Moving Beyond Simple Conflict of Interest

Moving Beyond Simple Conflict of Interest Introduction This paper discusses some issues related to the Greber case. Greber was a physician and was the owner of Cardio-Med, Inc. The company assisted physicians by making available certain medical equipments to record the cardiac details of patients.Advertising We will write a custom case study sample on Moving Beyond Simple Conflict of Interest specifically for you for only $16.05 $11/page Learn More The physicians were paid a certain amount for every patient that they referred. The case deals with out of the way payments made to physicians in order to get more referrals from them. Such payments were more than the actual worth of the jobs done. The case came to light and a case was lodged. How do criminal and civil law differ? Answer: The differences between criminal law and civil law pertain to the nature of crime, the person filing the lawsuit, the punishments awarded, and substantiating evidence. With regard to the nature of crime, criminal law rel ates to illegal conduct, whereas civil law relates to disagreements between two parties and where the complainants haven’t broken any law. With regard to the person filing the lawsuit, â€Å"In criminal cases, the government always files the litigation or lawsuit. In civil law, the plaintiff files the lawsuit and usually is a private party such as a person or corporation† (Main, 2012). With regard to the punishment awarded, in a criminal offence the punishment awarded may range from imposing fines, imprisonment, or capital punishment (depending on the severity of the crime). In civil offences, the loser is required to compensate the monetary or other losses of the winning party. With regard to the substantiating of evidence, in criminal offences, the prosecutor (most of the time) is responsible for providing the required evidence, whereas in civil cases, mostly the plaintiff has to provide evidence. However, in both cases sometimes the other party also may have to prov ide evidence. In what way did this differ from joint venturing? Answer: In joint venturing the parties involved have control over the business to the extent of their share. Moreover, the agreement is a legal binding for the parties involved. But in this case, there was no binding for either Medicare or the physicians. Medicare paid to the physicians as per the referrals received. The physicians had a free will to refer patients to other medical facilities from where they could get better deals. Also, there was no legal contract between the two parties. â€Å"The execution of a letter of intent (sometimes styled as a memorandum of understanding, term sheet, protocol, summary of terms, or other titles) is the first major undertaking of negotiating a successful joint venture† (Smith Southwell, 2012). In this case, there was no such understanding. Hence this case is different from joint venturing.Advertising Looking for case study on criminal law? Let's see if we can hel p you! Get your first paper with 15% OFF Learn More Do you feel that any of the physicians involved dishonored their fiduciary relationship with their patients? If so how? Answer: Yes, I do believe that the physicians dishonored their fiduciary relationship with their patients. Fiduciary relationship relates to the trust that the patients have over their physicians; trust that makes the patients believe that they will not be cheated. But in this case, in order to earn money, the physicians referred them to such clinics that charged hefty amounts (including their commission). Pamela Bucy (2010) claims that â€Å"Cardio-Med’s payment amount exceeded that which Medicare would have paid the physicians for those services† (p. 40). Medicare paid the excess amount in order to bribe the physicians to send more referrals. So indirectly the patients became a part of this payment scam where payments were made more than what was actually required. This was a financ ial loss and it was definitely a breach of trust. Summarize and give your analysis of the verdict of the case employing your own opinion. Do you agree with the verdict? Why or why not? Answer: According to the court ruling, it was ruled that Medicare made the payments to the physicians in order to induce more referrals. The court also ruled that â€Å"If one purpose of the payment was to induce future referrals, the Medicare statute has been violated† (Bucy, 2010). Stephen Pierce claims that â€Å"The Medicare and Medicaid health care programs were created in the mid-1960s in an attempt to ensure that all Americans would receive high quality health care despite their inability to pay† (Pierce, 1986). But what happened in this case was totally in contrast to what was intended. So, yes, I agree with the verdict of the court. Conclusion: As per the ruling of the court, the payments made to the physicians were done in order to attract more clients to the medical facility. Moreover, the payments received from Medicare were diverted to the physicians; this was totally against the norms. The court ruled against Greber; Greber was found guilty. I am in favor of the judgment because it is not correct for someone to use, for profit, funds that are meant for other purposes. This case is an example of pure bribing in order to gain profits. References Bucy, P. (2010). Health care fraud: Enforcement and compliance. New York: Law Journal Press.Advertising We will write a custom case study sample on Moving Beyond Simple Conflict of Interest specifically for you for only $16.05 $11/page Learn More Main, K. (2012). What is the difference between criminal law and civil law? Web. Pierce, S. (1986). Comment: United States v. Greber and its effect on the Medicare and Medicaid programs. Web. Smith, B., Southwell, T. (2012). Joint Ventures: A Primer. Web.

