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    [>Criminal homework help](https://www.sweetstudy.com/fields/law-criminal) **files (2)** – ## AnnotatedBibliography.docx – ## week8.docx **## AnnotatedBibliography.docx** **Drug Testing in Law Enforcement** Bharat, C., Webb, P., Wilkinson, Z., McKetin, R., Grebely, J., Farrell, M., Holland, A., Hickm…

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    [>Criminal homework help](https://www.sweetstudy.com/fields/law-criminal)

    **files (2)**

    – ## AnnotatedBibliography.docx

    – ## week8.docx

    **## AnnotatedBibliography.docx**

    **Drug Testing in Law Enforcement**

    Bharat, C., Webb, P., Wilkinson, Z., McKetin, R., Grebely, J., Farrell, M., Holland, A., Hickman, M., Lucy Thi Tran, Clark, B., Peacock, A., Darke, S., Li, J.-H., & Degenhardt, L. (2023). Agreement between self‐reported illicit drug use and biological samples: a systematic review and meta‐analysis.
    _Addiction_,
    _118_(9), 1624–1648.
    [https://doi.org/10.1111/add.16200](https://doi.org/10.1111/add.16200)

    This study is valuable since it is directly related to the reliability of drug testing in the professional environment. This will be the context I draw from for explaining the rationale behind the importance of biological versus self-reports for assessing officer fitness for duty by law enforcement agencies. This study also aids with accuracy and accountability in public safety employment arguments.

    Mordechai-Strongin, B. (2023). Giving the Fourth Amendment Meaning: Creating an Adversarial Warrant Proceeding to Protect From Unreasonable Searches and Seizures.
    _University of Michigan Journal of Law Reform_,
    _56_(3), 951–988.
    [https://doi.org/10.36646/mjlr.56.3.giving](https://doi.org/10.36646/mjlr.56.3.giving)

    Mordechai-Strongin (2023) discusses Fourth Amendment issues pertaining to drug testing and searches. The article covers the constitutional safeguards and suggests constitutional protections and safeguards for matters related to fair drug testing procedures. This source is important for my research because it has a direct relationship between the policies of drug testing and the legal aspects of the Constitution. I will use it to undertake my discussion on the standard for “reasonableness” as applied to workplace drug testing in the legal workplace of law enforcement officers.

    U. S. Equal Employment Opportunity Commission (n.d).
    [_Title VII of the Civil Rights Act of 1964._](https://www.dol.gov/agencies/oasam/centers-offices/civil-rights-center/statutes/title-vii-civil-rights-act-of-1964)

    The EEOC offers guidance regarding the Civil Rights Act of 1964 (Title VII) and its implications for workplace discrimination, such as drug testing policies. This source provides guidance for employers to avoid discriminatory practices and unequal treatment due to drug testing. I will draw information from this source in my discussion of ethical and legal compliance of agency drug testing programs. It has important uses for police procedures, EEO, and fairness, particularly in government agencies.

    Helander, A., & Sparring, F. (2025). Workplace Drug Testing—Prevalence of Positive Test Results, Most Common Substances, and Importance of Medical Review.
    _Drug Testing and Analysis_.
    [https://doi.org/10.1002/dta.3863](https://doi.org/10.1002/dta.3863)

    Helander and Sparring (2025) review the readily available data on the prevalence of positive drug tests in the workplace, the predominant drugs found, and how this is utilized by a medical review officer (MRO) to interpret the results. The research identified that a proportion of workplace testing was positive (relatively small positive sample), with the substances of cannabis, amphetamines, cocaine, and benzodiazepines being considered prevalent in this sample. Importantly, the authors are reminded of all the positive outcomes which may be associated with legally prescribed drugs, which require medical review prior to taking disciplinary or employment decisions. I will use this study to demonstrate the need to have a work ethic without being unconcerned with the fairness issues and the context of the medical field, particularly in safety jobs like law enforcement. It also enhances my media literacy on issues of legal and ethical problems with false assumptions and the importance of formal review procedures.

    **## week8.docx**

    1

    5

    525 discussions 300 words

    Make sure you answer all of the questions:

    1. Should American jurisdictions follow the example of Britain's "parenting orders" and provide juvenile courts with legal options for both holding parents responsible for their children's behavior and for providing parents with opportunities to improve their parenting skills? What are some of the pros and cons of doing so?

    2. The practice of detaining criminal suspects at police stations rather than at regular detention centers is quite controversial. According to the "Reform in Japan: Suspect Rights", a new law will not abolish the substitute prison system, but it will require the separation of the investigating officers from those who supervise the detainees. It also calls for the establishment of citizen and lawyer panels to which detainees can bring complaints about their treatment.

    Discuss whether you think this is a problem or an overblown reaction, and if it is, whether the proposed changes will make the system more acceptable.

    Textbook

    Reichel, P. L. (2017). Comparative Criminal Justice Systems (7th ed.). Pearson Education (US).
    [https://ccis.vitalsource.com/books/9780134548470](https://ccis.vitalsource.com/books/9780134548470)

    525 dropbox

    Dropbox assignments are between 300-500 words and written in the
    [APA format](https://apastyle.apa.org/style-grammar-guidelines/paper-format). Submissions are not to exceed 550 words.

    1. Review the speech; "
    [What’s Next for the Youth Justice System?](https://www.gov.uk/government/speeches/what-next-for-the-youth-justice-system)," by Keith Fraser of the Local Government Association in London, which provides more information about the future of the youth justice system in the UK.

    Chapter 9 of the textbook (an International Perspective on Juvenile Justice, page 258) reviews the Continuum of Juvenile Justice Models presented for New Zealand, Italy, China, England, and Wales.

    Select the model that you think provides the most effective intervention and sets the best stage for sustained change among that country's system-involved youth.

    Provide an analytical review of your chosen model and defend your decision about why you think it is the best. Your review should be two to three paragraphs in length and include specific examples.

    As you are being asked to write an opinion, the use of first-person language is appropriate.

    2. Some Chinese courts are beginning to take a young person’s character into account when dealing with delinquency cases. Read "
    [New Practices for Juvenile Delinquency Cases in China](http://www.china.org.cn/english/China/69959.htm)”.

    Write a paragraph summarizing how this is a change for Chinese courts.

    Links

    https://www.gov.uk/government/speeches/what-next-for-the-youth-justice-system

    http://www.china.org.cn/english/China/69959.htm

    530 d1 350 words

    Doctors disclose and lawyers disclose. Should law enforcement members be required to disclose complaints lodged against them even if they are exonerated?  Why or why not?  For management context, review
    [“Building Trust between the Police and the Citizens They Serve.”](https://portal.cops.usdoj.gov/resourcecenter/RIC/Publications/cops-w0724-pub.pdf) Assess it in detail, commenting also on any issues of privacy, possible defamation, or potential federal civil rights crimes/torts from the course readings that appear concerning to you. Discuss fully, demonstrating your knowledge of the readings.

    All discussions must include at least one reference to course materials and at least two other legal references
    _._

    https://portal.cops.usdoj.gov/resourcecenter/RIC/Publications/cops-w0724-pub.pdf

    530 d2 350 words

    Please review the websites and video provided in the Week 8 Instructional Materials that details the USERRA. What are employees’ or applicant’s rights attendant to this law?

    What can happen to management that fails to abide by this law?  Discuss fully, demonstrating your knowledge of the readings.

