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ETHICAL vs LEGAL PRACTICE SITUATIONS

ETHICAL vs LEGAL PRACTICE SITUATIONS. BAIT & SWITCH: Lewis, D. Ethics: Exercise (or Exorcise) Legal and Ethical Dilemmas in Your Hearing Healthcare Practice

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Page 1: ETHICAL vs LEGAL PRACTICE SITUATIONS. BAIT & SWITCH: Lewis, D. Ethics: Exercise (or Exorcise) Legal and Ethical Dilemmas in Your Hearing Healthcare Practice

ETHICAL vs LEGAL PRACTICE SITUATIONS

Page 2: ETHICAL vs LEGAL PRACTICE SITUATIONS. BAIT & SWITCH: Lewis, D. Ethics: Exercise (or Exorcise) Legal and Ethical Dilemmas in Your Hearing Healthcare Practice

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.”

Page 3: ETHICAL vs LEGAL PRACTICE SITUATIONS. BAIT & SWITCH: Lewis, D. Ethics: Exercise (or Exorcise) Legal and Ethical Dilemmas in Your Hearing Healthcare Practice

BAIT & SWITCH b

HIGHLY ILLEGAL;MAY BE SUED FOR FALSE ADVERTISEMENT;CAN ALSO BE SUED FOR TRADEMARK INFRINGEMENT BY COMPETING MANUFACTURERS & RETAILERS

Page 4: ETHICAL vs LEGAL PRACTICE SITUATIONS. BAIT & SWITCH: Lewis, D. Ethics: Exercise (or Exorcise) Legal and Ethical Dilemmas in Your Hearing Healthcare Practice

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.

Page 5: ETHICAL vs LEGAL PRACTICE SITUATIONS. BAIT & SWITCH: Lewis, D. Ethics: Exercise (or Exorcise) Legal and Ethical Dilemmas in Your Hearing Healthcare Practice

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.

Page 6: ETHICAL vs LEGAL PRACTICE SITUATIONS. BAIT & SWITCH: Lewis, D. Ethics: Exercise (or Exorcise) Legal and Ethical Dilemmas in Your Hearing Healthcare Practice

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.

Page 7: ETHICAL vs LEGAL PRACTICE SITUATIONS. BAIT & SWITCH: Lewis, D. Ethics: Exercise (or Exorcise) Legal and Ethical Dilemmas in Your Hearing Healthcare Practice

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.

Page 8: ETHICAL vs LEGAL PRACTICE SITUATIONS. BAIT & SWITCH: Lewis, D. Ethics: Exercise (or Exorcise) Legal and Ethical Dilemmas in Your Hearing Healthcare Practice

MANUFACTURER PERKS b

POTENTIALLY DAMAGING PUBLICITY….REMEMBER WHEN 60 MINUTES CHASED PHYSICIANS ON LUXARY VACATIONS,COURTESY OF PHARMACEUTICAL COMPANIES.

Page 9: ETHICAL vs LEGAL PRACTICE SITUATIONS. BAIT & SWITCH: Lewis, D. Ethics: Exercise (or Exorcise) Legal and Ethical Dilemmas in Your Hearing Healthcare Practice

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.

Page 10: ETHICAL vs LEGAL PRACTICE SITUATIONS. BAIT & SWITCH: Lewis, D. Ethics: Exercise (or Exorcise) Legal and Ethical Dilemmas in Your Hearing Healthcare Practice

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

Page 11: ETHICAL vs LEGAL PRACTICE SITUATIONS. BAIT & SWITCH: Lewis, D. Ethics: Exercise (or Exorcise) Legal and Ethical Dilemmas in Your Hearing Healthcare Practice

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?

Page 12: ETHICAL vs LEGAL PRACTICE SITUATIONS. BAIT & SWITCH: Lewis, D. Ethics: Exercise (or Exorcise) Legal and Ethical Dilemmas in Your Hearing Healthcare Practice

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.

Page 13: ETHICAL vs LEGAL PRACTICE SITUATIONS. BAIT & SWITCH: Lewis, D. Ethics: Exercise (or Exorcise) Legal and Ethical Dilemmas in Your Hearing Healthcare Practice

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

Page 14: ETHICAL vs LEGAL PRACTICE SITUATIONS. BAIT & SWITCH: Lewis, D. Ethics: Exercise (or Exorcise) Legal and Ethical Dilemmas in Your Hearing Healthcare Practice

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