Students alone or with a partner, will choose one of the following topics and write a concise one-page (about 500 words) essay that examines the legal issues and culminates in a reasoned conclusion to the question. The paper must demonstrate sufficient research of the law with appropriate citation (APA format) as well as evidence of proper application of the legal principles to the topic (question). The conclusion must be logically argued and supported.
As technology has expanded, so has the increased use of algorithms to assist medical decision-making. These algorithms, known as black box medicine, are not foolproof (for example, the Optum algorithm found to be racially biased).
Medical algorithms leverage massive data sets in order to identify patterns and provide information or recommendations accordingly. Because these algorithms can analyze data more quickly than humans, theyre capable of incorporating and adapting far more information than the average humans decision-making process can.
These types of algorithms arent limited to medical use. Rather, theyre changing nearly every industry, from insurance claims processing to hiring decisions.
The term black box medicine refers to the fact that, in many cases, the algorithm itself is proprietary. Providers who use these algorithms to support decision-making dont see how the algorithm makes its recommendations or the data sets on which the recommendation is based.
The result is that the recommendations provided by the algorithm can be difficult to analyze for accuracy. For instance, when an algorithm recommends a particular dose of insulin for a diabetic patient, questions may arise: Why that dose? Is that dose appropriate, and if so, based on what criteria?
When a physician or provider uses AI as part of the decision-making process and harm results, who can be held liable?
2. Until the COVID-19 public health emergency, the slow-moving gears of the health system have left much potential for telehealth untapped. “Telemedicine,” or the practice of medicine to provide care to a distant site using technology as well as the broader category of using technology to provide a range of services and care at a distance, known as “telehealth” have faced a number of obstacles to widespread adoption.
On March 27, 2020, the “Coronavirus Aid, Relief, and Economic Security Act (CARES Act) was passed. The law, among other things, gave the Health & Human Services (HHS) Secretary the authority to waive certain restrictions on telehealth during a declared public health emergency.
Choose a waiver and describe the “normal” (prior to the pandemic), as well as 1) the temporary landscape during the pandemic and 2) insights as to what the post-pandemic landscape might look like as it relates to Telemedicine:
3. The outbreak of the COVID-19 pandemic led to significant changes in the fraud and abuse regulatory environment. Although the changes that were brought about were temporary, it was still essential for healthcare leaders to navigate these changes. One of the significant changes involved the issuing of blanket waivers of a couple of Stark Law requirements by The Centers for Medicare & Medicaid Services (CMS). As a result, the waivers gave health systems and hospitals much-needed flexibility. From tackling compensation and staffing issues to dealing with challenging physician contracting, all these complex processes they were dealing with at the start of the COVID-19 pandemic were made easier. Choose a waiver and describe the “normal” (prior to the pandemic), as well as 1) the temporary landscape during the pandemic and 2) insights as to what the post-pandemic landscape might look like.
4. Already, employees have filed hundreds of lawsuits and more than 100 class-action suits, all alleging their employers violated federal and state regulations regarding employee safety. In what ways will healthcare employers be liable (and thus responsible for damages) for their employees safety?
In order to receive all allotted points, the following attributes will be considered, in addition to the directions provided above:
The Author presented a well organized, concise, well-edited paper that:
A. Identified the main issues
B. Provided evidence that a thorough and insightful analysis of the issues was conducted using laws and precedents
C. Demonstrated understanding of applicable laws and precedents
D. Clearly made a decision based on laws and precedent
E. Logically explained and defended conclusions.
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