance, or being sick themselves. I have personally dealt with health issues which were sudden and serious. I was forced to be absent from my job for a month, and my employer has no one trained to do my work if I am absent. The result was a great deal of overtime and stress trying to catch up with missed assignments. A good manager would have trained other personnel to provide back-up coverage. I will explore this issue further in my example of an ethical workplace dilemma. In an economy that has forced both partners to work in order to provide for their family, managers face absentee employees on a regular basis. Pressure of just the main provider being at work while their partner stays at home and tends to the family very rarely exists anymore. Today we see families sharing responsibilities. Another potential ethical problem for managers is having employees who work more than one job to provide for their family. This may bring up a dilemma of loyalty. An employee could be viewed by co-workers as rushing through duties in order to be able to leave to go to another job. Mistakes...
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...the new employee on the ________ day of the month following the date of hire. [List all available benefits to the new-hire during his/her introductory period.] The Cafeteria Plan is available at the beginning of the month following the successful completion of the probationary period. Introductory period employees shall accrue and be entitled to utilize paid sick leave during the introductory period. During the introductory period, the employee shall accrue vacation leave but shall not be entitled to take paid vacation until the completion of the introductory period....
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...MEDIA REPORT ANALYSIS [1702 words] 1. Identify areas of law addressed in the chosen media report, and explain how they are relevant to the matters outlined in the report. This chosen article reports on the prosecution of the directors of a medical practice company called Medical Centre 2000 at Liverpool in Sydney for discriminating against a visually-impaired employee and underpaying her more than $20,000 for about 3 years. Civil Law Civil law can be illustrated in this case when workplace law and disability discrimination have been breached and the victim will be provided with legal remedies by the offenders. In the media report, it have been mentioned that doctors face criminal penalties for underpaying the disabled worker. As a result of this offence, they had to rectify the underpayment of the receptionist after legal proceeding was carried out. She also claimed monetary damages in cash as compensation for her loss and harassment. Corporations Law Medical Centre 2000 is a corporation which its business foundation is established, organised and administered regarding corporations law. It was discovered that the company and operators were breaching disability discrimination under the Fair Work Act. When the company received a disability worker subsidy, they were supposed to pay the blind receptionist a rate of $10-$17 per hour instead of paying less than $8 per hour. With that, they have breached their duties and have failure acting in good faith. In order to...
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...Cases. Read the following cases. Required: For each case, state whether the action or situation shows a violation of the AICPA Code of Professional Conduct, explain why if it does, and cite the relevant rule or interpretation. a. CPA Ellen Stout performs the audit of the local symphony society. Because of her good work, she was elected an honorary member of the board of directors. b. CPA Darcy Wolfe practices management consulting in the area of computerized information systems under the firm name of Wolfe & Associates. The “associates” are not CPAs and the firm is not an accounting firm. However, Wolfe shows “CPA” on business cards and uses these credentials when dealing with clients. c. CPA Alex Goodwin performs significant day- to- day bookkeeping services for Harper Corporation and supervises the work of the one part- time bookkeeper employed by Ha-ley Harper. This year, Harper wants to engage CPA Goodwin to perform an audit. d. CPA H. Poirot bought a home in 1989 and financed it with a mortgage loan from Far-raway Savings and Loan. Farraway was merged into Nearby S& L, and Poirot became the manager in charge of the Nearby audit. e. Poirot inherited a large sum of money from old Mr. Giraud in 2000. Poirot sold his house, paid off the loan to Nearby S& L, and purchased a much larger estate. Nearby S& L provided the financing. f. Poirot and Mala Lemon (a local real estate broker) formed a partnership to develop apartment buildings. Lemon is a 20 percent owner and managing...
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...regarded as having impairment (About.com). The American with Disabilities Act of 1990 (ADA) is an amendment of Title VII intends to make sure society is more accessible to people with disabilities. This amendment applies to companies with 20 or more employees. Title VII has been changed many times and amended from its existence to prohibit discrimination based on race, color, religion, sex or national origin (Bennett, 2007). There are several things an employer can do to accommodate people with disabilities such as making the workplace suitable for an employee with disabilities, building rails around the walls to assist with entering and leaving the facilities, raising toilets, and modifying bathrooms to meet their specific needs. Ramps may need to be built or doors widened in order to assist someone with having access to the building. The company may use a TTY system in order to accommodate the hearing impaired or the...
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...Some of the basic issues In this case study about the Jay Carlos and OSHA (Occupational Safety and Health Act) is that Karl and his attorneys think that OSHA is being a “big government bully” (Borden & Cooper, 2002) Jay and Leigh Carlos are owners of a chain of homes for residence that were mildly mentally retarded, or as it is now called Intellectual and Developmental Disabilities. OSHA came to visit one of the organization homes that Jay had owned to discuss the the guidelines of blood-borne pathogen approach and Hepatitis vaccination procedure. The key actualities was that mentally retarded people were put into mental facilities as opposed to having the capacity to live more full lives, however that had changed and individuals started to...
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...Student Resource Passport to Class: Name___ ________ Foundations for Effective Leadership and Management Module 16: Quality Control, Safety, Performance Appraisal and Problem Employees Required Reading: Marquis, B.L. & Huston, C.J. (2015). Leadership Roles and Management Functions in Nursing: Theory and Application, 8th ed. Philadelphia: Wolters Kluwer. Chapters 23, 24 & 25 Recommended Reading: Institute of Medicine (1999). To Err is Human: Building A Safer Health System. Washington, D.C.: National Academy Press | | Student Response | Objectives | Discuss concepts of quality control, quality assurance and quality improvement. Chapter 23 | Discuss the following:Quality control - refers to activities that are used to evaluate, monitor, or regulate services rendered to consumers.Quality Assurance - Quality assurance models seek to ensure that quality currently exists.Quality Improvement - assume that the process is ongoing and quality can always be improvedDefine the following terminology * Critical Event Analysis – process used to determines discrepancies between care provided and unit standards. * Root Cause Analysis – process used to obtain further information regarding why the standard was not met. * Benchmark - the process of measuring products, practices, and services against best-performing organizations. A tool for identifying desired standards of organizational performance. * Standard -...
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...Case 1 a) Arguments indicating that the firm’s independence has not been impaired: • Moore and Scott for the time being are just friends, not legally married. • There is not a common financial interest since they are not legally married. • By Scott investing in shares, Moore would view this as indirect since Scott would receive any benefits from the investment and are in her name. • Since Moore’s interest is not direct, his independence should not be impaired since Scott’s shares that she invested in are not material to their overall net worth. • Should a third party have access to all the facts, this does not indicate an intolerable risk to the firm’s independence has been established. (Goria and Yaffe, 2002). b) Arguments indicating that the firm’s independence has been impaired: • The appearance of independence to a third party is compromised. Most parties would view a couple living together the same as being married. This would cause Moore’s independence to be impaired (AICPA, 2011). • In reading The AICPA’s Code of Professional Conduct, in order for Moore to evaluate his position, he should consider his capability to perform independently and if a third party that knew all the facts would consider Moore’s and Scott’s relationship to be the same as a married couple. A third party could assume that Moore would be involved and concerned over Scott’s finances and could end of being a conflict since Scott has investment is linked to audit clients (AICPA, 2011). c)...
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