    Research and describe some cases that may be pertinent to this law. Be detailed in your response and provide citations.

    https://www.youtube.com/watch?v=nz3eAt-ad7E&t=4s

    [https://www.youtube.com/watch?v=clYoX7rsxLQ](https://www.youtube.com/watch?v=clYoX7rsxLQ)

    530 research paper (will upload previous work)

    **Topic :Drug Testing in Law Enforcement.**

    My research topic of choice is Drug Testing in Law Enforcement. I selected this topic because there are so many duties and responsibilities that the ones entrusted with the roles of the law enforcement must carry out such as professionalism – to maintain and exercise good judgement and accountability in all they do. Police officers enforce the law; carry weapons; make decisions that will have an impact on the safety of the public, whether it is an altercation and/or a more complex situation. So, they absolutely need to be physically and mentally fit to serve. Drug testing policies have therefore been put in place in many law enforcement agencies in the United States.

    For my research paper, I will be looking at the legal, ethical, and Constitutional aspects related to drug testing in law enforcement jobs (Bharat et al., 2023). Drug testing programs may lead to concerns about the Fourth Amendment, particularly with respect to the unreasonable aspects of a search or seizure. Several types of random drug testing, pre-employment drug testing, and mandatory testing after incidents are explored, given privacy rights and government authority are considered (Mordechai-Strongin, 2023).

    I also want to look at what some of the courts have said on the issue of drug testing when involving LEAs. Today, policies adopted by agencies are a result of, and directly influenced by, court decisions, especially the kind of testing that is deemed reasonable under the law (Mordechai-Strongin, 2023). In addition, I would like to look at the differences between agencies at the federal, state, and local levels of government and how union employment policies and the employment code affect these policies.

    An area that I would like to further delve into is the effect of drug testing on officer accountability, the culture of the workplace, and the level of trust that exists between the people of the school district and the officers of the law (U. S. Equal Employment Opportunity Commission, n.d). Everyone has a right to the law and expects officers to act responsibly, and drug-testing policies can help build trust in the system. But these policies should also be fair and recognize legal employees' rights.

    Overall, I think this topic is important because it shows how the governments of individuals and businesses will need to balance public safety, employee rights to privacy, and the Constitution while operating their businesses. In conducting this research, I hope to better understand the legal and ethical questions that arise in relation to drug testing in criminal justice agencies of research.

    References

    Bharat, C., Webb, P., Wilkinson, Z., McKetin, R., Grebely, J., Farrell, M., Holland, A., Hickman, M., Lucy Thi Tran, Clark, B., Peacock, A., Darke, S., Li, J.-H., & Degenhardt, L. (2023). Agreement between self‐reported illicit drug use and biological samples: a systematic review and meta‐analysis.
    _Addiction_,
    _118_(9), 1624–1648.
    [https://doi.org/10.1111/add.16200](https://doi.org/10.1111/add.16200)

    Mordechai-Strongin, B. (2023). Giving the Fourth Amendment Meaning: Creating an Adversarial Warrant Proceeding to Protect From Unreasonable Searches and Seizures.
    _University of Michigan Journal of Law Reform_,
    _56_(3), 951–988.
    [https://doi.org/10.36646/mjlr.56.3.giving](https://doi.org/10.36646/mjlr.56.3.giving)

    U. S. Equal Employment Opportunity Commission (n.d).
    [_Title VII of the Civil Rights Act of 1964._](https://www.dol.gov/agencies/oasam/centers-offices/civil-rights-center/statutes/title-vii-civil-rights-act-of-1964)

    For the final paper, write 2500 – 3000 words of analysis. This is about ten to twelve pages in length, not counting cover, abstract, or reference pages. The final paper must include one reference to course materials and at least five outside sources cited and referenced properly following the most recent edition of APA style. Focus on peer-reviewed, scholarly sources. Three of these outside sources must be examples of case law that examines the same or similar legal issues, with proper legal citations. The most recent edition of APA format is also required for fonts, margins, and spacing. Graduate-level written work is required.

    **## week8.docx**

    1

    5

    525 discussions 300 words

    Make sure you answer all of the questions:

    1. Should American jurisdictions follow the example of Britain's "parenting orders" and provide juvenile courts with legal options for both holding parents responsible for their children's behavior and for providing parents with opportunities to improve their parenting skills? What are some of the pros and cons of doing so?

    2. The practice of detaining criminal suspects at police stations rather than at regular detention centers is quite controversial. According to the "Reform in Japan: Suspect Rights", a new law will not abolish the substitute prison system, but it will require the separation of the investigating officers from those who supervise the detainees. It also calls for the establishment of citizen and lawyer panels to which detainees can bring complaints about their treatment.

    Discuss whether you think this is a problem or an overblown reaction, and if it is, whether the proposed changes will make the system more acceptable.

    Textbook

    Reichel, P. L. (2017). Comparative Criminal Justice Systems (7th ed.). Pearson Education (US).
    [https://ccis.vitalsource.com/books/9780134548470](https://ccis.vitalsource.com/books/9780134548470)

    525 dropbox

    Dropbox assignments are between 300-500 words and written in the
    [APA format](https://apastyle.apa.org/style-grammar-guidelines/paper-format). Submissions are not to exceed 550 words.

    1. Review the speech; "
    [What’s Next for the Youth Justice System?](https://www.gov.uk/government/speeches/what-next-for-the-youth-justice-system)," by Keith Fraser of the Local Government Association in London, which provides more information about the future of the youth justice system in the UK.

    Chapter 9 of the textbook (an International Perspective on Juvenile Justice, page 258) reviews the Continuum of Juvenile Justice Models presented for New Zealand, Italy, China, England, and Wales.

    Select the model that you think provides the most effective intervention and sets the best stage for sustained change among that country's system-involved youth.

    Provide an analytical review of your chosen model and defend your decision about why you think it is the best. Your review should be two to three paragraphs in length and include specific examples.

    As you are being asked to write an opinion, the use of first-person language is appropriate.

    2. Some Chinese courts are beginning to take a young person’s character into account when dealing with delinquency cases. Read "
    [New Practices for Juvenile Delinquency Cases in China](http://www.china.org.cn/english/China/69959.htm)”.

    Write a paragraph summarizing how this is a change for Chinese courts.

    Links

    https://www.gov.uk/government/speeches/what-next-for-the-youth-justice-system

    http://www.china.org.cn/english/China/69959.htm

    530 d1 350 words

    Doctors disclose and lawyers disclose. Should law enforcement members be required to disclose complaints lodged against them even if they are exonerated?  Why or why not?  For management context, review
    [“Building Trust between the Police and the Citizens They Serve.”](https://portal.cops.usdoj.gov/resourcecenter/RIC/Publications/cops-w0724-pub.pdf) Assess it in detail, commenting also on any issues of privacy, possible defamation, or potential federal civil rights crimes/torts from the course readings that appear concerning to you. Discuss fully, demonstrating your knowledge of the readings.

    All discussions must include at least one reference to course materials and at least two other legal references
    _._

    https://portal.cops.usdoj.gov/resourcecenter/RIC/Publications/cops-w0724-pub.pdf

    530 d2 350 words

    Please review the websites and video provided in the Week 8 Instructional Materials that details the USERRA. What are employees’ or applicant’s rights attendant to this law?