Rainforrest Deforrestation and Its Impact on Society essays

Rainforrest Deforrestation and Its Impact on Society essays Tropical rainforests cover 5 to 6 percent of the earths surface and they are disappearing at an alarming rate. Many ecologists, scientists, and even rock stars and countless other people all over the world have formed groups to help ease the destruction of the tropical rainforests. Many of these groups are trying to repair the damage that has already occurred as a result of this destruction. Most of the deforestation of the rainforests that we see today is through carelessness, and large corporations striving to make a profit. Today there are more than 150 activists groups that are concerned about the rainforests livelihood. Over consumption and overpopulation are the two main ways in which the destruction of the rainforests are destroyed. The United States is the largest user of natural resources and America contributes to more the destruction of the rainforests than any other country. In addition, the population of the world has grown exponentially over the last few decades, which has called for more use of natural resources to support the billions of people inhabiting our earth now. Every year an area the size of the state of Florida is destroyed. Many of the effects of the destruction are evident and some of these effects are long term. In the past, the people that are native to the tropical countries where the rainforests exist have cut down the trees in order to build homes, furniture, and to use as firewood. This use of the trees from the rainforest had had a minimal impact on the ecosystem of the rainforests. The trees used by the natives would regenerate themselves due to natural process, commonly known as Mother Nature. However, as of late, the individuals that are causing the destruction are not the natives, but rather people outside of the countries where the rainforests exists. For decades the natives have lived in harmony wit...

Audit of a Workplace as a Learning Environment Essay

Audit of a Workplace as a Learning Environment - Essay Example From this paper it is clear that learning in this organization is a continuous process as many employees do not possess the required skills for effective work performance and those who are experienced need reinforcement. The assignment will be evaluate and discuss this learning in three ways. First the audit will evaluate the understandings, knowledge as well as dispositions required for employees to perform their tasks effectively. Secondly, the contribution of the workplace towards enhancing or hindering learning will be discussed after which the strengths and weaknesses of the workplace as a learning environment will be evaluated and summarized.As the discussion highlights  learning in workplace refers to the skills and knowledge gained through interactions and leads to change in behavior, attitudes and understandings. It increases employees’ innovative capacity and efficiency hence increasing company’s competitiveness. Workplace learning takes various forms which can be intentional or unintentional, formal or informal.  Formal learning occurs when programs are created to offer training to staff so that they can acquire skills such as a training department established to train tailors how to make garments. Informal learning occurs through daily experiences and through educational influences and environmental factors such as knowledge on how to cut, iron. Trim and pack garments. Intentional learning involves moving towards a set objective by the learner such as a tailor assistant willingness to become a tailor.

Should legal immigration be stopped Essay Example | Topics and Well Written Essays - 750 words

Should legal immigration be stopped - Essay Example It is important to understand the value placed on immigrating to America, especially in the developing countries and even some European nations. The value is so great that these people are sometimes willing to go to all lengths to secure a move. There are many shortcomings of illegal immigration, for example, it results in human trafficking and modern day slavery. Therefore, if the presence of legal immigration contains illegal immigration, then it should not be stopped because its presence reduces suffering. However, there are still cases of illegal immigration despite the presence of legal procedures (Dvorak, 2009). This implies that the problem has to be solved in another way (Egendorf, 2006). Some sources attribute the illegal immigration to hard immigration procedures and limited opportunities, which in turn suggest that the problem can be solved my making immigration easier (Egendorf, 2006). There is also an economic argument for the presence of legal immigration. Due to the procedures that the applicants have to follow, only the best professionals and students make it. This implies that the country gains skilled manpower, which in turn boosts production and creativity (Graham, 2004). Therefore, legal migration is important because it strengthens the American position as a global leader. Attracting the best workers and students from less developed nations leads to ‘brain drain’. These countries will remain stagnated because their best minds migrate overseas instead of contributing to development in their own countries (Williams, 2004). The result is that their homelands remain reliant to international aid. Therefore, it has been proposed that legal migration increases the burden on the United States because the country is forced to make humanitarian contributions to the countries. The only flaw in this proposal is that it has not been tested. It

