Sunday, February 14, 2016

Role of governmental regulatory agencies and its effect on the healthcare industry

Write a 1,400- to 1,750-word paper in which you explain the role of governmental regulatory agencies and its effect on the healthcare industry. Provide at least two examples of laws and regulations currently faced by the health care industry. Examples of such laws may include access to care, discrimination, healthcare privacy and security, employment, and so on. Include your analysis of the effect of these laws on the provider, hospital or clinic, or insurer that you select. Provide examples and specific cases in your examination. Include ways that you have seen this effect in your own life or community.
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Write a 1,400- to 1,750-word paper on a current health care situation

Write a 1,400- to 1,750-word paper on a current health care situation. For example, common issues might include one of the following: physician or employee with a conflict of interest, health care fraud and abuse, medical error, quality of care issues, aging in America, privacy issues selling names, losing patient information, or health care coverage for indigent or noncitizens.
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Candidates are required to write 2000 words answering both problem questions

Candidates are required to write 2000 words answering both problem questions. Your argument, must be supported by appropriate references. References must be cited in Harvard referencing style (eg Smith 1992) .
Question 1 (10 marks)
Lance was riding his bike along a pathway that followed the edge of the Parramatta River in Western Sydney. Lance was an experienced cyclist. Last Saturday he was towards the end of a 30 km ride, which he was undertaking with his wife, Cadella. The path that Lance was riding on included a road crossing, at a street called Macquarie Avenue. The pathway ran downhill as it approached Macquarie Avenue. Lance braked as he got to the bottom of the hill and looked left and right to see if there were any cars on the road. As there was no traffic, he proceeded across Macquarie Avenue to the pathway leading into the park on the other side of the road. It so happened that Parramatta Local Council had strung a chain across the pathway at the entrance to the park on the other side of the road. Lance did not see the chain until he was about 10-12 feet away from it. He braked, but not in sufficient time to stop before colliding with the chain. He skidded, and the front wheel of his bike caught in the chain. He was catapulted over the handlebars, landing on his head.
Lance was unable to estimate the speed that he was going at the point of collision with the chain. He said he braked as he came to the bottom of the hill. Lance had cycled this particular route the previous Sunday, but there was no chain across the entrance to the park at that time. The chain had been placed across the pathway two days before the accident to stop cars from entering the park illegally. It was painted grey, the same colour as the footpath. Lance understands that part of being an experienced cyclist was appreciating the environment in which the ride was taking place.
An aspect of that appreciation was recognising that conditions sometimes change. Lance also understood that if he had been riding “a bit slower” the chances were he would have “been able to stop before the chain”. A couple of minutes later, Cadella arrived at the scene of the accident to see her husband sprawled on the ground. The scene was horrific. Her husband was on the ground unconscious, and he had blood pouring out of a deep cut in his head. Lance was in hospital for a number of weeks after the accident, and it was only after the first week that Cadella thought he was going to survive. As a result, Cadella suffered nervous shock.
Explain what action or actions Lance and Cadella could bring against Parramatta Council. Do not discuss damages.
Question 2 (10 Marks)
Andrew always gets his car repaired at Smith’s Auto. He has been going there for 7 years and takes his car there for repairs and service about twice a year. As he enters the door of Smiths’ there is a sign on the wall behind the counter that says, ‘All vehicles are accepted for repair subject to the terms and conditions appearing in our invoice’. The sign is on white paper (A4) with Black writing, next to it are numerous advertisements for products sold at Smith’s auto. Andrew never read the sign, he always dropped off his car on his way to work and was in a hurry.
When he returned to pick up his car the attendant would hand him an ‘invoice’ to sign. This had his name on it, the details of the car and the work done. The invoice stated:
The customer acknowledges that the agreed repair work has been satisfactorily performed.
Smith’s Auto regrets that no responsibility can be accepted for damage or loss caused to the customer’s cars by fire, theft or otherwise.
On the occasion in question Andrew left his car for some repair work to be done and followed the usual routine set out above. When he returned to pick it up the next morning he signed the invoice as above and went out into the yard to collect his car. To his shock he found that the GPS navigation system fitted to the car was missing and the car clearly showed signs of being in an accident.
The evidence shows that overnight thieves had broken into Smith’s Auto and stolen the GPS system from the car. Andrew’s car was not locked, however, Smith’s Auto was locked and the alarm was on but the thieves managed to disarm the alarm system and get past the locks: it was alleged it was an inside job but this could not be proven.
In addition, during the previous day the manager needed to go to a meeting. The car yard was full of cars that day that were in for repairs and he could not get his own car out without having to move many cars. Andrew’s car was over near the curb so he decided to take it to get to his meeting. By this time the repair work had been done and the manager thought it would be good to see how it was running before Andrew picked it up. He drove the car to his meeting and parked it outside the cafe where the meeting was being held.
While at the meeting someone ran into the car causing damage to the rear of the car. They then drove off and were never identified.

