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The Health Insurance Portability and Accountability Act, 2008.
Looks at the history, goals and problems of the Health Insurance Portability and Accountability Act of 1996 (HIPAA).
855 words (approx. 3.4 pages), 5 sources, APA, AU$ 39.95
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Abstract
This paper discusses the Health Insurance Portability and Accountability Act of 1996 (HIPAA), which was intended to improve access and renewability with respect to employment related group health plans, to health insurance coverage sold in connection with group plans, and to the individual market, by amending the Public Health Service Act. The paper relates that the primary elements in the legislation for most workers are portability and a general improvement in coverage but the Act falls short in addressing these problems. The paper outlines the shortcomings of the Act and provides examples to illustrate them. The paper concludes that, even though main issue in the law is portability, the many other provisions in the Act show how even that one particular change requires a good deal of change in other areas as well.
From the Paper
"Epstein (2002) notes some of the unintended consequences of HIPAA with reference to medical research. He cites the provisions on privacy and finds a conflict "between the concern for privacy on the one hand, and the ability of medical scientists, physicians, and institutions to continue on with their traditional research activities." Under the new rules, it is assumed that everyone needs to obtain consent for the disclosure or use of any particular medical record for any kind of purpose, and when HIPAA does distinguish among purposes, it does so based on the needs of the individual."
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The Whistleblower Protection Act, 2008.
This paper discusses the Whistleblower Protection Act of 1989 and its application in the workplace.
1,146 words (approx. 4.6 pages), 3 sources, APA, AU$ 51.95
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Abstract
The paper defines the Whistleblower Protection Act of 1989 and how it addresses environmental concerns, securities fraud, transportation safety, Federal Aviation Administration (FAA) regulations and Nuclear Regulatory Commission (NRC) regulations. The paper discusses the formal/direct and informal/indirect types of retaliation and punishment that employers are prohibited from engaging as well as how, in certain circumstances, employees have the right to refuse to work until employers correct dangerous working conditions. The paper then outlines the compensation to which whistleblowers are entitled.
Outline:
Introduction
The Application of Whistleblower Protection Law in the Workplace
Formal/Direct Failure to Comply with the Whistleblower Protection Act of 1989
Refusal to Work
Remedies
From the Paper
"The Whistleblower Protection Act of 1989 was designed to protect individuals employed by government agencies from retaliation in any form arising as a consequence of bringing to light circumstances within the employing agencies that violate fundamental rights. It is also intended to protect those individuals from continued exposure to medically harmful and dangerous working conditions by enabling the reporting of those conditions to the appropriate authorities for rectification without the fear of adverse consequences that could otherwise discourage reporting and thereby perpetuate those conditions (USLC, 2007)."
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Scott Louis Panetti, Petitioner, 2008.
An analysis of the issues related to the motion filed by Scott Panetti stating that he was not fit to be executed for his crime due to mental illness.
1,327 words (approx. 5.3 pages), 6 sources, MLA, AU$ 57.95
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Abstract
This paper discusses the case of Petitioner Scott Panetti who was convicted of capital murder and sentenced to death by a state court in Texas. It particularly focuses on Panetti's filing of a petition to the state court in which he stated that due to his mental illness, he could not be executed. The paper discusses the facts of the case, the issues and the opinions that affected its outcome.
Table of Contents:
Facts
Issues
Holdings
Rationale
Separate Opinions
Analysis
From the Paper
"The main argument used by Panetti's defence was that a death row and mentally unstable inmate could only be executed provided that he possessed "rational understanding." However, the court felt that such a standard was subjective and manipulative and would create a precedent on which death row inmates could escape the capital punishment. "Moreover, such a requirement - imported from the Court's Fifth and Sixth Amendment jurisprudence concerning defendants' strategic participation at the guilt and sentencing phases - is out of place at the moment of execution. Finally, the retributive and deterrent interests served by the death penalty - focused primarily as they are on society at large rather than the capital murderer - do not demand the "rational understanding" that Panetti urges.""
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Federal Acquisition Regulations, 2008.
An overview of the rules applicable to challenging an agency non-responsibility decision under US Federal Acquisition Regulations (FAR).
1,962 words (approx. 7.8 pages), 5 sources, MLA, AU$ 81.95
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Abstract
This paper discusses how, prior to a government agency making a contracting decision, the contracting officer must ensure that all of the rules and regulations of the Federal Acquisition Regulations (FAR)are satisfied. The paper first explains that the purpose of FAR is to safeguard the integrity of the procurement process through both civil and criminal actions. Through the analysis of two applicable case laws the paper then attempts to show that the burden of proof on the challenging party is often steep and difficult to meet.