Explain the impact of information technology on the criminal justice Essay

Explain the impact of information technology on the criminal justice system - Essay Example Technical administrative safety /security measures like that security plans, actions, and procedures are the generally practices for the organizational information security procedures. Attentiveness of building actions are concerned by the organizations to a substantially smaller level, on the other hand at the same time these are weighed up as being further efficient organizational actions than technical administrative ones. Information security encompasses organizational features, officially authorized aspects, institutionalization and applications of most excellent practices in addition to security technologies (Laudon & Laudon, 1999). Augmenting power of information technology and computing as well as progresses in data communication and user-friendly GUI (graphical user interface) present criminal justice and law enforcement agency by means of extraordinary capability to get together, inspect, store as well as distribute information and data that is gathered about any case or criminal activity by stakeholders surrounded by as well as outside of administration and criminal justice system (Peterson, 2009). The accomplishment of the information technology for criminal justice system presents enormous benefits like that at the present time we have a technology-driven working atmosphere, rapid and reliable commutation means, fast detection system, these all systems merge to form a very strong criminal justice system. Criminal justice systems have been improved through growing the ability to store as well as process huge amount of data about crimes and associated events. There is enhanced investigative and intelligenc e facility through information technology. They have rapid and on spot right to use to criminal records as well as additional types of appropriate data regarding criminal justice (Peterson, 2009). For criminal justice a policy determined vital to convene the needs of modern and up-to-date shapes of

Business Diversity Case study Example | Topics and Well Written Essays - 500 words

Business Diversity - Case Study Example While cultivating to make improvements in business marginal returns, Fresh food has faced several challenges including ethnicity. This has been illustrated by Vivian’s sentiments accepting that she is likely to face ethnic challenges while settling in Phoenix. The business also faces communication barrier because Vivian is considering-employing translators to help aid the purchases at Phoenix, which is perceived to be dominated by different racial communities. Despite the fact that fresh food faces numerous problems as stated above, the business has done its best to stock variety of food thus represent a divergent culture. Moreover, the business principal mandate is based on good communication as a way of ensuring customers sustainability. The organizational arrangements to deliver freely to disabled members of the society is a clear illustration how it respects the dignity of members of the society (Hellriegel &Slocum, 2007). Fresh food having embraced diversity as one of its strengths gets the potential to capture broader market margin. This clearly indicates that the business is targeting a bigger population hence capable of getting higher returns. In addition, the issue of diversity is also an indication of societal representation. This put the business at the highest end of achieving its competitive edge. However, diversity calls for additional costs in terms of hiring professionals. For instance, for Vivian to translators at Arizona she would need an additional overhead cost (Golembiewski, 1995). To get a noble workforce, Vivian’s recruitment procedure entail understanding the environment as this would help her to relate well with the society. Secondly, she should consider candidates for interviews mainly from Arizona. After getting adequate number, she can proceed and put them on probation, as this would help her in identifying the right personnel who can deliver as per

