Year: 2022

Instructions:
Review the following hypothetical to get started. Please apply the facts from references and Lecture Slide Materials for this Hypothetical Scenario Assignment. Note: You can assume the same facts from the previous assignments.

Hypothetical Scenario
Facts
You are the “Privacy Official” (“PO”) for ABC Hospital. ABC Hospital is located in the state of Arizona. As the PO, part of your job description is to investigate and respond to potential breach incidents to determine if ABC Hospital has breached patient health information (“PHI”) under federal law (“HIPAA”) and Arizona state law.

On October 8, 2020, you receive a call from the manager of Pigglee Wigglee grocery store in Walla Walla, Washington. The manager explains that one of her staff members found a thumb drive in the cereal aisle. The manager thinks the thumb drive may belong to ABC hospital. She explains that she put the thumb drive into her computer and found what appeared to be the medical records of patients from ABC hospital.

You arrange to have the Pigglee Wigglee manager securely mail the thumb drive back to your attention. On October 10, 2020, you receive the thumb drive and review the contents. Upon review, you confirm the thumb drive contains the PHI of 623 ABC Hospital cancer patients.

Upon further investigation, you have determined that the thumb drive belongs to a Dr. Schmidlap. Dr. Schmidlap is an oncologist employed by ABC hospital. After interviewing Dr. Schmidlap, you learn he was on vacation with his family in Walla Walla. He explains that he went to buy groceries for his family and recalls grabbing a grocery list out of his pocket. He admits that he had a thumb drive in his possession containing ABC hospital patient information. He further explains that he was intending to do some work remotely while he had some downtime with his family. He apologizes for what happened and thinks that he must have set thumb drive down and forgot to put it back in his pocket as he did later realize he was not able to find it.

Assumptions
Assume you discover the following information for each patient from your review of the files:

Patient Name
Patient Address
Patient DOB
Patient Account
Patient SS #
Physician Progress Notes
Nursing Notes
Treatment Plan
Diagnosis of Cancer
Medical imaging and lab results
Assignment Instructions
Assume you have concluded this incident to be a HITECH breach. Further assume you have made the appropriate notifications, and resolved the matter with OCR’s investigation.

Write a 3-5 page essay explaining what steps you would take as the PO to mitigate the risk of thumb drive misplacement by ABC Hospital employees in the future to prevent a similar occurrence.
Include the following in your response:

Describe specific mitigation strategies you would deploy in the organization.
Identify, for each strategy, which aspect of the “Golden Triangle” it addresses (e.g., People, Place, Technology).
Criteria For the Assignment Paper:
Includes Main Elements, Integration and Application, Critical Thinking, Written Communication

Textbook:
Understanding Privacy and Data Protection: What You Need to Know By: T. J. Toohey
ISBN-13: 978-0314291943
Toohey Text:
Chapter 11: Privacy and Data Security in Action
Chapter 10: Privacy and Security Trends

Reference Articles:
– Social Engineering
https://www.knowbe4.com/what-is-social-engineering/
– Spear Phishing
https://www.knowbe4.com/spear-phishing/

– CEO Fraud
https://www.knowbe4.com/ceo-fraud
– Password Setting Tips
https://www.connectsafely.org/wp-content/uploads/Tips-for-Strong-Secure-Passwords.pdf

Attached Lecture PPT For Reference
– Please look at beginning of Module 7 on p. 91 of the PDF slides.

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The CBA between Knights Manufacturing and Blue United was coming to an end and negotiations had begun prior to its expiration date of September 30, 2019. An agreement could not be reached before that date, so negotiations continued, and the expired contract was extended until the new CBA took effect.

During the negotiations, the union asked for the Friday after Thanksgiving to be designated as a holiday. The old contract included 10 holidays, and this would increase the total to 11. The company countered that with adding the Friday after Thanksgiving, but removing the Columbus Day holiday, keeping the total number of holidays at 10. The union accepted this exchange and the new contract was ratified on November 5, 2019. The parties agreed that the effective date of the contract would be retroactive to the day after the previous contract expired, October 1, 2019.

The company did not pay employees holiday pay for Columbus Day 2019 and the union filed a grievance against Knights Manufacturing stating that because the contingent agreement was in effect at the time of the holiday, employees should have been paid for the holiday.

The company responded that all holidays, including the new Friday after Thanksgiving holiday, were paid in accordance with the ratified contract.

The grievance was sent to an arbitrator.