    What can happen to management that fails to abide by this law?  Discuss fully, demonstrating your knowledge of the readings.

    Research and describe some cases that may be pertinent to this law. Be detailed in your response and provide citations.

    https://www.youtube.com/watch?v=nz3eAt-ad7E&t=4s

    [https://www.youtube.com/watch?v=clYoX7rsxLQ](https://www.youtube.com/watch?v=clYoX7rsxLQ)

    530 research paper (will upload previous work)

    **Topic :Drug Testing in Law Enforcement.**

    My research topic of choice is Drug Testing in Law Enforcement. I selected this topic because there are so many duties and responsibilities that the ones entrusted with the roles of the law enforcement must carry out such as professionalism – to maintain and exercise good judgement and accountability in all they do. Police officers enforce the law; carry weapons; make decisions that will have an impact on the safety of the public, whether it is an altercation and/or a more complex situation. So, they absolutely need to be physically and mentally fit to serve. Drug testing policies have therefore been put in place in many law enforcement agencies in the United States.

    For my research paper, I will be looking at the legal, ethical, and Constitutional aspects related to drug testing in law enforcement jobs (Bharat et al., 2023). Drug testing programs may lead to concerns about the Fourth Amendment, particularly with respect to the unreasonable aspects of a search or seizure. Several types of random drug testing, pre-employment drug testing, and mandatory testing after incidents are explored, given privacy rights and government authority are considered (Mordechai-Strongin, 2023).

    I also want to look at what some of the courts have said on the issue of drug testing when involving LEAs. Today, policies adopted by agencies are a result of, and directly influenced by, court decisions, especially the kind of testing that is deemed reasonable under the law (Mordechai-Strongin, 2023). In addition, I would like to look at the differences between agencies at the federal, state, and local levels of government and how union employment policies and the employment code affect these policies.

    An area that I would like to further delve into is the effect of drug testing on officer accountability, the culture of the workplace, and the level of trust that exists between the people of the school district and the officers of the law (U. S. Equal Employment Opportunity Commission, n.d). Everyone has a right to the law and expects officers to act responsibly, and drug-testing policies can help build trust in the system. But these policies should also be fair and recognize legal employees' rights.

    Overall, I think this topic is important because it shows how the governments of individuals and businesses will need to balance public safety, employee rights to privacy, and the Constitution while operating their businesses. In conducting this research, I hope to better understand the legal and ethical questions that arise in relation to drug testing in criminal justice agencies of research.

    References

    Bharat, C., Webb, P., Wilkinson, Z., McKetin, R., Grebely, J., Farrell, M., Holland, A., Hickman, M., Lucy Thi Tran, Clark, B., Peacock, A., Darke, S., Li, J.-H., & Degenhardt, L. (2023). Agreement between self‐reported illicit drug use and biological samples: a systematic review and meta‐analysis.
    _Addiction_,
    _118_(9), 1624–1648.
    [https://doi.org/10.1111/add.16200](https://doi.org/10.1111/add.16200)

    Mordechai-Strongin, B. (2023). Giving the Fourth Amendment Meaning: Creating an Adversarial Warrant Proceeding to Protect From Unreasonable Searches and Seizures.
    _University of Michigan Journal of Law Reform_,
    _56_(3), 951–988.
    [https://doi.org/10.36646/mjlr.56.3.giving](https://doi.org/10.36646/mjlr.56.3.giving)

    U. S. Equal Employment Opportunity Commission (n.d).
    [_Title VII of the Civil Rights Act of 1964._](https://www.dol.gov/agencies/oasam/centers-offices/civil-rights-center/statutes/title-vii-civil-rights-act-of-1964)

    For the final paper, write 2500 – 3000 words of analysis. This is about ten to twelve pages in length, not counting cover, abstract, or reference pages. The final paper must include one reference to course materials and at least five outside sources cited and referenced properly following the most recent edition of APA style. Focus on peer-reviewed, scholarly sources. Three of these outside sources must be examples of case law that examines the same or similar legal issues, with proper legal citations. The most recent edition of APA format is also required for fonts, margins, and spacing. Graduate-level written work is required.

    **## AnnotatedBibliography.docx**

    **Drug Testing in Law Enforcement**

    Bharat, C., Webb, P., Wilkinson, Z., McKetin, R., Grebely, J., Farrell, M., Holland, A., Hickman, M., Lucy Thi Tran, Clark, B., Peacock, A., Darke, S., Li, J.-H., & Degenhardt, L. (2023). Agreement between self‐reported illicit drug use and biological samples: a systematic review and meta‐analysis.
    _Addiction_,
    _118_(9), 1624–1648.
    [https://doi.org/10.1111/add.16200](https://doi.org/10.1111/add.16200)

    This study is valuable since it is directly related to the reliability of drug testing in the professional environment. This will be the context I draw from for explaining the rationale behind the importance of biological versus self-reports for assessing officer fitness for duty by law enforcement agencies. This study also aids with accuracy and accountability in public safety employment arguments.

    Mordechai-Strongin, B. (2023). Giving the Fourth Amendment Meaning: Creating an Adversarial Warrant Proceeding to Protect From Unreasonable Searches and Seizures.
    _University of Michigan Journal of Law Reform_,
    _56_(3), 951–988.
    [https://doi.org/10.36646/mjlr.56.3.giving](https://doi.org/10.36646/mjlr.56.3.giving)

    Mordechai-Strongin (2023) discusses Fourth Amendment issues pertaining to drug testing and searches. The article covers the constitutional safeguards and suggests constitutional protections and safeguards for matters related to fair drug testing procedures. This source is important for my research because it has a direct relationship between the policies of drug testing and the legal aspects of the Constitution. I will use it to undertake my discussion on the standard for “reasonableness” as applied to workplace drug testing in the legal workplace of law enforcement officers.

    U. S. Equal Employment Opportunity Commission (n.d).
    [_Title VII of the Civil Rights Act of 1964._](https://www.dol.gov/agencies/oasam/centers-offices/civil-rights-center/statutes/title-vii-civil-rights-act-of-1964)

    The EEOC offers guidance regarding the Civil Rights Act of 1964 (Title VII) and its implications for workplace discrimination, such as drug testing policies. This source provides guidance for employers to avoid discriminatory practices and unequal treatment due to drug testing. I will draw information from this source in my discussion of ethical and legal compliance of agency drug testing programs. It has important uses for police procedures, EEO, and fairness, particularly in government agencies.

    Helander, A., & Sparring, F. (2025). Workplace Drug Testing—Prevalence of Positive Test Results, Most Common Substances, and Importance of Medical Review.
    _Drug Testing and Analysis_.
    [https://doi.org/10.1002/dta.3863](https://doi.org/10.1002/dta.3863)

    Helander and Sparring (2025) review the readily available data on the prevalence of positive drug tests in the workplace, the predominant drugs found, and how this is utilized by a medical review officer (MRO) to interpret the results. The research identified that a proportion of workplace testing was positive (relatively small positive sample), with the substances of cannabis, amphetamines, cocaine, and benzodiazepines being considered prevalent in this sample. Importantly, the authors are reminded of all the positive outcomes which may be associated with legally prescribed drugs, which require medical review prior to taking disciplinary or employment decisions. I will use this study to demonstrate the need to have a work ethic without being unconcerned with the fairness issues and the context of the medical field, particularly in safety jobs like law enforcement. It also enhances my media literacy on issues of legal and ethical problems with false assumptions and the importance of formal review procedures.

