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ETHICAL vs LEGAL PRACTICE SITUATIONS
BAIT & SWITCH: Lewis, D. Ethics: Exercise (or Exorcise) Legal and Ethical Dilemmas in Your Hearing Healthcare Practice. HIS Education Webinar. Retrieved from http://ihsinfo.org/IhsV2/hearing professional.
ADVERTISED HEARING AIDS (eg $295 each)“SORRY THAT ONE IT IS UNAVAILABLE”
or
“YOUR HEARING IS SO BAD YOU NEED THESE [MORE EXPENSIVE ($4000)]
HEARING AIDS.”
BAIT & SWITCH b
HIGHLY ILLEGAL;MAY BE SUED FOR FALSE ADVERTISEMENT;CAN ALSO BE SUED FOR TRADEMARK INFRINGEMENT BY COMPETING MANUFACTURERS & RETAILERS
BAIT & SWITCH b
OFFER A REBATE OR RAIN CHECK FOR THE UNAVAILABLE HEARING AID.
IT IS OK TO SHOW A BETTER HEARING AID, BUT NOT JUST BECAUSE THE ADVERTISED DEVICE WAS NOT
AVAILABLE.
MANUFACTURER REP, STUDENT, TRAINEE ASSISTS WITH HA’S : Lewis, D. Ethics: Exercise (or Exorcise) Legal and Ethical Dilemmas in Your Hearing Healthcare Practice. HIS Education Webinar. Retrieved from http://ihsinfo.org/IhsV2/hearing professional.
DOCTOR (of Divinity) MOORE OR INTERN
JAMES OR CANDIDATE SMITH OR HEARING COUNSELLOR JONES WILL SEE YOU NOW.DO NOT USE SUCH DESCRIPTIONS.USE ONLY APPROPRIATE “EARNED” CANDIDATES.IF THE DEGREE IS NOT HEARING RELATED, DON’T USE IT.
BUYING GROUP Lewis, D. Ethics: Exercise (or Exorcise) Legal and Ethical
Dilemmas in Your Hearing Healthcare Practice. HIS Education Webinar. Retrieved from http://ihsinfo.org/IhsV2/hearing professional.
THE DISPENSER HAS JOINED A BUYING GROUP TO OBTAIN LOWER HEARING AID COSTS.
LEGALLY, ETHICALLY IT IS ACCEPTABLE TO NEGOTIATE A LOWER PURCHASE PRICE.
WHEN FILING A FEDERAL CLAIM (eg Medicaid), VIRTUALLY ALWAYS MUST SHOW THE ACTUALCOST OF THE DEVICE.
MANUFACTURER PERKSYOU CAN EARN A TRIP OR OTHER PERKS
THROUGH THE MANUFACTURER BASED ON HEARING AID SALES.
POSSIBLE ILLEGAL IF YOU PARTICIPATE IN FEDERALLY FUNDED PROGRAMS.
POTENTIALLY UNETHICAL AS IT CAN SWAY YOUR CHOICE IN DEVICES DISPENSED.
Lewis, D. Ethics: Exercise (or Exorcise) Legal and Ethical Dilemmas in Your Hearing Healthcare Practice. HIS Education Webinar. Retrieved from http://ihsinfo.org/IhsV2/hearing professional.
MANUFACTURER PERKS b
POTENTIALLY DAMAGING PUBLICITY….REMEMBER WHEN 60 MINUTES CHASED PHYSICIANS ON LUXARY VACATIONS,COURTESY OF PHARMACEUTICAL COMPANIES.
EQUIPMENT PERKS
THE MANUFACTURER OFFERS TO INVOICE YOU AT SINGLE UNIT COST & DEPOSIT $ OVER ACTUAL COST TO PURCHASE EQUIPMENT, SUPPLIES & CEU’s.
COULD BE A VIOLATION OF STATE &/or FEDERAL ANTI-KICKBACK STATUES & OTHER LAWS.
COULD RESULT IN CRIMINAL %/or CIVIL ACTION.LOBBY FOR A SAFE HARBOUR.
Lewis, D. Ethics: Exercise (or Exorcise) Legal and Ethical Dilemmas in Your Hearing Healthcare Practice. HIS Education Webinar. Retrieved from http://ihsinfo.org/IhsV2/hearingprofessional.
PRIVACY
YOU SHARE PATIENT INFROMATION WITH HAMANUFACTURERS & EARMOLD LABS.
YOUR CLINIC HAS BUSINESS ASSOCIATE AGREEMENTS IN PLACE & THE PATIENT HAS SIGNED A RELEASE.
THE PATIENT STARTS TO RECEIVE A MONTHLY “HEARING” NEWSLETTER, THEN DETERMINED THAT THE COMPANY GOT HER NAME FROM THE BUYING GROUP THAT YOUR CLINIC USES.
Hahn, C. A Practical View of Healthcare Ethics for Audiologists. ADA Conference. Retrieved from http://www.audiologist.org/_resources/documents/professionals/ethics/Hahn-A%20Practical%20Overview%20of%20Healthcare%20Ethics%20for%20Audiologists.pdf
PRIVACY b
THE PATIENT FILES A COMPLAINT AS SHE DID NOT CONSENT TO HAVING HER
PERSONAL INFORMATION SHARED.[DID THE HEARING AID CLINIC SEND PHONE NUMBERS and / or ADDRESSES TO THE MANUFACTURER?.....................WHY?]
LEGAL / ETHICAL VIOLATION?
PRIVACY c
HAS THE PATIENT HAS SIGNED THE HIPAA AUTHORIZATION FORM?
DOES THE CLINIC HAVE HIPAA BUSINESS ASSOCIATE AGREEMENTS IN PLACE?
THE HIPAA PATIENT CONSENT FORM (not required) WOULD PROVIDE THE CLINIC AND EXTRA
MEASURE OF PROTECTION.
INFECTION CONTROL
TO SAVE ON THE COST OF DISPOSABLE INSTRUMENTS, THE CLINIC USES REUSEABLE PARTS (tips, probes).
A PATIENT WITH A DRAINING EAR IS REFERRED TO AN OTOLOGIST, WHOSE LAB STUDY FINDS THE MRSA BACTERIA.
WHEN CONFRONTED, IT IS DETERMINED THAT THE PRACTIONER WOULD REUSE THE EQUIPMENT THROUGHOUT THE DAY BEFORE DISINFECTING OR STERILIZING AT THE END OF THE DAY.
Hahn, C. A Practical View of Healthcare Ethics for Audiologists. ADA Conference. Retrieved from http://www.audiologist.org/_resources/documents/professionals/ethics/Hahn-A%20Practical%20Overview%20of%20Healthcare%20Ethics%20for%20Audiologists.pdf
INCENTIVIZING FOR REFERRALSTO PROTECT MARKET SHARE, A HEARING
AID PRACTICE ENTERS INTO AN EXCLUSIVE REFERRAL SYSTEM WITH A PHYSICIAN.
THE PHYSICIAN WOULD RECEIVE A 5% PROFIT SHARE FOR EACH OF THE REFERRED PATIENTS NEEDING HEARING AIDS.
VIOLATION OF STATE & / or FEDERAL STARK & ANTI-KICKBACK STATUES.
Hahn, C. A Practical View of Healthcare Ethics for Audiologists. ADA Conference. Retrieved from http://www.audiologist.org/_resources/documents/professionals/ethics/Hahn-A%20Practical%20Overview%20of%20Healthcare%20Ethics%20for%20Audiologists.pdf