Please provide your answer to each question below in one to two paragraphs. Please note: do not copy the questions – this will increase your similarity. Just use the headings to organize your responses:

Date: On which date should the arbitrator put more focus: ratification date or effective date? Why?
Holidays: How does the retroactive date affect the holidays?
Proof: Does the burden of proof lie with the union or the company? Why?
Grievance: Should the grievance be upheld or denied? Why?
Language: Why is clear and unambiguous language important in writing a contract, and how does it affect arbitration?

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Scenario

You are the Chief Executive Officer [CEO] of a health services organization. This organization has inpatient and outpatient facilities, home healthcare services, and other services that meet your patient population’s needs. It also has a world-renowned AIDS treatment center. The organization has always enjoyed an excellent reputation and its quality of care is known to be excellent.

Unfortunately, your organization has recently been featured in every media vehicle known to man. The reason: Someone downloaded the names of 4,000 HIV+ patients seen in your HIV clinic and posted the list on the Internet.

The Board of Trustees is furious and wants to fire you. You have been able to convince them that they need to keep you as CEO to fix this major crisis. You hire a computer security consultant who comes into your organization, disguised as a nurse manager. After three days, she comes to you with the following report.

Nurses log in to the computer system with their passwords and then walk away, leaving the system open and running.
Dr. Jones leaves his password taped to his PC on a piece of paper.
Fax machines and printers are in open rooms without locks.
One password can access the entire database in the hospital including human resources.
There are no programs reminding staff to change their passwords on a regular basis.
She pretended to forget her password and other nurses gave her their password.
She requested sensitive patient files and staff provided her with the files without question.

Assignment Requirements

Your paper should be clear, concise, and 4 double-spaced pages (excluding a title page and a reference page) in 12-font. Only the first 4 pages of your assignment will be graded, so it is important to be concise in your writing and remain on-topic.

You do not need to provide an abstract or describe any of the details of the scenario provided above.

You must address the following:

A brief assessment of the problems that your organization faces from a ‘big picture’ health care management point of view. This should be a high-level overview of the category/categories of problems that your organization currently faces. Some “big picture” managerial competencies to consider include ethics, organizational design, teamwork, managing resources, planning, decision making, leadership, motivation, change management, and communication. (1-page maximum)
An overview of key laws, regulations, and guidelines that are relevant to the scenario. Be sure to support your assessment with examples of why you believe each law, regulation, and/or guideline is relevant. (1-page maximum)
The identification of 2 similar situations that have occurred within the health care industry in recent years. A brief explanation of how the identified organizations handled the crisis and an assessment of whether this approach would work for your organization. (1-page maximum)
An explanation of how your organization could best handle this crisis. (1-page maximum)
You are required to:

Utilize a minimum of four references. Resources used to support your findings should use a variety of information types including interviews, expert opinions, journal articles, and newspaper articles.
Provide a reference list in APA format.
Use in-text citations in APA format.

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Fill in the attached Chart and answering the following questions For the Discussion:
Discuss and complete the Exercise 25-1 Chart:

Exercise 25-1 Template: Exercise 25-1 Chart.docx

NOTE: I would suggest that you create a shared document using the Exercise 25-1 Chart, so that you can all work on it together.

Chapter 25 provides important information for approaching contracts. It picks up on themes that the book has touched on repeatedly: money, risk, control, standards, and endgame. Here, however, they are woven together into a framework that you can use as a way of thinking about the business issues of contracts.

The exercises generally work best if Groups work on each sentence in the exercise chart in a methodical way. Does this sentence raise money issues? Does it raise risk issues? This methodology forces you to think through each sentence and its potential issue(s). This may seem quite mechanical and not “real world” because who is going to make a chart for every sentence in a 200-page contract? Absolutely no one! But the purpose of the framework in this assignment is to give you a tool to use until finding business issues becomes “a sixth sense.” Another approach may be to assign half the group the role of “Broker” and the other half the role of “Client” and see what each side comes up with to evaluate.

Additionally, to help figure out the standards column issues, which are often tricky, focus on each word or phrase in a sentence separately. Here’s an example:

I grant Best the exclusive right to act as broker for the sale of my apartment for a three-month period (the “Brokerage Period”) beginning the day you countersign this letter agreement.

(a) Best is a defined term – a standard.

(b) What does exclusive mean? Does it mean the only broker or the
only person? How does that work in locales where real
properties are listed on a multiple-listing service?

(c) What does it mean to act as broker? What obligations does the
broker have? None are stated.

Furthermore, some business issues relate to more than one prong of the framework, and some may not fit into the framework at all. The framework is only
a tool and it can take the analysis only so far.