Outline:
Introduction
Legal Background on Challenges to Responsibility Determinations
Application of the Law
Conclusion
Cases Cited
From the Paper
"With a full understanding of the standard of review and rules that govern a reviewing court's decision making process on a FAR responsibility determination challenge, the next step is to review how these rules are applied to actual challenge scenarios. To accomplish this, two FAR non-responsibility challenge decisions will be reviewed with the purpose of better understanding the above stated rules through their application to actual factual scenarios."
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Hate Crimes, 2008.
A discussion on the difference between hate, brutal and ordinary crimes and the involvement of the law.
961 words (approx. 3.8 pages), 7 sources, APA, AU$ 44.95
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Abstract
The paper discusses hate crimes and states that they differ from ordinary crimes in the impact they have upon the victim and the larger group to which the victim belongs. An example has been provided in "Attorney General's Civil Rights Commission on Hate Crimes" by mentioning the Jewish and Filipino communities throughout US that were strongly impacted by the attack on the West Valley Jewish Community Center and the slaying of Joseph Ileto. The paper highlights that another community greatly impacted by the murders of Matthew Shepherd and Gary Matson and Winfield Mowder, was the gay community. The paper mentions that hate crimes affect not only the victim but also all the members of the victim's group. The paper continues and reflects on the punishment involved, the differences between hate, ordinary and brutal crimes and the involvement of the law. The paper concludes that it is necessary to identify the nature of the crime together with proper recording of crime.
From the Paper
"There are many thinkers and writers that question the legitimacy of hate or bias crime laws on the basis that they violate a fundamental democratic principle by punishing individuals for their prejudiced thoughts and beliefs. The assumption is that the defendant had a bias motive for committing the offense and the motive consists solely of the defendant's thought. Therefore, it has been argued that bias crime laws are illegitimate because they punish motive. In addition, the fact that complicates things further is that the motive is inextricably tied to a certain set on political values and attitudes. Other writers have recognized that hate crime is a social construct, focusing on prejudice as a criminal act."
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Plea Bargaining and the Criminal Justice System, 2008.
A research proposal that examines public opinion regarding plea bargaining and its effect on sentencing decisions of the criminal justice system.
1,497 words (approx. 6.0 pages), 12 sources, APA, AU$ 64.95
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Abstract
This paper examines plea bargaining and what it means for the criminal justice system. The paper presents a research proposal that analyzes public opinion regarding plea bargaining. It hypothesizes that the public is not supportive of plea bargaining in cases of violent crimes and it suggests that public opinion has impacted the sentencing decisions of courts regardless of plea bargains.
Table of Contents:
Introduction
Prior Studies
Variables for this Study
Scenarios of Plea Bargaining
Independent Variables
Control Variables
From the Paper
"Julian V. Roberts' book, Public Opinion, Crime and Criminal Justice, reports on a series of surveys that examined public opinion on certain aspects of legal procedure and processes. In 1988, a survey was conducted of public opinion in Canada, and found that four out of five people surveyed disapproved of plea bargaining (Roberts, Julian V, 1997, p. 210). "There was little demographic variance in attitudes. Moreover, the link between attitudes and plea bargaining and views of sentencing were clear. People who regarded plea bargaining as unacceptable also thought that sentences were not harsh enough (Roberts, Julian V, 1997, p. 210)." The same survey yielded information to show that the prosecutors' reasons underlying the plea bargaining impacted public opinion. "Finally, the presence of information about a plea bargain in scenarios had the impact of changing public evaluations of criminal justice professionals (Roberts, Julian V, 1997, p. 210)." It did not change their overall opinion of the use of plea bargaining. "For example, if subjects read about a case in which a plea bargain had taken place, they had more negative views of the prosecutor (Roberts, Julian V, 1997, p. 210).""
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Immigration Reform and Control Act, 2008.
An analysis of the Immigration Reform and Control Act of 1986 and how changing laws in state and federal immigration reporting requirements will impact company human resource offices.
5,861 words (approx. 23.4 pages), 11 sources, MLA, AU$ 182.95
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Abstract
This paper examines the Immigration Reform and Control Act of 1986. It specifically examines the burden and the critical role of human resource staffs in complying with the rules and laws that were put into place with this act. Finally, the paper discusses the expectations that have been placed on human resource staff in hiring and managing their personnel. It also looks at how compliance with current and changing laws in state and federal immigration reporting requirements will impact employer human resource offices. A glossary of terms is included with the paper.