Rbi’s Debt Management and Monetary Policy Essay Example for Free

Rbi’s Debt Management and Monetary Policy Essay I have shown you in class, using the IS-LM model, how the above two roles of the RBI presents a conflict between the desired positions of the LM curve and therefore the equilibrium interest rate. Some of you have expressed interest in knowing more about this debate. Therefore here are the two opposing points of view. For the motion: On this side of the debate is the government which supports an independent Debt Management Office (DMO) that is separate from the RBI. The government has received support from the Report of the Internal Working Group on Debt Management which has pointed out three conflicts that arises from the present arrangement: â€Å"If the Central Bank tries to be an effective debt manager, it would lean towards selling bonds at high prices, i.e. keeping interest rates low. This leads to an inflationary bias in monetary policy.† Second â€Å"if the Central Bank tries to do a good job of discharging its responsibility of selling bonds, it has an incentive to mandate that banks hold a large amount of government paper.† Third, â€Å"if the Central Bank administers the operating systems for the government securities markets, as the RBI currently does, this creates another conflict, where the owner/ administrator of these systems is also a participant in the market.† The Percy Mistry Committee on Making Mumbai an International Financial Centre (IFC) recommended the setting up of an autonomous DMO by saying that â€Å"looking ahead, a sound public borrowing strategy for India would incorporate three elements. . . An independent Indian â€Å"debt management office† operating either as an autonomous agency or under the Ministry of Finance that regularly auctioned a large quantum of INR denominated bonds in an IFC in Mumbai. The size of these auctions would be substantial by world standards and would enhance Mumbai’s stature as an IFC.† The Raghuram Rajan committee on Financial Sector Reforms (A Hundred Small Steps) has argued against RBI providing the â€Å"investment banking† function to the government as â€Å"this involves a conflict of interest, since the government would benefit from lower interest rates, which the RBI has some control over. Investors in the bond market may also perceive the sale of bonds by RBI to be informed by a sense of how interest rates will evolve in the  future. Finally, the RBI is the regulator of banks. Banking supervision could be distorted by the desire to sell bonds at an attractive price.† Media commentators have also supported the motion. See for instance Ajay Shah writing in the Business Standard,Ila Patnaik writing in the Indian Express, Shruthi Jayaram writing in the Financial Express, S. Narayan writing in the Mint. Also see what the Stanford University’s Policy Brief and the Bank for International Settlements feel about this issue. Against the motion: Predictably the RBI is opposing the above views. See this Business Standard report which quotes RBI Governor Dr Subbarao as saying that Only central banks have the requisite market pulse and instruments to aid in making contextual judgements which an independent debt agency, driven by narrow objectives, will not be able to do. The Governor further said that in order to achieve monetary and financial stability, separation of debt management from central bank seems to be a sub-optimal choice. The case for shifting debt management function out of the central bank is made on several arguments such as resolving conflict of interest, reducing the cost of debt, facilitating debt consolidation and increasing transparency. These advantages are overstated, Dr Subbarao said. He said market borrowings are the major source of deficit financing at state level and such borrowings are exceeding the absorptive capacity of the market. That makes it imperative to harmonise the market borrowing programmes of the Centre and the states. Separation of the Centres debt management from the central bank will make such harmonisation difficult, Dr Subbarao added. He said even internationally, there is closer association between the central bank with sovereign debt management for proper monetary policy and financial stability. Also see this Business Line report which quotes Dr Subbrao as saying that â€Å"the learning from the recent global crisis is that those systems where central bank manages government debt are more effective. When fiscal deficit is as high as it is in India, it is not only about debt management in the conventional sense. It has larger implications for liquidity management and monetary policy transmission. The balance of advantage would lie in the RBI continuing to manage public debt until fiscal deficit comes down to very comfortable levels.† RBI’s internal research  supports the above view by demonstrating that interest rates have not been affected by the government’s borrowing programme (a point made by some of you in class). Some media commentators have also supported RBI’s view (see this article in the Economic Times). You will be amused to know that Dr Subbarao himself was an advocate of an independent DMO when he used to work for the government! The confusion over this issue was evidenced by the Rakesh Mohan Committee on India’s Financial Sector Assessment which opined in favour of an independent DMO with the chairman (an ex-deputy governor of the RBI) disagreeing with the committee’s view! Tailpiece: The RBI seems to have reconciled to the setting up of an independent DMO but is insisting that they be in charge of running the office (so much for independence)! See this report from the Financial Express. Finally you may enjoy reading this article from the Economic Times on â€Å"Chidambaram vs Subbarao: How conflicts between govt and RBI could lead to better policy-making†.