Lastly, recognizing that students come to this course with various levels of experience in “business”–no experience at all to expert–this is a group assignment so the more expert business practitioners can assist the less expert in completing the chart. Also, to aid in getting juices flowing, here is an article on broker terms:

A Word With Many Meanings – The New York Times.pdf’ (Reference Article)

Textbook:
Drafting Contracts: How & Why Lawyers Do What They Do , Second Edition (Aspen Coursebook) 2nd Edition, Tina L. Stark.
ISBN: 978-0735594777

Read Ch’s For Reference:
Chapter 23: A Potpourri of Other Drafting Considerations
Chapter 25: Adding Value to the Deal
Chapter 30: Ethical Issues in Drafting

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Please filled in the attached Chart and answer the questions:
Please read the Boilerplate Chart Word document:

Considering Boilerplate Provisions.docx
Read the instructions and complete the full chart on your own. Then, pick ONE boilerplate provision to compose your Discussion Board post using the following format:

1. Choose (only) ONE Boilerplate Provision to post to your Group Discussion Board;
2. Post the Description (the one provided in the chart);
3. Post the Seller’s Concerns with the Boilerplate Provision under the given facts;
4. Post the Buyer’s Concerns with the Boilerplate Provision under the given facts;
5. Post a draft of the revised Boilerplate Provision in accordance with a party’s concerns.

Textbook:
Drafting Contracts: How & Why Lawyers Do What They Do , Second Edition (Aspen Coursebook) 2nd Edition, Tina L. Stark.
ISBN: 978-0735594777

Read the Stark Textbook Ch’s For Reference:
Chapter 23: A Potpourri of Other Drafting Considerations
Chapter 25: Adding Value to the Deal
Chapter 30: Ethical Issues in Drafting

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The research paper will be written on some aspect of supply chain management. A 10-12 page (excluding appendices, table of contents, abstract, reference, and bibliography) research paper (case study) is required. This paper will be prepared consistent with the current APA Manual and will have a minimum of ten different references (No Wiki’s or Pedia’s).

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I want to see your research on this topic, laying out the positives and negatives, the benefits and the costs, and the point where government offering incentives to companies no longer makes sense. Why should the government decide which companies will receive hundreds of millions of dollars and other companies receive nothing? Is this corporate welfare and does the average taxpayer benefit from the government giving away billions of dollars to private companies?

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I want to see your research on this topic, laying out the positives and negatives, the benefits and the costs, and the point where government offering incentives to companies no longer makes sense. Why should the government decide which companies will receive hundreds of millions of dollars and other companies receive nothing? Is this corporate welfare and does the average taxpayer benefit from the government giving away billions of dollars to private companies?

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INSTRUCTIONS FOR FINAL PROJECT AGREEMENT:

The Final Project Agreement requires you to finish the draft contract started by the artist, Anna Claire (Document: Draft PPA).
Below are two memos from her law firm giving the development of the deal facts over the term of the negotiations (Documents: PPA Deal Terms Memo #1 and PPA New Deal Terms Memo #2). Read those first.
In this scenario, you will take the perspective that you are or work for Anna Claire, the artist, as you review, analyze and complete the final agreement. This means that you may draft terms seemingly more favorable to Anna Claire, however you must remain cognizant of the fact that the other party, Arthur Cole Lector, may not sign a contract that is too favorable to Anna Clair.
In addition, in drafting the Draft PPA, Anna relied on precedent she found, namely the Leaf Disposal Services Agreement, which is provided simply for your reference.
Your Final Agreement can be no more than 10 pages. To earn maximum points, compare your final and complete agreement to the requirements of the rubric (…which coincidentally is a “checklist” you can use for this contract review assignment and beyond!)

Attached (Required Doc for drafting this Final Project Agreement)
-PPA Deal Terms Memo #1.pdf
-PPA New Deal Terms Memo #2.pdf
-Leaf Disposal Services Precedent.pdf
-Draft PPA.doc
-Rubric.PPA.FINAL.doc

