chapter 3

HCA 698 – Final Project / Business Plan

CHAPTER 3

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1

Chapter 3: Legal and Regulatory Issues

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Rubric for Chapter 3 (Sub-headings)

Patient focus

Human resources and employee laws

Organizational incorporation and legal framework

Miscellaneous laws and regulations

Total of 16 points

Excellent (3-4 pts)

Satisfactory (1-2 pts)

Unacceptable (1-2 pts)

Legal and Regulatory Considerations

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3

Rubric for Chapter 3 (Sub-headings)

Patient focus

Patient protection (State Laws)

E.g., California Health and Safety Code (governs housing of patients and insurance)

E.g., California Business and Professional Code (governs licensure)

California Board of Behavioral Sciences

Medical Board of California

Any other laws pertaining to your patient population?

Patient protection (Federal Laws)

HIPAA

ACA

HITECH (Health Information Technology and Clinical Health Act)

Legal and Regulatory Considerations

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4

Rubric for Chapter 3 (Sub-headings)

Patient focus

Human resources and employee laws

Organizational incorporation and legal framework

Miscellaneous laws and regulations

Total of 16 points

Excellent (3-4 pts)

Satisfactory (1-2 pts)

Unacceptable (1-2 pts)

Legal and Regulatory Considerations

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5

Rubric for Chapter 3 (Sub-headings)

Human resources and employee laws

Employment Regulations (State Laws) Minimum wage acts

Employment Regulations (Federal Laws)

FLSA

Equal Pay Act

ADA

Legal and Regulatory Considerations

Cal/OSHA

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6

Rubric for Chapter 3 (Sub-headings)

Patient focus

Human resources and employee laws

Organizational incorporation and legal framework

Miscellaneous laws and regulations

Total of 16 points

Excellent (3-4 pts)

Satisfactory (1-2 pts)

Unacceptable (1-2 pts)

Legal and Regulatory Considerations

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7

Rubric for Chapter 3 (Sub-headings)

Organizational incorporation and legal framework

Non-profit vs. For-profit?

LLC vs. Corporation?

DISCLAIMER: Chances are likely your organization will not be equipped to handle complex legal issues (consider working with attorneys who specialize in healthcare)

Federal Tax ID or Employer Identification Number (EIN)

Legal and Regulatory Considerations

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LLC vs. Corporation

Allows you take investments (and have equity/shares in your company)

Allows you to have a Board of Directors (initially may just be you and co-founder but eventually will include other investors)

Allows you to own a stake in the company (but as a member, not stockholder)

Not as many formalities (Board, Shareholder meetings, etc)

More flexible (you can write your own partnership agreement)

If you have only 1 member, it’s taxed like a sole proprietorship

Venture Capitalists are more comfortable here

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NOTE: It is a legal requirement to have a Board of Directors and Bylaws as a non-profit