Phil Von Guire, M.D. is licensed to practice medicine in the State of Minnesota.  He recently reconnected with Salma Soule, Esq., his college girlfriend and a recovering lawyer who is interested in starting a technology enhanced, senior living and health care residential facility (the “Business”).  Salma proposed the following terms of the Business as follows: Salma would own 95% of the voting equity of the Business.  The remaining 5% of the equity and 100% of the voting rights would be owned by Dr. Von Guire and other licensed physicians.  Physicians who promise to provide the most referrals for health care services would receive more equity (and on preferred terms) in the Business than those physicians who refuse to promise any significant referrals.  Dr. Von Guire would serve as Chief Medical Officer and Chief Operating Officer of the Business.  As compensation for his services, he could be paid as follows: (a) he would receive a 10% of the profits of the Business and (b) a special bonus for all patients he personally refers to the Business or one of its affiliated entities.  The Business would pay chiropractors $25 for each patient referred to the Business for Medicare covered services.

Strategic Recommendation for Scenario C. Offer one specific strategic recommendation for the health care organization to handle this scenario.  For your recommendation, explain how your recommendation addresses the most important ethical concern / tradeoff.

Part II: Legal & Ethical Analysis, and Strategic Implications (Total – 60 points) For these scenarios:    First, identify a key legal issue and legal concepts that relate to the first and second scenarios, and the ethical concerns / tradeoffs that relate to the third scenario.  Key legal concepts include key requirements for a relevant legal issue (such as the multiple choice answer options covered in Part I).  Also, for each of these legal concepts, identify a key fact or facts that is / are relevant for analyzing that concept.  Likewise for the ethical concerns / tradeoffs, identify stakeholders and key fact/s that are relevant to the ethical concern.  It is recommended you use a table/s such as these: Legal Issue Legal Concept Key Fact Key Legal Issue for 1st scenario LC 1 F1 “” LC 2 F2 “” LC 3 F3 “” LC 4 F4 For example, if Negligence were a key issue, you would have a table like this (note – duty & damages are normally straightforward, so they are not included) Legal Issue Legal Concept Key Fact Negligence Breach Fact about breach “” Causation Fact about causation   Ethical Concern / Tradeoff Relevant Stakeholder Key Fact ECT RS 1 F5 “” RS 2 F6 “” RS 3 F7     Then, offer and explain your strategic recommendations.  

Legal & Ethical Analysis, and Strategic Implications: Scenario A Beginning in 2015, senior management at Scrubs Health System embarked on a scheme to recruit physicians for employment for the purpose of capturing their lucrative “downstream referrals.” Scrubs successfully recruited hundreds of local physicians, including cardiovascular specialists, neurosurgeons, and breast surgeons, by paying them salaries that were significantly higher – sometimes as much as double – than what they were receiving in their own private practices. Scrubs hired a valuation firm to analyze the compensation it proposed paying to its recruited specialists. Scrubs knowingly provided the firm with false compensation figures so that the firm would render a favorable opinion. The Complaint further alleged that Scrubs ignored repeated warnings from the valuation firm regarding the legal perils of overcompensating its physicians. Scrubs then submitted claims to Medicare for services that resulted from referrals from these recruited physicians.    

The executive director of a food bank seeks out the data of how many pounds of food were distributed in the last year. This is an example of: 

Which subtype of primary constipation is most common in older adults?

A 65-year-old woman presents to the emergency department with progressive dysphagia. Initially she had trouble with ingestion of bulky food, later with soft food, and now with difficulty on thin liquids and excessive salivation. What must be included in the differential diagnosis?

Which symptom is most characteristic of urge urinary incontinence?

When using a DCF method with free cash flows to the firm (FCFF) to value a firm, what measure should we use for the discount rate?

What is the primary goal of a firm?