    **## week8.docx**

    1

    5

    525 discussions 300 words

    Make sure you answer all of the questions:

    1. Should American jurisdictions follow the example of Britain's "parenting orders" and provide juvenile courts with legal options for both holding parents responsible for their children's behavior and for providing parents with opportunities to improve their parenting skills? What are some of the pros and cons of doing so?

    2. The practice of detaining criminal suspects at police stations rather than at regular detention centers is quite controversial. According to the "Reform in Japan: Suspect Rights", a new law will not abolish the substitute prison system, but it will require the separation of the investigating officers from those who supervise the detainees. It also calls for the establishment of citizen and lawyer panels to which detainees can bring complaints about their treatment.

    Discuss whether you think this is a problem or an overblown reaction, and if it is, whether the proposed changes will make the system more acceptable.

    Textbook

    Reichel, P. L. (2017). Comparative Criminal Justice Systems (7th ed.). Pearson Education (US).
    [https://ccis.vitalsource.com/books/9780134548470](https://ccis.vitalsource.com/books/9780134548470)

    525 dropbox

    Dropbox assignments are between 300-500 words and written in the
    [APA format](https://apastyle.apa.org/style-grammar-guidelines/paper-format). Submissions are not to exceed 550 words.

    1. Review the speech; "
    [What’s Next for the Youth Justice System?](https://www.gov.uk/government/speeches/what-next-for-the-youth-justice-system)," by Keith Fraser of the Local Government Association in London, which provides more information about the future of the youth justice system in the UK.

    Chapter 9 of the textbook (an International Perspective on Juvenile Justice, page 258) reviews the Continuum of Juvenile Justice Models presented for New Zealand, Italy, China, England, and Wales.

    Select the model that you think provides the most effective intervention and sets the best stage for sustained change among that country's system-involved youth.

    Provide an analytical review of your chosen model and defend your decision about why you think it is the best. Your review should be two to three paragraphs in length and include specific examples.

    As you are being asked to write an opinion, the use of first-person language is appropriate.

    2. Some Chinese courts are beginning to take a young person’s character into account when dealing with delinquency cases. Read "
    [New Practices for Juvenile Delinquency Cases in China](http://www.china.org.cn/english/China/69959.htm)”.

    Write a paragraph summarizing how this is a change for Chinese courts.

    Links

    https://www.gov.uk/government/speeches/what-next-for-the-youth-justice-system

    http://www.china.org.cn/english/China/69959.htm

    530 d1 350 words

    Doctors disclose and lawyers disclose. Should law enforcement members be required to disclose complaints lodged against them even if they are exonerated?  Why or why not?  For management context, review
    [“Building Trust between the Police and the Citizens They Serve.”](https://portal.cops.usdoj.gov/resourcecenter/RIC/Publications/cops-w0724-pub.pdf) Assess it in detail, commenting also on any issues of privacy, possible defamation, or potential federal civil rights crimes/torts from the course readings that appear concerning to you. Discuss fully, demonstrating your knowledge of the readings.

    All discussions must include at least one reference to course materials and at least two other legal references
    _._

    https://portal.cops.usdoj.gov/resourcecenter/RIC/Publications/cops-w0724-pub.pdf

    530 d2 350 words

    Please review the websites and video provided in the Week 8 Instructional Materials that details the USERRA. What are employees’ or applicant’s rights attendant to this law?

    What can happen to management that fails to abide by this law?  Discuss fully, demonstrating your knowledge of the readings.

    Research and describe some cases that may be pertinent to this law. Be detailed in your response and provide citations.

    https://www.youtube.com/watch?v=nz3eAt-ad7E&t=4s

    [https://www.youtube.com/watch?v=clYoX7rsxLQ](https://www.youtube.com/watch?v=clYoX7rsxLQ)

    530 research paper (will upload previous work)

    **Topic :Drug Testing in Law Enforcement.**

    My research topic of choice is Drug Testing in Law Enforcement. I selected this topic because there are so many duties and responsibilities that the ones entrusted with the roles of the law enforcement must carry out such as professionalism – to maintain and exercise good judgement and accountability in all they do. Police officers enforce the law; carry weapons; make decisions that will have an impact on the safety of the public, whether it is an altercation and/or a more complex situation. So, they absolutely need to be physically and mentally fit to serve. Drug testing policies have therefore been put in place in many law enforcement agencies in the United States.

    For my research paper, I will be looking at the legal, ethical, and Constitutional aspects related to drug testing in law enforcement jobs (Bharat et al., 2023). Drug testing programs may lead to concerns about the Fourth Amendment, particularly with respect to the unreasonable aspects of a search or seizure. Several types of random drug testing, pre-employment drug testing, and mandatory testing after incidents are explored, given privacy rights and government authority are considered (Mordechai-Strongin, 2023).

    I also want to look at what some of the courts have said on the issue of drug testing when involving LEAs. Today, policies adopted by agencies are a result of, and directly influenced by, court decisions, especially the kind of testing that is deemed reasonable under the law (Mordechai-Strongin, 2023). In addition, I would like to look at the differences between agencies at the federal, state, and local levels of government and how union employment policies and the employment code affect these policies.

    An area that I would like to further delve into is the effect of drug testing on officer accountability, the culture of the workplace, and the level of trust that exists between the people of the school district and the officers of the law (U. S. Equal Employment Opportunity Commission, n.d). Everyone has a right to the law and expects officers to act responsibly, and drug-testing policies can help build trust in the system. But these policies should also be fair and recognize legal employees' rights.

    Overall, I think this topic is important because it shows how the governments of individuals and businesses will need to balance public safety, employee rights to privacy, and the Constitution while operating their businesses. In conducting this research, I hope to better understand the legal and ethical questions that arise in relation to drug testing in criminal justice agencies of research.

    References

    Bharat, C., Webb, P., Wilkinson, Z., McKetin, R., Grebely, J., Farrell, M., Holland, A., Hickman, M., Lucy Thi Tran, Clark, B., Peacock, A., Darke, S., Li, J.-H., & Degenhardt, L. (2023). Agreement between self‐reported illicit drug use and biological samples: a systematic review and meta‐analysis.
    _Addiction_,
    _118_(9), 1624–1648.
    [https://doi.org/10.1111/add.16200](https://doi.org/10.1111/add.16200)

    Mordechai-Strongin, B. (2023). Giving the Fourth Amendment Meaning: Creating an Adversarial Warrant Proceeding to Protect From Unreasonable Searches and Seizures.
    _University of Michigan Journal of Law Reform_,
    _56_(3), 951–988.
    [https://doi.org/10.36646/mjlr.56.3.giving](https://doi.org/10.36646/mjlr.56.3.giving)

    U. S. Equal Employment Opportunity Commission (n.d).
    [_Title VII of the Civil Rights Act of 1964._](https://www.dol.gov/agencies/oasam/centers-offices/civil-rights-center/statutes/title-vii-civil-rights-act-of-1964)

    For the final paper, write 2500 – 3000 words of analysis. This is about ten to twelve pages in length, not counting cover, abstract, or reference pages. The final paper must include one reference to course materials and at least five outside sources cited and referenced properly following the most recent edition of APA style. Focus on peer-reviewed, scholarly sources. Three of these outside sources must be examples of case law that examines the same or similar legal issues, with proper legal citations. The most recent edition of APA format is also required for fonts, margins, and spacing. Graduate-level written work is required.