Table of Contents:
Abstract
Chapter 1 - Introduction
The Role of Human Resources in a Business or Organization
Human Resource Personnel and Undocumented Workers
Literature Review
Books
Journals
Magazine Articles
Newspaper Articles
Web Site
Chapter 3 - Methodology
Historical Data
Compliance Audit
Walmart and Tyson Foods
Hotel Industry
Small Business
Private Employers
Existing Numerical Data
Chapter 4 - Results
Problems and Limitations
Chapter 5 - Summary and Conclusion
Index
From the Paper
"The government's ability to impose and collect fines and penalties that support its departmental operations prove to be an incentive for aggressive enforcement. Human resource personnel must be diligent in hiring practices, and ensure that compliance is met on behalf of the organization they work for. The government is not going to accept an excuse of vagueness in law and reporting requirements as an excuse for non-compliance. However, the best approach seems to be wrapped up in the I-9 form. This form seems to be more important than any other in ensuring the compliance of an organization in attempting to accurately verify the status of new hires."
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Health Insurance Portability Act, 2008.
An overview of the "Health Insurance Portability and Accountability Act " (HIPPA) 1996 and its concerns and effects on radiology practice.
4,585 words (approx. 18.3 pages), 11 sources, APA, AU$ 155.95
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Abstract
The paper provides background information on the "Health Insurance Portability and Accountability Act " (HIPAA) and discusses the objectives and important elements of the Act. The paper highlights the issues associated with the application of HIPAA by radiologists and discusses the efforts of the radiologists in safeguarding patient privacy. The paper concludes by highlighting the importance of radiology and the issue of HIPAA compared to other professions concerned with health care.
From the Paper
"With regard to the HIPAA Act, there are three elements that incorporate necessities unique to health care organizations such as "standards for the Privacy of Individually Identifiable Information, Standards for Electronic Signature and Code Sets and Standards for Security and Electronic Signature". ("Health Insurance Portability and Accountability Act (HIPAA): Comprehensive self-study guide", n. d.) The Standards with regard to the 'Privacy of Individually Identifiable Information' are dependent upon the necessities to safeguard the privacy of the health information of every patient in oral, written, electronic and any other additional form. The standards for Security and Electronic Signature are dependent upon the necessities to insulate the integrity of and to regulate the reach to health information. They are chalked to safeguard information from change, destruction loss and accidental or deliberate revelation to unauthorized individuals. The Standards for Electronic Signature and Code Sets are dependent upon the necessities for health care parameters to transmit effectively with one another for such basic activities such as payment, claims processing, and establishing coverage with regard to a health plan and finding out a patient's standard of eligibility for services. The Medical Practices and Businesses with regard to HIPAA regulations are also known as 'covered entities'. They incorporate healthcare plans, healthcare providers, and the demands of clearinghouses."
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Privacy Protection Policies in Health Care, 2008.
A case study analysis of the United States Privacy Act and its subsequent revisions and the Healthcare Information Privacy Protection Act (HIPPA).
1,724 words (approx. 6.9 pages), 11 sources, APA, AU$ 72.95
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Abstract
This paper presents a case study relating to privacy issues in the medical and healthcare field. It aims to design an executive level privacy protection policy and considers both the legal regulations applicable to a company's privacy issues and the company's particular privacy needs. The paper specifically examines the application of the United States Privacy Act and its subsequent revisions and the Healthcare Information Privacy Protection Act (HIPPA).
From the Paper
"Clearly, the Privacy Act, originally intended to apply only to government agencies, now applies to such non-governmental entities as the healthcare system and commercial businesses. What can be concluded from this expansion of the Act's jurisdiction is that, because of the Act, individuals now have an expectation of personal privacy. In order to ensure this expectation is met, all customer-related organizations must take steps, per the Privacy Act, to protect an individual's personal privacy. (Douglas-Steward: 2001)."
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Schools Interoperability Framework, 2008.
An introduction to the Schools Interoperability Framework (SIF) and the
implications on No Child Left Behind (NCLB) compliance.
778 words (approx. 3.1 pages), 4 sources, APA, AU$ 35.95
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Abstract
This paper illustrates why it is critical for schools and the districts that serve them to aggressively pursue strategies to attain a high level of integration across their many systems. It discusses the importance of adopting the Schools Interoperability Framework (SIF), enabling systems integration and therefore higher levels of compliance to the No Child Left Behind (NCLB) requirements in the process.
