Policy and law journal 1

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Competency

In this project, you will demonstrate your mastery of the following competency:

Determine the influence of legal risks and liability issues on policy and decision making

Overview

Telemedicine is an emerging medical technology that allows pa!ents to connect directly with medical providers via video

conferencing without having to leave their own home. However, as with any medical tool or prac!ce, there are legal risks and

liability issues that need to be considered. Understanding these risks and liabili!es, as well as how stakeholders both

influence and are impacted by decisions rela!ng to them, is crucial for success within the healthcare field.

Imagine you are a consultant for a healthcare provider considering implemen!ng a new telemedicine applica!on. Your

supervisor has asked you and two other consultants to write an analysis report for each of the three types of telemedicine

they are considering to help the healthcare provider determine the key legal risks and liability issues they may encounter if

they choose to implement this applica!on. You will select which type you want to focus on from the list of scenarios below:

An obstetrician-gynecologist’s office is considering adding a remote monitoring applica!on to help track fetal

monitoring for expectant mothers with high-risk pregnancies or who have experienced previous trauma. The remote

monitoring applica!on would allow pa!ents to remain in their local hospital without having to transfer to a larger

ter!ary care facility to be monitored.

A small doctor’s office in a rural area is considering adding a store-and-forward telemedicine system to allow the

doctor !me to evaluate a pa!ent’s concerns and determine whether they should come to the doctor’s office for

further evalua!on or make the lengthy trip out to the hospital located in the nearest city.

An emergency department is considering a real-!me interac!ve teleneurology service to determine the administra!on

of thromboly!cs to a suspected stroke pa!ent.

Before wri!ng your report, you will need to research the telemedicine applica!on you chose, as well as the legal risks and

liability issues related to that system.

Direc!ons

Write an analysis report discussing the legal risks and liability issues regarding your chosen telemedicine type.

You must cite at least three sources to support your claims. For addi!onal help comple!ng this assignment, refer to the

Shapiro Library Guide: Nursing – Graduate item in the Start Here module. You may also use the Online Wri!ng Center,

located in the Academic Support module.

Specifically, you must include the following:

1. Defini!ons: Provide a clear, concise descrip!on of the differences between legal risks and liability issues. Consider the

following guiding ques!on in your response:

A. How might you explain the differences between legal risks and liability issues to someone who has never

heard of these terms before?

2. Legal Risks and Liabili!es: Summarize the key legal risks and liability issues regarding your chosen telemedicine

applica!on scenario. Consider the following guiding ques!ons in your response:

A. What legal risks and liabili!es are essen!al for those working in the healthcare industry to be aware of?

B. What are some of the consequences for medical professionals if laws are broken or liabili!es are incurred in

the workplace?

3. Stakeholder Influence: Describe how legal risks, medical claims, and tort reform can influence stakeholders with

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respect to telemedicine. Consider the following guiding ques!ons in your response:

A. What are healthcare providers responsible for when caring for pa!ents via telemedicine versus caring for

them in person?

B. How can medical professionals maintain pa!ent confiden!ality while caring for pa!ents via telemedicine?

C. How are underserved areas and vulnerable popula!ons able to access telemedicine services?

4. Differing Needs and Interests: Analyze how differing stakeholder needs and interests can impact decisions regarding

telemedicine. Consider the following guiding ques!ons in your response:

A. What rights and needs do pa!ents have when using telemedicine?

B. What rights and needs do healthcare providers and medical professionals have when using telemedicine?

C. What rights and needs do insurance providers have when using telemedicine?

D. What other stakeholders’ needs should also be considered when using telemedicine?

E. What is the impact of telemedicine on underserved areas and vulnerable popula!ons?

5. Technology Risks: Discuss the addi!onal legal risks and liability issues technology can have in telemedicine. Consider

the following guiding ques!ons in your response:

A. How does HIPAA (Health Insurance Portability and Accountability Act of 1996) apply to so$ware developers

and applica!on managers who create and maintain the technology related to telemedicine?

B. What measures are taken to ensure the confiden!ality of pa!ent informa!on?

C. How reliable is the technology related to telemedicine, par!cularly for those in underserved areas or members

of vulnerable popula!ons?

6. Evalua!on: Evaluate the impact that the iden!fied legal risks and liability issues could have on stakeholders if your

chosen telemedicine applica!on is implemented. Consider the following guiding ques!ons in your response:

A. Do the legal risks and liability issues outweigh the benefits to stakeholders of using telemedicine?

B. Are vulnerable popula!ons and underserved areas able to benefit equitably from access to telemedicine

services?

C. What might healthcare providers need to do in order to minimize the amount of legal risk and liability while

providing telemedicine services?

7. Policy and Decision Making: Analyze how understanding legal risks and liability issues can impact overall health policy

and decision making, both posi!vely and nega!vely. Consider the following guiding ques!ons in your response:

A. How might vulnerable popula!ons and underserved areas be affected as healthcare laws and policies are

generally wri%en?

B. How might the legal risks and liabili!es of telemedicine relate to other legal risks and liabili!es with using

other medical technologies?

C. How might health policy and decision making be affected by not understanding the relevant legal risks and

liabili!es?

What to Submit

To complete this project, you must submit the following:

Analysis Report

Your submission should be a 4- to 5-page Word document. You must also include an APA-style !tle page. Use 12-point Times

New Roman font, double spacing, and 1-inch margins. Sources should be cited according to APA style.

Criteria Exemplary (100%) Proficient (90%) Needs

Improvement (70%) Not Evident (0%) Value

Defini!ons Exceeds proficiency Provides a clear, Shows progress Does not a%empt 10

Project One Rubric

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in an excep!onally clear and insigh&ul manner, using industry-specific language

concise descrip!on of the differences between legal risks and liability issues

toward proficiency, but with errors or omissions

criterion

Legal Risks and Liabili!es

Exceeds proficiency in an excep!onally clear and insigh&ul manner, using industry-specific language

Summarizes the key legal risks and liability issues regarding telemedicine