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Case: Criminal Law

Please view the Healthcare fraud: Billing for services not rendered video below (https://www.youtube.com/watch?v=1ZB2fueXn9g). Then read the case study below the video.

Benevis and Kool Smiles Dental Clinics have joined the ranks of medical professionals and businesses found guilty of defrauding the government. Using the background reading as well as other sources, research the case against this company. After completing your research, please respond to the following questions.

  1. Discuss the case against Benevis and Kool Smiles Dental Clinics. Be sure to explain the relationship between the two.
  2. What were the actual charges filed against them?
  3. What was the punishment?
  4. Discuss the final outcome of the case. Was it justified? Be sure to cite reliable sources to support your analysis.

Length: Submit a 3-page paper.

SLP Assignment Expectations

  1. Conduct additional research to gather sufficient information to support your analysis.
  2. Limit your response to a maximum of 3 pages.
  3. This should not be personal opinion (avoid the use of “I” in your paper).
  4. Support your paper with peer-reviewed articles and reliable sources, and use at least 3 references. For additional information on how to recognize peer-reviewed journals, see http://www.angelo.edu/services/library/handouts/peerrev.php and for evaluating internet sources:
    https://www.library.georgetown.edu/tutorials/research-guides/evaluating-internet-content
  5. You may use the following source to assist in your formatting your assignment: https://owl.english.purdue.edu/owl/resource/560/01/
  6. References
  7. 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/10.1177/0098858816644720Computers, 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/10.1177/1079063217712217Hospitals 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

    Optional Reading

    Benevis, Kool Smiles to pay $23.9 million in settlement with Department of Justice. (2018, Jan 12). ADA News. Retrieved from
    https://www.ada.org/en/publications/ada-news/2018-archive/january/benevis-kool-smiles-to-pay-239-million-in-settlement-with-department-of-justiceDance, S. (2014, Sep 03) Dando won’t face trial: Sexual assault charges dropped; doctor gives up his state license.
    The Baltimore Sun. Retrieved from the Trident Online Library.Metrick, B. (2017, Mar 02). Doctor guilty of sexual assault, drugging.
    Public Opinion. Retrieved from the Trident Online Library.Sanderson, S. (2018, Jan 26) Casper doctor found guilty of sexually assaulting patients.
    Casper Star Tribune. Retrieved from:
    http://trib.com/news/local/crime-and-courts/casper-doctor-found-guilty-of-sexually-assaulting-patients/article_e323fd54-ad21-5681-a70e-639d589274f0.html#tracking-source=home-top-story-1Temecula doctor convicted of 25 charges in sexual assault case. (2017, March 1).
    Temecula Patch.Retrieved from:
    https://patch.com/california/temecula/temecula-doctor-convicted-25-charges-sexual-assault-caseTwohey, M. (2010, Apr 30) Women charged rape; doctor still practiced: Since 2000, 7 women have accused Dr. Bruce Sylvester Smith of sexual assault.
    Chicago Tribune. Retrieved from:
    http://www.chicagotribune.com/lifestyles/health/chi-100430doctor-story.html

    PART IIRead the article in the required reading, “The Medicine Shoppe v. Loretta Lynch, et al.: Pharmacists and prescribing physicians are equally liable” as well as the Pharmacists Code of Ethics at the following link:https://www.pharmacist.com/code-ethicsDiscuss the following:

    1. Identify and discuss the duties and responsibilities of a pharmacist toward a patient.
    2. Provide the details of the assigned case. Based upon your research and assessment of the case, did the pharmacist perform the required duties and uphold patient rights?
    3. Is the pharmacy at fault? Why or why not?
    4. What impact can a pharmacist’s actions have on patients and community? Consider the current opioid crisis facing our nation in your answer; cite reliable sources in your discussion.
    5. What precautions can be taken to ensure these types of incidents by allied professionals don’t happen to others? Should there be more regulations in place? Support your discussion with reliable sources.

    Length: Submit a 3-page paper, using headings to correspond with each question in the assignment.

    SLP Assignment Expectations

    1. Conduct additional research to gather sufficient information to support your writing. This should not be an opinion piece, but an analysis.
    2. Avoid the use of first person in your paper.
    3. Limit your response to a maximum of 3-5 pages.
    4. Support your paper with peer-reviewed articles and reliable sources, and use at least 3 references. For additional information on how to recognize peer-reviewed journals, see http://www.angelo.edu/services/library/handouts/peerrev.php and for evaluating internet sources:
      https://www.library.georgetown.edu/tutorials/research-guides/evaluating-internet-content
    5. You may use the following source to assist in your formatting your assignment: https://owl.english.purdue.edu/owl/resource/560/01/

    References Anonymous. (2015). Enforcement procedures for the Occupational Therapy Code of Ethics. The American Journal of Occupational Therapy, 69(Suppl. 3) 1-13. Retrieved from the Trident Online Library.Baker, K. R. (2016) An obligation to society. Drug Topics, 160(10). Retrieved from the Trident Online Library.Battie, R. N. (2015) Thriving through trust: Ethical practice, quality care. AORN Journal, 101(5). 505-507. Retrieved from the Trident Online Library.Chiarello, E. (2015) The War on Drugs comes to the pharmacy counter: Frontline work in the shadow of discrepant institutional logics. Law and Social Inquiry, 40(1) 86-122. Retrieved from the Trident Online Library.Divakar, D. D., Al Kheraif, A. A., Ramakrishnaiah, R., Al Zhrane, M., Al-Hazmi, A., and Parine, N. R. (2015). Ethics in dentistry an overview: Electronic search study. Revista Romana de Bioteca, 12(3). Retrieved from the Trident Online Library.Grass, J. C. (2016). The Medicine Shoppe v. Loretta Lynch, et al.: Pharmacists and prescribing physicians are equally liable. The Health Lawyer, 28(3), 28-37. Retrieved from the Trident Online Library.Limenti, A. E. (1999). The role of ethical principles in health care and the implications for ethical codes. Journal of Medical Ethics, 25. Retrieved from https://www.ncbi.nlm.nih.gov/pmc/articles/PMC479265/pdf/jmedeth00006-0032.pdfYang, Y. T., Attanasio, L. B., & Kozhimannil, K. B. (2016). State scope of practice laws, nurse-midwifery workforce, and childbirth procedures and outcomes. Women’s Health Issues, 26(3) 262-267. Retrieved from the Trident Online Library.Young, G., Hulcombe, J., Hurwood, A., & Nancarrow, S. (2015). The Queensland Health Ministerial Taskforce on health practitioners’ expanded scope of practice: Consultation findings. Australian Health Review, 39(3), 249-254. Retrieved from the Trident Online Library.

    Optional Reading

    American Clinical Social Work Association (n.d.) Code of Ethics. Retrieved from http://www.acswa.org/code-ethics/American Society of Clinical Laboratory Science (n.d.) Code of Ethics. Retrieved from http://www.ascls.org/about-us/code-of-ethicsInternational Board of Lactation Consultant Examiners (2015) Code of Professional Conduct. Retrieved from https://iblce.org/wp-content/uploads/2017/05/code-of-professional-conduct.pdfNational Association of Emergency Medical Technicians (2013). Code of Ethics. Retrieved from https://www.naemt.org/about-ems/emt-oath

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