    **## AnnotatedBibliography.docx**

    **Drug Testing in Law Enforcement**

    Bharat, C., Webb, P., Wilkinson, Z., McKetin, R., Grebely, J., Farrell, M., Holland, A., Hickman, M., Lucy Thi Tran, Clark, B., Peacock, A., Darke, S., Li, J.-H., & Degenhardt, L. (2023). Agreement between self‐reported illicit drug use and biological samples: a systematic review and meta‐analysis.
    _Addiction_,
    _118_(9), 1624–1648.
    [https://doi.org/10.1111/add.16200](https://doi.org/10.1111/add.16200)

    This study is valuable since it is directly related to the reliability of drug testing in the professional environment. This will be the context I draw from for explaining the rationale behind the importance of biological versus self-reports for assessing officer fitness for duty by law enforcement agencies. This study also aids with accuracy and accountability in public safety employment arguments.

    Mordechai-Strongin, B. (2023). Giving the Fourth Amendment Meaning: Creating an Adversarial Warrant Proceeding to Protect From Unreasonable Searches and Seizures.
    _University of Michigan Journal of Law Reform_,
    _56_(3), 951–988.
    [https://doi.org/10.36646/mjlr.56.3.giving](https://doi.org/10.36646/mjlr.56.3.giving)

    Mordechai-Strongin (2023) discusses Fourth Amendment issues pertaining to drug testing and searches. The article covers the constitutional safeguards and suggests constitutional protections and safeguards for matters related to fair drug testing procedures. This source is important for my research because it has a direct relationship between the policies of drug testing and the legal aspects of the Constitution. I will use it to undertake my discussion on the standard for “reasonableness” as applied to workplace drug testing in the legal workplace of law enforcement officers.

    U. S. Equal Employment Opportunity Commission (n.d).
    [_Title VII of the Civil Rights Act of 1964._](https://www.dol.gov/agencies/oasam/centers-offices/civil-rights-center/statutes/title-vii-civil-rights-act-of-1964)

    The EEOC offers guidance regarding the Civil Rights Act of 1964 (Title VII) and its implications for workplace discrimination, such as drug testing policies. This source provides guidance for employers to avoid discriminatory practices and unequal treatment due to drug testing. I will draw information from this source in my discussion of ethical and legal compliance of agency drug testing programs. It has important uses for police procedures, EEO, and fairness, particularly in government agencies.

    Helander, A., & Sparring, F. (2025). Workplace Drug Testing—Prevalence of Positive Test Results, Most Common Substances, and Importance of Medical Review.
    _Drug Testing and Analysis_.
    [https://doi.org/10.1002/dta.3863](https://doi.org/10.1002/dta.3863)

    Helander and Sparring (2025) review the readily available data on the prevalence of positive drug tests in the workplace, the predominant drugs found, and how this is utilized by a medical review officer (MRO) to interpret the results. The research identified that a proportion of workplace testing was positive (relatively small positive sample), with the substances of cannabis, amphetamines, cocaine, and benzodiazepines being considered prevalent in this sample. Importantly, the authors are reminded of all the positive outcomes which may be associated with legally prescribed drugs, which require medical review prior to taking disciplinary or employment decisions. I will use this study to demonstrate the need to have a work ethic without being unconcerned with the fairness issues and the context of the medical field, particularly in safety jobs like law enforcement. It also enhances my media literacy on issues of legal and ethical problems with false assumptions and the importance of formal review procedures.

    **## week8.docx**

    1

    5

    525 discussions 300 words

    Make sure you answer all of the questions:

    1. Should American jurisdictions follow the example of Britain's "parenting orders" and provide juvenile courts with legal options for both holding parents responsible for their children's behavior and for providing parents with opportunities to improve their parenting skills? What are some of the pros and cons of doing so?

    2. The practice of detaining criminal suspects at police stations rather than at regular detention centers is quite controversial. According to the "Reform in Japan: Suspect Rights", a new law will not abolish the substitute prison system, but it will require the separation of the investigating officers from those who supervise the detainees. It also calls for the establishment of citizen and lawyer panels to which detainees can bring complaints about their treatment.

    Discuss whether you think this is a problem or an overblown reaction, and if it is, whether the proposed changes will make the system more acceptable.

    Textbook

    Reichel, P. L. (2017). Comparative Criminal Justice Systems (7th ed.). Pearson Education (US).
    [https://ccis.vitalsource.com/books/9780134548470](https://ccis.vitalsource.com/books/9780134548470)

    525 dropbox

    Dropbox assignments are between 300-500 words and written in the
    [APA format](https://apastyle.apa.org/style-grammar-guidelines/paper-format). Submissions are not to exceed 550 words.

    1. Review the speech; "
    [What’s Next for the Youth Justice System?](https://www.gov.uk/government/speeches/what-next-for-the-youth-justice-system)," by Keith Fraser of the Local Government Association in London, which provides more information about the future of the youth justice system in the UK.

    Chapter 9 of the textbook (an International Perspective on Juvenile Justice, page 258) reviews the Continuum of Juvenile Justice Models presented for New Zealand, Italy, China, England, and Wales.

    Select the model that you think provides the most effective intervention and sets the best stage for sustained change among that country's system-involved youth.

    Provide an analytical review of your chosen model and defend your decision about why you think it is the best. Your review should be two to three paragraphs in length and include specific examples.

    As you are being asked to write an opinion, the use of first-person language is appropriate.

    2. Some Chinese courts are beginning to take a young person’s character into account when dealing with delinquency cases. Read "
    [New Practices for Juvenile Delinquency Cases in China](http://www.china.org.cn/english/China/69959.htm)”.

    Write a paragraph summarizing how this is a change for Chinese courts.

    Links

    https://www.gov.uk/government/speeches/what-next-for-the-youth-justice-system

    http://www.china.org.cn/english/China/69959.htm

    530 d1 350 words

    Doctors disclose and lawyers disclose. Should law enforcement members be required to disclose complaints lodged against them even if they are exonerated?  Why or why not?  For management context, review
    [“Building Trust between the Police and the Citizens They Serve.”](https://portal.cops.usdoj.gov/resourcecenter/RIC/Publications/cops-w0724-pub.pdf) Assess it in detail, commenting also on any issues of privacy, possible defamation, or potential federal civil rights crimes/torts from the course readings that appear concerning to you. Discuss fully, demonstrating your knowledge of the readings.

    All discussions must include at least one reference to course materials and at least two other legal references
    _._

    https://portal.cops.usdoj.gov/resourcecenter/RIC/Publications/cops-w0724-pub.pdf

    530 d2 350 words

    Please review the websites and video provided in the Week 8 Instructional Materials that details the USERRA. What are employees’ or applicant’s rights attendant to this law?

    What can happen to management that fails to abide by this law?  Discuss fully, demonstrating your knowledge of the readings.

