WEEK 2 DISCUSSION
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Galen College of Nursing *
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4400
Subject
Law
Date
Feb 20, 2024
Type
docx
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1
Uploaded by Kareberry218
In this scenario, Cockerell was offered a payment of $1000 under the condition of exclusively using a specific taxi company at his hotel. I believe accepting such an offer would constitute an unfair trade practice. According to the Cambridge Dictionary of American English, a "kickback" refers to an illicit payment made in secret to someone in exchange for their assistance or services. An example of an organization involved in a kickback scandal is Davita Dialysis Clinics. In 2014, Davita Dialysis Clinics was ordered to pay $350 million to settle claims that it violated the False Claims Act by offering kickbacks to incentivize patient referrals to its clinics. The Department of Justice stated that "DaVita identified physicians or physician groups that had significant patient populations suffering renal disease and offered them lucrative opportunities to partner with DaVita" (2014). This incident had a detrimental impact on the public's perception of the company. The fact that DaVita actively sought out doctors or practices with large groups of renal disease patients speaks to their character and values, in my opinion. They could have attracted patients without resorting to kickbacks by implementing one of Cockerell's leadership strategies (2008) from the beginning. I believe that following the settlement, DaVita had to undergo significant cultural changes within the organization. In my current facility, there is a policy in place that restricts individuals from accepting gifts valued at more than $25. While companies have provided lunches for the entire staff, my manager explains that it does not violate the policy because it is given to the entire unit. Managing kickbacks can be more challenging than anticipated, as many dealings occur in secrecy. In the medical field, kickbacks are closely monitored, especially in relation to Medicaid and Medicare. I would like to trust that my facility does not engage in any form of kickbacks due to the ethical and moral dilemmas associated with such practices.
References
Cockerell, L. (2008).
Creating magic: 10 common sense leadership strategies
from a life at Disney.
New York, NY: Doubleday Publishing Group/Random House, Inc.
Landau, S. I. (2000). Cambridge Dictionary of American English. In Cambridge University Press eBooks
. http://ci.nii.ac.jp/ncid/BA44227572
Office of Public Affairs. (2014). Department of Justice.
DaVita to pay $350 million to resolve allegations of illegal kickbacks.
https://www.justice.gov/opa/pr/davita-pay-350-million-resolve-
allegations-illegal-kickbacks
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