Criteria For the Final Project Paper:
– TITLE
Appropriate for subject matter.
Not too general or too specific.
Not too long.
Initial caps of key words.
Centered; boldfaced.
– PREAMBLE
Nicknames for parties are same level of generality.
Nicknames are placed in appropriate place in sentence.
Full names of agreement and parties are correct.
State of incorporation or residence included.
If address included for one party, then address included for other parts.
– RECITALS/BACKGROUND
No covenants or other substantive provisions.
Puts Agreement in context; doesn’t say too much.
– WORDS OF AGREEMENT
No archaic language.
Short and sweet “Accordingly, the parties agree as follows:”
– DEFINITIONS
Not circular; generally doesn’t use the word itself to define the word.
No covenants; each definition is a declaration only.
More than just the dictionary definition of a word.
Makes sense; doesn’t define word in way so different from ordinary meaning that Reader gets confused.
Terms that need to be defined are defined, especially if need to clarify that parties agree to a particular meaning.
Nice balance between definitions in Definitions section and cross-references to in-text definitions.
Eliminates need to repeat a long group of words each time.
Verb is “means” or “includes…but does not include…”.
– ACTION SECTIONS/SUBJECT MATTER PERFORMANCE PROVISION/PAYMENTS/TERM/CLOSING
Subject Matter Performance Provision contains Seller’s main covenant and Buyer’s main covenant and also mentions the purchase price.
Term has start and end dates and mentions possible extension or early termination, if appropriate. Also contains cross-references to appropriate sections.
Closing section describes where and when
Closing Deliveries must be delivered at the Closing and mentions consequences for failure to deliver.
Monetary Provisions (Who pays what to whom? When? How?).
Organized chronologically, or by subject matter in decreasing order of importance (could be a mixture of both), or is organized in some other logical way.
– DEAL TERMS TRANSLATED INTO CONTRACT CONCEPTS
Uses correct verbs to indicate covenants, reps and warranties, conditions precedent, discretionary authority;
Appropriately translates terms of deal into contract concepts;
Demonstrates clear understanding of each contract concept.
– SIGNATURE LINES
Uses correct full names of parties.
Formatted properly. Not on page by themselves.
– CONTRACT LANGUAGE: Plain English, Proofreading and Typographical Errors, Punctuation
Is presented as a polished product (no grammatical, mechanical, typographical errors)
Agreement is written in plain English.
AVOID LANGUAGE ISSUES:

Archaic/elevated language
Legalese
Wordiness
Choppy prose
Passive voice
Awkward phrases or sentences
Inconsistency
Vagueness
Ambiguity
Omission of articles (“a,” “an,” and “the”)
Wrong Verb tenses
Use of nominalizations instead of strong verbs
Double negatives
Dangling modifiers
Covenant language needed/not needed
Discretionary authority language needed/not needed
Condition precedent language needed/not needed
Dual verbs (pick one)
Dual adjectives (pick one)
Wrong preposition choice
Sentence fragments
Run-on
Faulty parallel structure
Inappropriate tone
AVOID PROOFREADING ERRORS AND TYPOGRAPHICAL ERRORS.

Missing words
Extra words
Missing word endings
Spell Check errors

AVOID PUNCTUATION ISSUES.

Commas in the wrong place
Semicolons used incorrectly
Colons used incorrectly
Periods missing
Tabulations punctuated improperly
– CONTRACT GENERALLY/ISSUES SPECIFIC TO THIS CONTRACT/FORMAT
Accurately embodies negotiated terms, including endgame provisions.
Do the parts of the Agreement regarding the car sale, the timeline, the payments to the Seller, and attachments work well together? (Could a fresh Reader understand what is going on?)
Covers all relevant facts.
Uses headings to create clear roadmap.
Is well organized; easy to follow.
Makes all parts work well together; accurate cross-references.
Allows defined terms to do their work.
Demonstrates thoughtful drafting; precise, unambiguous.
Follows House Purchase Agreement.
Gives every article, section, and subsection an appropriate heading.
Uses readable typeface.

Textbook:
Drafting Contracts: How & Why Lawyers Do What They Do , Second Edition (Aspen Coursebook) 2nd Edition, Tina L. Stark.
ISBN: 978-0735594777

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DIRECTIONS:
Using the provided document:
Redraft the “Termination” provision below using contemporary commercial drafting practices we have reviewed in this course.
On the next page following the redrafted Termination provision, prepare a list explaining at least three (3) significant choices you made with either formatting or a substantive provision(s) using your knowledge of contemporary commercial drafting in your redraft. Your choices must be supported by reference to textbook materials.

– A Termination Provision Exercise Document (Attached)

Textbook: (Mandatory Reference Ch 16 General Provision, 26-27 Organizing a Contract and Its Provisions + The Drafting Process)

Drafting Contracts: How & Why Lawyers Do What They Do , Second Edition (Aspen Coursebook) 2nd Edition, Tina L. Stark.
ISBN: 978-0735594777

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