Table of Contents:
Synopsis
Schools Interoperability Framework (SIF) Defined
The Return on Integration Investment: Why the SIF Framework Matters
From the Paper
"The Schools Interoperability Framework Association is comprised of government agencies, partners, schools and school districts, and vendors who have created and manage this association to solve the lack of data and process integration between school, district, city, state and federal government educational systems. The association was launched formally on April 25, 2003 and develops integration standards to ensure 3rd party validation of application conformance to the SIF specification. The association also has a wide variety of programs that promote the adoption of the SIF specifications and framework. In collaborating with its many members to create the specification, the decision was made to base its foundation on XML specifications, a technology standard which as emerged in enterprise software and Software-as-a-Service (SaaS) platforms including many of the companies who rely on XML as their primary messaging platform, including salesforce.com for example."
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The Case of Jeffrey MacDonald, 2008.
An examination of the errors in the investigation against Jeffrey MacDonald for the murders of his wife and children.
1,519 words (approx. 6.1 pages), 3 sources, APA, AU$ 65.95
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Abstract
This paper discusses the case of Jeffrey MacDonald who was convicted in the United States of the brutal murders of his wife and children. It looks at the investigative process and shows how the process reveals several serious errors, which made it virtually impossible for the police to locate any other suspects. The paper claims that perhaps there was not enough evidence to definitely claim that MacDonald was not the actual perpetrator of the murders.
From the Paper
"However, the incompetent investigation, on its own, may not have been enough to ensure MacDonald's conviction. It is important to understand that the police and the prosecution work as a unit. The prosecution was convinced of MacDonald's guilt and worked diligently to make sure that exculpatory evidence was never presented to the jury. While it may seem that the police had no responsibility for how the evidence was used, that assumption is simply not true. Many of the investigating officers and laboratory technicians were aware that the prosecution was attempting to suppress exculpatory evidence. In fact, there were notes in files, indicating that they were aware of this bias. The individual officers should have been less complacent and should have done everything they could have done, including going to the defense; to make sure that the defendant was aware of exculpatory evidence. Unfortunately, given the presiding judge's apparent bias, even defense knowledge about the exculpatory evidence may not have resulted in a not-guilty verdict. While the incompetent investigation contributed to MacDonald's conviction, it may not have led to an inevitable conviction. However, the incompetent investigation, biased judge, and dishonest prosecution made MacDonald's conviction a certainty. It remains to be seen whether MacDonald will ever receive an opportunity for all of the evidence to be weighed in a criminal court of law."
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"Who's Reading Over Your Shoulder?", 2008.
A critical analysis of Zara Gelsey's article "Who's Reading Over Your Shoulder?".
878 words (approx. 3.5 pages), 1 source, MLA, AU$ 40.95
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Abstract
This paper examines how Zara Gelsey carefully builds a clear link between watching over your shoulder activity and the Patriot Act in her article "Who's Reading Over Your Shoulder?" The paper discusses the Gelsey's dispassionate stance on the issue and how, although she has the same concerns as everyone else, she has presented them very objectively as to make the argument based more on logic than passion alone.
From the Paper
"Once the tone has been set, the author delves into the real purpose of the article. The Patriot Act is what the author wants to comment on. She carefully builds a clear link between watching over your shoulder activity and the Patriot Act. The reader is not asked to do the job of linking up since author has done that very well. But it is not exactly the Act itself that is the main issue; it is the activities that are undertaken due to this Act which seem to bother the author. And the main activity discussed in the article is FBI's access into a person's reading interests and activities."
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Schools, Admission and Race, 2008.
A discussion of the "Parents Involved In Community Schools V. Seattle School District" 2007 Supreme Court ruling.
1,119 words (approx. 4.5 pages), 2 sources, MLA, AU$ 50.95
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Abstract
The paper explains the "Parents Involved In Community Schools V. Seattle School District" lawsuit when parents of students who were denied admission to schools of their choice due to their race sued the District, arguing that their policy of racial tiebreaker violated the Fourteenth Amendment guarantee of equal protection. The paper discusses the majority decision and maintains that it is an accurate reflection of the recent swing in the US Supreme Court towards conservatism. The paper does point out, however, that Justice Kennedy's separate opinion keeps the door partially open for public schools to consider race for ensuring equal educational opportunity in certain circumstances.
Outline:
Background
Facts of the Case
Questions Before the Supreme Court
Decision
The Conservative and Liberal Aspects of the Decision
Conclusion
From the Paper
"The Seattle School District had adopted a system of 'tiebreakers' to decide admissions in schools that were oversubscribed. An important tiebreaker was a racial factor intended to maintain racial diversity. The system sometimes prevented students from gaining admission to schools of their first choice due to their race, if the racial demographics of a school deviated substantially from the overall white to non-white ratio of Seattle's total student population."
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Insurance and Hurricane Katrina, 2008.
This paper discusses the policies of the insurance industry in the aftermath of Hurricane Katrina.