    Research and describe some cases that may be pertinent to this law. Be detailed in your response and provide citations.

    https://www.youtube.com/watch?v=nz3eAt-ad7E&t=4s

    [https://www.youtube.com/watch?v=clYoX7rsxLQ](https://www.youtube.com/watch?v=clYoX7rsxLQ)

    530 research paper (will upload previous work)

    **Topic :Drug Testing in Law Enforcement.**

    My research topic of choice is Drug Testing in Law Enforcement. I selected this topic because there are so many duties and responsibilities that the ones entrusted with the roles of the law enforcement must carry out such as professionalism – to maintain and exercise good judgement and accountability in all they do. Police officers enforce the law; carry weapons; make decisions that will have an impact on the safety of the public, whether it is an altercation and/or a more complex situation. So, they absolutely need to be physically and mentally fit to serve. Drug testing policies have therefore been put in place in many law enforcement agencies in the United States.

    For my research paper, I will be looking at the legal, ethical, and Constitutional aspects related to drug testing in law enforcement jobs (Bharat et al., 2023). Drug testing programs may lead to concerns about the Fourth Amendment, particularly with respect to the unreasonable aspects of a search or seizure. Several types of random drug testing, pre-employment drug testing, and mandatory testing after incidents are explored, given privacy rights and government authority are considered (Mordechai-Strongin, 2023).

    I also want to look at what some of the courts have said on the issue of drug testing when involving LEAs. Today, policies adopted by agencies are a result of, and directly influenced by, court decisions, especially the kind of testing that is deemed reasonable under the law (Mordechai-Strongin, 2023). In addition, I would like to look at the differences between agencies at the federal, state, and local levels of government and how union employment policies and the employment code affect these policies.

    An area that I would like to further delve into is the effect of drug testing on officer accountability, the culture of the workplace, and the level of trust that exists between the people of the school district and the officers of the law (U. S. Equal Employment Opportunity Commission, n.d). Everyone has a right to the law and expects officers to act responsibly, and drug-testing policies can help build trust in the system. But these policies should also be fair and recognize legal employees' rights.

    Overall, I think this topic is important because it shows how the governments of individuals and businesses will need to balance public safety, employee rights to privacy, and the Constitution while operating their businesses. In conducting this research, I hope to better understand the legal and ethical questions that arise in relation to drug testing in criminal justice agencies of research.

    References

    Bharat, C., Webb, P., Wilkinson, Z., McKetin, R., Grebely, J., Farrell, M., Holland, A., Hickman, M., Lucy Thi Tran, Clark, B., Peacock, A., Darke, S., Li, J.-H., & Degenhardt, L. (2023). Agreement between self‐reported illicit drug use and biological samples: a systematic review and meta‐analysis.
    _Addiction_,
    _118_(9), 1624–1648.
    [https://doi.org/10.1111/add.16200](https://doi.org/10.1111/add.16200)

    Mordechai-Strongin, B. (2023). Giving the Fourth Amendment Meaning: Creating an Adversarial Warrant Proceeding to Protect From Unreasonable Searches and Seizures.
    _University of Michigan Journal of Law Reform_,
    _56_(3), 951–988.
    [https://doi.org/10.36646/mjlr.56.3.giving](https://doi.org/10.36646/mjlr.56.3.giving)

    U. S. Equal Employment Opportunity Commission (n.d).
    [_Title VII of the Civil Rights Act of 1964._](https://www.dol.gov/agencies/oasam/centers-offices/civil-rights-center/statutes/title-vii-civil-rights-act-of-1964)

    For the final paper, write 2500 – 3000 words of analysis. This is about ten to twelve pages in length, not counting cover, abstract, or reference pages. The final paper must include one reference to course materials and at least five outside sources cited and referenced properly following the most recent edition of APA style. Focus on peer-reviewed, scholarly sources. Three of these outside sources must be examples of case law that examines the same or similar legal issues, with proper legal citations. The most recent edition of APA format is also required for fonts, margins, and spacing. Graduate-level written work is required.

  • [Solved] law 8

    ✓ Verified Academic Solution Available

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    [>Criminal homework help](https://www.sweetstudy.com/fields/law-criminal) **files (1)** – ## law8.docx **## law8.docx** 530 final The Final Exam covers material from Weeks 5 – 8. The Final Exam is worth 200 points. You will have only one, two-hour timed-attempt to complete the exam. The exam consist…

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    [>Criminal homework help](https://www.sweetstudy.com/fields/law-criminal)

    **files (1)**

    – ## law8.docx

    **## law8.docx**

    530 final

    The Final Exam covers material from Weeks 5 – 8. The Final Exam is worth 200 points. You will have only one, two-hour timed-attempt to complete the exam. The exam consists of 10 written-response questions. The expectation for an outstanding essay response is one full paragraph of about five sentences. Be brief and to the point. Excessively long or rambling responses are not acceptable. All work must be your own, with original thoughts and writing. Graduate-level written work is required.

    The Final Exam covers material from Weeks 5 – 8. The Final Exam is worth 200 points. You will have only one, two-hour timed-attempt to complete the exam. The exam consists of 10 written-response questions. The expectation for an outstanding essay response is one full paragraph of about five sentences. Be brief and to the point. Excessively long or rambling responses are not acceptable. All work must be your own, with original thoughts and writing. Graduate-level written work is required.

    https://library.ccis.edu/mscj530/welcome

    **## law8.docx**

    530 final

    The Final Exam covers material from Weeks 5 – 8. The Final Exam is worth 200 points. You will have only one, two-hour timed-attempt to complete the exam. The exam consists of 10 written-response questions. The expectation for an outstanding essay response is one full paragraph of about five sentences. Be brief and to the point. Excessively long or rambling responses are not acceptable. All work must be your own, with original thoughts and writing. Graduate-level written work is required.

    The Final Exam covers material from Weeks 5 – 8. The Final Exam is worth 200 points. You will have only one, two-hour timed-attempt to complete the exam. The exam consists of 10 written-response questions. The expectation for an outstanding essay response is one full paragraph of about five sentences. Be brief and to the point. Excessively long or rambling responses are not acceptable. All work must be your own, with original thoughts and writing. Graduate-level written work is required.

    https://library.ccis.edu/mscj530/welcome

  • [Solved] 525 law 8

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    [>Criminal homework help](https://www.sweetstudy.com/fields/law-criminal) **files (1)** – ## 525law8.docx **## 525law8.docx** 525 final The final exam is not proctored, covers material from Weeks 1-8, and consists of 10 short-answer questions worth 20 points each. Once started you have one (1) attem…

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    [>Criminal homework help](https://www.sweetstudy.com/fields/law-criminal)

    **files (1)**

    – ## 525law8.docx

    **## 525law8.docx**

    525 final

    The final exam is not proctored, covers material from Weeks 1-8, and consists of 10 short-answer questions worth 20 points each. Once started you have one (1) attempt and 120 minutes to complete the exam.

    Reichel, P. L. (2017). Comparative Criminal Justice Systems (7th ed.). Pearson Education (US). https://ccis.vitalsource.com/books/9780134548470

    **## 525law8.docx**

    525 final

    The final exam is not proctored, covers material from Weeks 1-8, and consists of 10 short-answer questions worth 20 points each. Once started you have one (1) attempt and 120 minutes to complete the exam.