Andrew seeks your advice as to whether Smith would be protected by the clauses in the invoice if Andrew were to take action against Smith’s Auto. Answer this question by reference to general principles of common law. Do not consider any statutory provisions you might think relevant. 
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Austin, an Australian tax resident, runs small a business consultancy firm

Austin, an Australian tax resident, runs small a business consultancy firm, Biz Consult Ltd (not registered for GST) in Bathurst. He employed Henry on 1 July 2014 with a salary of $80,000 per annum. On 1 July 2014 Biz Consult were prepared to provide a new car valued at $40,000 as a benefit to Henry’s wife, Emma. Emma had wanted a more luxurious car costing $50,000. Emma negotiated with the car dealer to get a trade in on her car for $10,000. With both the trade in and the $40.000 from
Biz Consult she was able to get the car that she wanted for $50,000.
Henry and Emma have unrestricted use of the car which is parked in Henry’s garage. During the entire month of December 2014, Henry and his family were at the Gold Coast for a holiday. During this holiday period Emma’s $50,000 car was parked in Austin’s garage. Nobody used the car while it was parked in the garage. The car travelled 40,000 km from the period 1 July to 31 March 2015. From Henry’s records 4,000 km were business related. Henry contributed for petrol and oil amounting to $500 per month (including December 2014). This contribution was declared by Biz Consult Ltd.
The following costs were also incurred on the purchase and in operating the car:
Stamp duty on registration
Delivery charges
Registration for 12 months
Insurance for 12 months
Repair and maintenance (from 1 July to 31 March 2015)
GPS installed on 3 July $1,500
$2,000
$600
$1,200
$500
$3,000
On 1 March 2013 Austin purchased a Toyota Prado at a cost of $70,000 (assuming there is no entitlement to GST input tax credit) Austin recorded the car travel in a log book and worked out that 80% of the car was used for business purpose.
He depreciated the car using the diminishing value method at 15% based on an effective life of 10 years. Austin disposed of the Toyota Prado on 30 April 2015 for $40,000.
During the year ended 30 June 2015 Austin received $2,000 fully franked dividends from Alpha Ltd. He received gross rental income of $20,800 and paid $800 for fire insurance, $1,000 for rates and $1,456 to the property manager. He is servicing a mortgage amounting to $450 per week on the property of which $400 is for interest and $50 is a principal repayment.
Required
1. Calculate Biz Consult Ltd’s FBT liability for the year ending 31 March 2015. What options are available to Austin to legally maximise the tax advantage arising from the car benefit offered to Henry.
2. Calculate Biz Consult Ltd’s assessable income for the year ending 30 June 2015.

You are required to cite the relevant legislation and case law
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Evaluation of Macroeconomic performance of Australia and USA.