2,060 words (approx. 8.2 pages), 10 sources, MLA, AU$ 83.95
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Abstract
The paper discusses how hurricane Katrina highlighted the inadequacy of insurance coverages offered. The paper also reveals the fraud of insurance agencies in depriving homeowners of rightful payments. The paper examines the various lawsuits and legal issues and discusses the campaign waged by the insurance industry to keep the courts from making insurance policies and to keep judges adhering to pro-business policies. The paper shows how many federal and state laws are both confusing and contradictory and largely shaped for the benefit of the insurance companies.
From the Paper
"The tragic circumstances surrounding the appearance of hurricane Katrina some two years ago highlighted a number of problems and issues facing not only the people of New Orleans and environs but all Americans. One such issue is often spotlighted after a disaster of this sort, and that issue is the inadequacy of much of the insurance coverage offered. In addition, as with hurricane Katrina, insurance agencies are accused of defrauding their policyholders by reporting falsified inspections of properties and so depriving those policyholders of rightful payments."
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Workers' Compensation Insurance Reform, 2008.
This paper discusses current reform of workers' compensation specifically brought about by Senate Bill 899.
1,844 words (approx. 7.4 pages), 7 sources, APA, AU$ 77.95
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Abstract
This paper discusses current workers' compensation reform. The problem presented in this paper is that although reform measures like Senate Bill 899 have had a positive effect on workers' compensation, particularly to making it more efficient, it has had a substantial effect on the way workers' compensation is done. However, reform also means that the workers' compensation practitioner has to make internal adjustments. This paper first presents an overview of the specific changes created by Senate Bill 899 and, second, makes specific recommendations as to practice changes that the workers' compensation practitioner will have to abide by in order to continue to have a profitable and compliant workers' compensation practice. The paper focuses only on the changes created by Senate Bill 899 as they effect the attorney and practice of the plaintiff's side of workers' compensation.
Outline:
I. Introduction
A. Background
B. The Problem
C. Purpose
D. Scope
II. Overview of Senate Bill 899
III. Effects of Senate Bill 899
A. Procedural Changes
B. Financial Impact
C. Retraining Issues
D. Penalties for Noncompliance
IV. Conclusion
From the Paper
"Senate Bill 899 was enacted as a means to attempt to save jobs, reduce the costs of carrying workers' compensation insurance for employers, and improve the overall care available for the injured workers. The law was passed by the legislature with overwhelming, bipartisan support and was signed into law on April 19, 2004 by Governor Schwarzenegger. In summary, the reforms provided by Senate Bill 899 focuses primarily on controlling the ever-escalating costs of medial treatment. At the time of the bill's passing, medical costs accounted for fifty-one percent of every dollar and indemnity benefit, which accounted for forty-nine percent of every workers' compensation dollar spent. These expenses had all significantly risen over a period of less than ten years. For example, in 1997 it was estimated that California employers paid a total of $3.4 billion dollars in indemnity costs. By 2003 this number was at an estimated $5.8 billion. In 1997 an estimated 2.6 billion in medical costs was paid, whereas by 2003 the number had increased to $6.1 billion. Finally, the total costs spent by all California employers on workers' compensation (indemnity, medical, etc.) was at an estimated $8.3 billion in 1997. By 2003 this number was at an estimated $26.7 Billion. It was this problematic trend that Senate Bill 899 was aimed at reversing, or at least controlling."
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Privacy in Intelligence Agencies, 2008.
This paper discusses the privacy rights of civilians and employees of intelligence organizations.
883 words (approx. 3.5 pages), 2 sources, APA, AU$ 40.95
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Abstract
The paper discusses the use of electronic surveillance, notably email surveillance, that is of fundamental importance within counterintelligence investigations. The paper points out the need for an explicit mention in the employer/employee contract that these sorts of measures and intrusions into personal privacy will occur routinely and without warning. The paper discusses how intelligence agencies can not maintain national security if no personal privacy is surrendered, but stresses that this privacy can only be surrendered voluntarily and under contract by intelligence officers. The paper contrasts this to ordinary civilians who must be protected by the law and investigated only when necessary.
From the Paper
"Counterintelligence, by its very nature, is designed to be intrusive. This means that, very often, it steps outside the bounds of what ordinary Americans consider to be their right to personal privacy. Essentially, when intelligence officers seek to recruit moles in foreign intelligence agencies and, to a greater extent, when individuals attempt to acquire jobs within U.S. intelligence agencies, they become subject to an intense level of scrutiny--ideally, from the perspective of the agency, the maximum amount of scrutiny they are capable of. "
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