    Reichel, P. L. (2017). Comparative Criminal Justice Systems (7th ed.). Pearson Education (US). https://ccis.vitalsource.com/books/9780134548470

  • [Solved] Week 3 Discussion Response- Law and Ethics in Healthcare

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    **files (2)** – ## Week3LearningResources-LawandEthicsinHealthcare.docx – ## Week3DiscussionResponse-LawandEthicsinHealthcare.docx **## Week3LearningResources-LawandEthicsinHealthcare.docx** **Law and Ethics in Healthcare** **Week 3 Learning Resources** **Required Reading** · Pozgar, G. D. (2023). _…

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    **files (2)**

    – ## Week3LearningResources-LawandEthicsinHealthcare.docx

    – ## Week3DiscussionResponse-LawandEthicsinHealthcare.docx

    **## Week3LearningResources-LawandEthicsinHealthcare.docx**

    **Law and Ethics in Healthcare**

    **Week 3 Learning Resources**

    **Required Reading**

    · Pozgar, G. D. (2023).
    _Legal and ethical issues for health professionals_ (6th ed.). Jones & Bartlett Learning.

    · Chapter 5, “Development of Law” (pp. 149–163)

    · Chapter 6, “Introduction to Law” (pp. 165–203)

    · Chapter 10, “Physician Ethics and the Law” (pp. 311–332)

    · National Association of Medicaid Fraud Control Units. (n.d.).
    [_About the Medicaid Fraud Control UnitsLinks to an external site._](https://www.naag.org/about-naag/namfcu/about-the-medicaid-fraud-control-units/) _._ https://www.naag.org/about-naag/namfcu/about-the-medicaid-fraud-control-units/

    · U.S. Department of Health and Human Services. (n.d.).
    [_Compliance 101Links to an external site._](https://oig.hhs.gov/reports-and-publications/featured-topics/ihs/training/compliance-101/content/) _._ https://oig.hhs.gov/reports-and-publications/featured-topics/ihs/training/compliance-101/content/#/

    **Required Media**

    · OIGatHHS. (2023, April 20).
    [_Inspector General Christi A. Grimm testifies before the subcommittee on oversight & investigationsLinks to an external site._](https://youtu.be/eBedCt5mYnY)[Video]. YouTube. https://youtu.be/eBedCt5mYnY

    **## Week3DiscussionResponse-LawandEthicsinHealthcare.docx**

    **Law and Ethics in Healthcare**

    **Week 3 Discussion Response**

    **Colleague 1**

    **Tia Sturdevant**

    **Healthcare Fraud and Illegal Distribution of Controlled Substances: The Case of Heather Marks**

    The case selected involves Heather Marks, a Tennessee Advanced Registered Nurse Practitioner who was convicted by a federal jury in June 2026 for conspiracy to illegally distribute controlled substances and multiple counts of illegal distribution of controlled substances. Marks worked at Lifeforce Pain and Wellness, a rural pain management clinic in Carthage, Tennessee, where she prescribed excessive amounts of highly addictive opioids, including oxycodone and oxymorphone, between 2016 and 2018. According to the U.S. Department of Justice (2026), Marks prescribed nearly one million opioid pills to approximately 1,000 patients, despite evidence that many patients were abusing illegal drugs or selling the prescribed medications on the street. The clinic became known as a source of opioids for individuals willing to travel long distances to obtain prescriptions.

    Several federal laws were implicated in this case. Most notably, the Controlled Substances Act (CSA) regulates the prescribing and distribution of controlled substances and requires practitioners to issue prescriptions only for legitimate medical purposes within the usual course of professional practice. Marks violated these standards by knowingly prescribing opioids to individuals who were abusing drugs or diverting them for illegal sale (U.S. Department of Justice, 2026). Additionally, healthcare providers have a legal duty to meet accepted standards of care and protect patients from foreseeable diversion; Marks failed to uphold these legal and professional obligations.

    The ramifications of this criminal conduct were significant for both the individuals and organizations involved. Marks was convicted of conspiracy to illegally distribute controlled substances and eight counts of illegal distribution. She faces a maximum sentence of 20 years in prison for each count of conviction, with sentencing scheduled for September 2026 (U.S. Department of Justice, 2026). The clinic's reputation was severely damaged, and the case likely resulted in increased scrutiny from federal and state regulators. Furthermore, the illegal prescribing practices contributed to the ongoing opioid epidemic, placing patients at increased risk for addiction, overdose, and death. The investigation involved multiple agencies, including the FBI, the Department of Health and Human Services Office of Inspector General (HHS-OIG), and the Tennessee Bureau of Investigation, demonstrating the collaborative effort required to combat healthcare fraud and abuse (U.S. Department of Justice, 2026).

    Several motivations may have contributed to criminal behavior in this case. Financial gain is often a primary motivator in healthcare fraud cases.  High patient volumes and continued prescribing may have generated substantial revenue for the clinic. Additionally, there may have been pressure to satisfy patients seeking opioids, regardless of medical necessity. This case highlights how healthcare professionals can misuse their authority and prescribing privileges when ethical standards are overshadowed by financial incentives or poor judgment. Such actions undermine public trust in healthcare providers and contribute to widespread public health concerns.

    Two ethical principles particularly relevant to this care are nonmaleficence and beneficence. Nonmaleficence requires healthcare professionals to avoid causing harm to patients. By prescribing dangerous quantities of opioids to individuals known to be abusing drugs or diverting medications, Marks violated this fundamental ethical obligation (Pozgar, 2023). Beneficence requires healthcare providers to act in the best interests of patients and promote their well-being. Rather than helping patients manage pain safely. Marks' actions exposed them to addiction, overdose, and other serious health risks. These ethical breaches demonstrate a failure to prioritize patient welfare over personal or organizational interests.

    Healthcare leaders can take several actions to prevent similar incidents from occurring. First, organizations should establish comprehensive corporate compliance programs that include written policies, regular audits, employee education, and reporting mechanisms for suspected misconduct. According to the U.S. Department of Health and Human Services Office of Inspector General (n.d.), an effective compliance program helps organizations prevent, detect, and correct violations of healthcare laws and regulations. Second, leaders should implement prescription monitoring practices and regularly review prescribing patterns to identify unusual activity. Third, organizations should foster an ethical culture that encourages accountability and transparency. Employees should feel comfortable reporting concerns without fear of retaliation. Finally, ongoing education regarding legal requirements, ethical responsibilities, and opioid prescribing guidelines can help providers make informed decisions and reduce the risk of misconduct.

    In conclusion, the Heather Marks case demonstrates the serious consequences of illegal opioid prescribing and the importance of strong compliance programs in healthcare organizations. Effective leadership, regulatory oversight, and ethical decision-making are essential to protecting patients and maintaining public trust in the healthcare system.

    References

    Pozgar, G. D. (2023).
    _Legal and ethical issues for health professionals_ (6th ed.). Jones & Bartlett Learning.

    National Association of Medicaid Fraud Control Units. (n.d.).
    _About the Medicaid Fraud Control Units_.
    [https://www.naag.org/about-naag/namfcu/about-the-medicaid-fraud-control-units/](https://www.naag.org/about-naag/namfcu/about-the-medicaid-fraud-control-units/)

    OIGatHHS. (2023, April 20).
    _Inspector General Christi A. Grimm testifies before the subcommittee on oversight & investigations_ [Video]. YouTube.
    [https://youtu.be/eBedCt5mYnY](https://youtu.be/eBedCt5mYnY)

    U.S. Department of Health and Human Services, Office of Inspector General. (n.d.).
    _Compliance 101_.
    [https://oig.hhs.gov/reports-and-publications/featured-topics/ihs/training/compliance-101/content/#/](https://oig.hhs.gov/reports-and-publications/featured-topics/ihs/training/compliance-101/content/)

    U.S. Department of Justice. (2026, June 2).
    _Nurse practitioner convicted for illegal distribution of controlled substances_. Department of Justice.
    [https://www.justice.gov/opa/pr/nurse-practitioner-convicted-illegal-distribution-controlled-substances](https://www.justice.gov/opa/pr/nurse-practitioner-convicted-illegal-distribution-controlled-substances)

    **Colleague 2**

    **Vazyria Brewster**

    The case I selected involves Admera Health, a clinical laboratory that agreed to pay more than $5 million to settle allegations that it violated the False Claims Act by paying illegal kickbacks to third-party marketers. According to the U.S. Department of Justice (2024), Admera allegedly compensated marketers based on the volume of referrals they generated for genetic testing services reimbursed by federal healthcare programs, including Medicare and Medicaid.

