Assignment: Health Insurance Case Study Study the following case and then answer the question below as instructed. The Case of Mr. Bono's Records Mr. Bono is applying for a position with XMEN Company

Week 11-Ruberic, Assignment, & Lesson Content

Rubric:

Criteria

Points

Summarizes the facts of Mr. Bono's case.

10

Argues whether or not Mr. Bono has a discrimination claim against Megamillion, Inc. Gives reasons why or why not.

10

Suggests what Mr. Bono should do in response.

Follows standard mechanics in writing, spelling, grammar, and punctuation.

At least one research source is cited in APA format.

Total

30


Assignment: Health Insurance Case Study

Study the following case and then answer the question below as instructed.

The Case of Mr. Bono's Records

Mr. Bono is applying for a position with XMEN Company in Louisiana. For the medical exam that is part of the employment process, Mr. Bono has signed a general authorization to release his medical records to XMEN Company.

Mr. Bono is accepted to work for XMEN Company. After the month waiting period, Mr. Bono applies for health insurance through his employer. In going over his medical records, the employer's insurance agency Megamillion, Inc. discovers that Mr. Bono was once part of a university-led research study that identified him as a carrier of the obesity gene.

Based on this disclosure in his medical records, Megamillion, Inc. denies Mr. Bono's application for health insurance.

Question

Write a 1-2 page paper discussing your thoughts about this case while addressing the following:

  • Summarize the facts of Mr. Bono's case.

  • Based on Louisiana law or your state law, argue whether or not Mr. Bono has a discrimination claim against Megamillion. Give reasons why or why not.

  • What action should Mr. Bono take? Refer to details in your assigned reading and your own research.

Be sure to refer to at least one research source with a citation in APA format.

Submit your completed assignment by following the directions linked below. Please check the Course Calendar for specific due dates.

Save your assignment as a Microsoft Word document.

Lesson Content:

Forerunner of EMTLA

The Emergency Medical Treatment and Labor Act (EMTLA) was passed as a part of the Consolidated Omnibus Budget Reconciliation Act of 1986. The EMTLA is federal legislation whose purpose is to prevent hospitals from rejecting patients, refusing to treat them, or transferring them to public or charity hospitals because they are uninsured.

One of the forerunners of EMTLA was a case during the 1970s in Washington, D.C.

One night, a man was attacked during a robbery attempt and shot in the chest. Paramedics arrived shortly after the shooting. The patient was placed in the ambulance and driven to the nearest hospital for treatment.

Normally in emergency cases, an ambulance will take the patient to the closest hospital. In this case, the closest hospital to the crime was a hospital that specialized in women's care only. The hospital refused to provide any type of care to the victim. The paramedics argued that if the victim did not get some care immediately that he could expire.

The hospital stood firm and refused to treat the patient. The patient was then taken to the next closest hospital. The victim expired en route to the next hospital.

This case caused major outrage in the general community. The family of the victim sued the hospital for negligence. As a result of this case, a bill was presented in Congress, which led to the Emergency Medical Treatment and Active Labor Act. This stipulated that hospitals are required to provide enough care to stabilize the patient sufficiently to be safely transferred to another facility.

Background in Clinical Research

Clinical Research in the United States has an ugly history. In the 1930-1972, a group of African American men was given injections of syphilis to study the effects of the disease. These men did not know nor were they aware that a disease was being given to them. The patients were never treated with penicillin.

Young boys in an orphanage where given radiological drugs to study the effects of the drugs. In adulthood all of these men were sterile. These boys thought that this was a routine field trip for them. The use of these boys was justified because they were orphans and did not have parents. The study group provided a momentary award to the orphanage for the use of the boys.

In the 1960's a group of mentally retarded children were given injections of hepatitis to finds ways to reduce the effects of the disease. Parental permission was obtained but the true reason for the study was not provided.

More recently, a person only has hours to live and is in need of an organ transplant. An organ becomes available but it is given to the person who can best afford to the pay for the operation. Do you see an issue here?

Prior to 1960, there were literally no laws in regard to medical ethics. The 1960s was a decade of awakening. The public because more aware of unethical situations in health care and research. This led to the creation of clinical research rules and regulations