Health Law and Ethics

Final Examination HLTHST 314 Spring 2017 Idaho Administrative Rules Portion

Instructions

The following is the Essay portion of the Final Exam in HLTHST 314.   It is open book/open note/open course-content. However, you are not permitted to work together or receive the assistance of any other person in completing this exam. Consulting with others constitutes academic dishonesty and would result in your dismissal from the class with a failing grade. Now that you have opened the Exam, you may not discuss its contents or your answers with anyone else other than the course instructor.

Outside Materials and Attribution of Sources Used:

All materials necessary to successfully complete this exam have been assigned in the first six lessons. Moreover, the purpose of the Exam is to assess your understanding of the materials covered in this course. Accordingly, you are strongly encouraged to rely solely on course materials (assigned readings, PowerPoint slides, videos, your notes, exercises.) in completing this exam. If you choose not to follow this advice, you must provide a citation to any non-course materials you rely on in your answers, even if you do not directly quote from the material. For Internet sources, a working hyperlink is sufficient.

If you directly quote from any resources (including class PowerPoint slides, assigned readings, Internet sources, or other out-of-class materials) in your exam answers, the quoted material must be in quotation marks (“ ”) and you must provide a citation to the source in parentheses. Each of the following examples would be appropriate: (Clinical Ethics, p. 3), (Trolley Car Video, minute 2:30), (Harris text, p. 310).

Submitting your Exam:

This exam is due via Blackboard by 11:59pm on Thursday May 4, 2017. Note that submittals after 11:59pm will have a 5 point reduction. Please attach your answers in a .doc or .docx format into the “HLTHST 314 Final Exam Answer Sheet” available on Blackboard portion of this examination and submit your completed document as a MS Word Document (either .doc or .docx) via Safe Assign.

If you complete your exam before the deadline, early submission is encouraged.

Questions about the Exam:

If you have questions please feel free to contact me

In this portion of the Final you will be reviewing proposed rules in Idaho in the Administrative bulletin and following those rules into the IDAPA where the rules are implemented. Because all proposed rules must be approved by the legislature before they become effective you will be looking at proposed rules adoped in 2015. Proposed rules from 2016 have just been approved by the 2017 Idaho Legislature were effective when the legislature went home but may not be moved into the rules as of yet.

Examination Portion of Section:

Your agency will be impacted by the new rules and your supervisor has asked you to provide a report to the executive staff during their weekly meeting on the rule and the potential impact on how services are delivered in your organization.

An agency will sometimes separate changes to a rule into separate dockets to help assure passage. The Idaho Department of Health and Welfare actually did develop two proposed rules relating to the IDAPA 16.03.05 Rules Governing Eligibility for Aid to the Aged, Blind and Disabled (AABD). You will look at both proposed rules in the Administrative Bulletin, when they are approved by the legislature and after the changes have been incorporated into the above named IDAPA.

I had originally planned for you to search out the docket yourself but realized that you had not practiced that in class. Therefore, here is a link to the beginning of the rule changes. Docket No. 16.0305-1501 you will also be looking at Docket No. 16-0305-1502 which follows directly behind the linked document.

You have been asked to gather the following information:

1. Related to Docket No 16-0305-1501 :

a. In your own word what is the purpose of this proposed rule? You answer must be at least 50 words. This must be your own summary of the bill and not a cut and pasted product.

b. What is the projected fiscal impact of the Rule?

c. Who is the contact person for the Rule?

d. What is the justification for the rule?

e. Was there negotiated rule making?

f. If no negotiated rule making why not?

g. What portion of the rule was incorporated by reference?

h. What is the effective date of the rule?

i. What is the last day to request that a public hearing be held?

j. What is the statutory authority for adopting the rule?

k. What is the major change to the existing rule?

i. What is the time limit in the change?

ii. What is the value limit in the change?

l. Ultimately, how will this change be used related to patient liability?

2. Related to Docket No 16-0305-1502 01,15 Quiz for Lesson : Strategic planning version 2.0 (60 Minutes) :

a. In your own word what is the purpose of this proposed rule? You answer must be at least 50 words. This must be your own summary of the bill and not a cut and pasted product.

b. What is the projected fiscal impact of the Rule?

c. Who is the contact person for the Rule?

d. What is the justification for the rule?

e. Was there negotiated rule making?

f. If no negotiated rule making why not?

g. What portion of the rule was incorporated by reference?

h. What is the effective date of the rule?

i. What is the last day to request that a public hearing be held?

j. What is the statutory authority for adopting the rule?

k. What is the major change to the existing rule?

l. Under 105. CITIZENSHIP AND QUALIFIED NON-CITIZEN REQUIREMENTS there is a list of those that would qualify for services.

i. List three categories that you might not have expected to see on the list.

3. All proposed rules must be approved by the Idaho Legislature. Normally you would chase this down but I have provided the minutes for you for your review. Here is a link to the legislative minutes.

a. What committee were the proposed rules presented in for approval?

b. What was the date of the review?

c. Were there people that testified on either proposed rule?

d. For each docket list which member made the motion and which seconded the motion.

4. You now need to go the existing rule IDAPA 16.03.05 Rules Governing Eligibility for Aid to the Aged and Blind and Disabled (AABD) that are in the Idaho Department of Health and Welfare. To get you started here is a link to the IDAPA Rules for all agencies.

a. What is the stated legal authority for the Rule?

b. What is the stated Scope for the Rule?

c. Is there any incorporation by reference in the Rule? If so what are they?

d. On what page of the rules are the changes listed in Docket No. 16-0305-1501 to be found?

e. On what page of the rules are the changes listed in Docket No. 16-0305-1502 to be found?

f. Look over the table of contents of the 915 sections and select at least three sections that are of interest to you.

i. List your first selection here and generally discuss what the category is about.

ii. List your second selection here and generally discuss what the category is about.

iii. List your third selection here and generally discuss what the category is about.

g. What would you tell your administrative team about how complex these rules are and what is needed to be in compliance with the rules?

https://adminrules.idaho.gov/bulletin/2015/10.pdf#page=246