Evaluation of Macroeconomic performance of Australia and USA.
Task Details: Students will complete a research-based analysis and evaluation of the
macroeconomic performance of Australia and the United States of America (USA) from 1990 to 2013/14.
Students will follow this procedure:
(1) Obtain data on key macroeconomic indicators: real GDP, interest rates, unemployment rate, CPI, exchange rate, exports and imports.
(2) Produce tables and graphs of real GDP growth rates, inflation rates, unemployment rates, exchange rates interest rates and rate of change of NX.
(3) Use the information obtained in (1) and (2) above to answer the following question:
(a) How is real GDP growth related to the other indicators in each country? Explain.
(b) Briefly comment on the correlation between interest rate and inflation and interest rate and unemployment?
(c) Are the macroeconomic indicators of Australia and the US correlated with each other? Explain
(d) In which country has monetary policy been tighter in the past decade, the US or Australia?
(e) Write a short prediction of the macroeconomic outlook each country. Which of the two countries, Australia or USA, is more likely to experience a recession or expansion soon?

Research requirements: Students need to support their analysis with a minimum of 10 academic journal articles plus the text. Students aiming for a Credit or higher grade will need to use more sources. Articles should be relevant and recent. Non-academic journal sources may also be used, but relevant and validity should be clarified with the lecturer/tutor. 
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Trop Nosh Pty Ltd has been operating a chain of fast food restaurants

Trop Nosh Pty Ltd has been operating a chain of fast food restaurants
(named ‘Trop Nosh’) in Darwin for 15 years. Trop Nosh makes and serves various combinations of fried chicken, chicken burgers, chips and salad wrap express meals for walkin customers. Over the last 10 years, Trop Nosh has successfully developed and promoted a renowned menu item, its Sichuan-style spicy chicken burger called the “Sichuan Burger” (sold and served in a bright red box with the black letters “TNSB” on the top of the box lid). The “Sichuan Burger” is a well–known local product in Darwin (popular with some tourists who are told by locals to try it when they visit Darwin).
For the month of August 2015, Trop Nosh stores advertised a ‘special customer deal’ where customers who purchased a ‘maxi-size’ value meal (ie, a burger/wrap and large chips with a large drink) could also purchase a ‘mini-music player’ for just a dollar ($1). Some customers visited Trop Nosh’s restaurant in response to the advertising campaign and inquired about the offer – it seems that some customers thought they could buy a cheap MP3 player. In fact, Trop Nosh was offering small pocket radios for $1 as part of the ‘special customer deal’ (Trop Nosh’s Managing Director has previously stated that he thought that the advertisement was reasonable because “radios can play music”). Trop Nosh obtained (imported) the pocket radios from a Brazilian manufacturer at a discounted price (Trop Nosh had nothing to do with their manufacture or assembly). Unfortunately, several customers who took up the deal later complained of minor injuries sustained by using the pocket radios. It appears that a manufacturing defect caused some of the radios to overheat and produce minor scalding (small burns) when the radio came into contact with the user’s skin.
Trop Nosh has a new competitor in Darwin, Captain Chicken Pty Ltd (‘CC’) which just opened three stores located near each of Trop Nosh’s stores. In early August 2015, Trop Nosh’s Managing Director was approached by the CEO of CC. CC’s CEO asked Trop Nosh’s Managing Director if he would be prepared to agree that both Trop Nosh and CC increase their existing prices by 10% during lunch hours (12noon to 2pm) on weekdays
(Monday to Friday). Trop Nosh’s Managing Director agreed with CC’s request and implemented the arrangement immediately.
In late August 2015, Trop Nosh’s Managing Director became aware of a new CC menu item advertised in Darwin’s media and sold in CC’s outlets, called the “Tropical Sichuan Burger” (also a Sichuan-style spicy chicken burger), which is sold and served in bright red paper bearing the black letters “TSB”). Trop Nosh’s business has suffered a slight downturn in the last couple of weeks and Trop Nosh’s Managing Director thinks that this is because CC’s new burger is taking customers away from Trop Nosh.

Task: By reference to the Competition and Consumer Act 2010 (Cth), Australian intellectual property law and associated case law, advise Trop Nosh - and its Managing Director personally where relevant - as to their respective legal positions in respect of the above matters. Your advice should address any potential breaches of the law and the consequences. If more information is required to provide complete advice, state what that information is and why it is relevant.
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