    The primary federal laws involved are the Anti-Kickback Statute (AKS) and the False Claims Act (FCA). The Anti-Kickback Statute prohibits offering or receiving compensation in exchange for referrals involving federally funded healthcare programs. The False Claims Act imposes liability on organizations that knowingly submit or cause the submission of false claims for payment to the government.

    The ramifications of this case were significant. Admera Health agreed to pay over $5 million to resolve the allegations, and the organization faced reputational harm, increased government oversight, and potential loss of trust among patients and healthcare partners. Cases such as this also require collaboration between federal and state agencies to investigate and recover improperly used healthcare funds.

    The likely motivation behind the misconduct was financial gain. By incentivizing marketers to increase referrals, Admera could generate additional revenue from genetic testing services. However, such practices can lead to unnecessary testing and increased healthcare costs.

    Two ethical principles that apply to this case are justice and integrity. Justice requires the fair use of healthcare resources, while integrity requires honesty and compliance with legal and professional standards.

    Healthcare leaders can help prevent similar issues by implementing strong compliance programs, providing regular ethics and legal training, conducting internal audits, and encouraging employees to report concerns through confidential reporting systems. These actions promote accountability and help protect patients and public resources.

    **References:**

    Pozgar, G. D. (2023).
    _Legal and ethical issues for health professionals_ (6th ed.). Jones & Bartlett Learning.

    U.S. Department of Justice. (2024).
    _Admera Health agrees to pay over $5M to settle False Claims Act allegations of kickbacks to third party marketers_.
    [https://www.justice.gov/archives/opa/pr/admera-health-agrees-pay-over-5m-settle-false-claims-act-allegations-kickbacks-third-party-marketers](https://www.justice.gov/archives/opa/pr/admera-health-agrees-pay-over-5m-settle-false-claims-act-allegations-kickbacks-third-party-marketers)

    **## Week3DiscussionResponse-LawandEthicsinHealthcare.docx**

    **Law and Ethics in Healthcare**

    **Week 3 Discussion Response**

    **Colleague 1**

    **Tia Sturdevant**

    **Healthcare Fraud and Illegal Distribution of Controlled Substances: The Case of Heather Marks**

    The case selected involves Heather Marks, a Tennessee Advanced Registered Nurse Practitioner who was convicted by a federal jury in June 2026 for conspiracy to illegally distribute controlled substances and multiple counts of illegal distribution of controlled substances. Marks worked at Lifeforce Pain and Wellness, a rural pain management clinic in Carthage, Tennessee, where she prescribed excessive amounts of highly addictive opioids, including oxycodone and oxymorphone, between 2016 and 2018. According to the U.S. Department of Justice (2026), Marks prescribed nearly one million opioid pills to approximately 1,000 patients, despite evidence that many patients were abusing illegal drugs or selling the prescribed medications on the street. The clinic became known as a source of opioids for individuals willing to travel long distances to obtain prescriptions.

    Several federal laws were implicated in this case. Most notably, the Controlled Substances Act (CSA) regulates the prescribing and distribution of controlled substances and requires practitioners to issue prescriptions only for legitimate medical purposes within the usual course of professional practice. Marks violated these standards by knowingly prescribing opioids to individuals who were abusing drugs or diverting them for illegal sale (U.S. Department of Justice, 2026). Additionally, healthcare providers have a legal duty to meet accepted standards of care and protect patients from foreseeable diversion; Marks failed to uphold these legal and professional obligations.

    The ramifications of this criminal conduct were significant for both the individuals and organizations involved. Marks was convicted of conspiracy to illegally distribute controlled substances and eight counts of illegal distribution. She faces a maximum sentence of 20 years in prison for each count of conviction, with sentencing scheduled for September 2026 (U.S. Department of Justice, 2026). The clinic's reputation was severely damaged, and the case likely resulted in increased scrutiny from federal and state regulators. Furthermore, the illegal prescribing practices contributed to the ongoing opioid epidemic, placing patients at increased risk for addiction, overdose, and death. The investigation involved multiple agencies, including the FBI, the Department of Health and Human Services Office of Inspector General (HHS-OIG), and the Tennessee Bureau of Investigation, demonstrating the collaborative effort required to combat healthcare fraud and abuse (U.S. Department of Justice, 2026).

    Several motivations may have contributed to criminal behavior in this case. Financial gain is often a primary motivator in healthcare fraud cases.  High patient volumes and continued prescribing may have generated substantial revenue for the clinic. Additionally, there may have been pressure to satisfy patients seeking opioids, regardless of medical necessity. This case highlights how healthcare professionals can misuse their authority and prescribing privileges when ethical standards are overshadowed by financial incentives or poor judgment. Such actions undermine public trust in healthcare providers and contribute to widespread public health concerns.

    Two ethical principles particularly relevant to this care are nonmaleficence and beneficence. Nonmaleficence requires healthcare professionals to avoid causing harm to patients. By prescribing dangerous quantities of opioids to individuals known to be abusing drugs or diverting medications, Marks violated this fundamental ethical obligation (Pozgar, 2023). Beneficence requires healthcare providers to act in the best interests of patients and promote their well-being. Rather than helping patients manage pain safely. Marks' actions exposed them to addiction, overdose, and other serious health risks. These ethical breaches demonstrate a failure to prioritize patient welfare over personal or organizational interests.

    Healthcare leaders can take several actions to prevent similar incidents from occurring. First, organizations should establish comprehensive corporate compliance programs that include written policies, regular audits, employee education, and reporting mechanisms for suspected misconduct. According to the U.S. Department of Health and Human Services Office of Inspector General (n.d.), an effective compliance program helps organizations prevent, detect, and correct violations of healthcare laws and regulations. Second, leaders should implement prescription monitoring practices and regularly review prescribing patterns to identify unusual activity. Third, organizations should foster an ethical culture that encourages accountability and transparency. Employees should feel comfortable reporting concerns without fear of retaliation. Finally, ongoing education regarding legal requirements, ethical responsibilities, and opioid prescribing guidelines can help providers make informed decisions and reduce the risk of misconduct.

    In conclusion, the Heather Marks case demonstrates the serious consequences of illegal opioid prescribing and the importance of strong compliance programs in healthcare organizations. Effective leadership, regulatory oversight, and ethical decision-making are essential to protecting patients and maintaining public trust in the healthcare system.

    References

    Pozgar, G. D. (2023).
    _Legal and ethical issues for health professionals_ (6th ed.). Jones & Bartlett Learning.

    National Association of Medicaid Fraud Control Units. (n.d.).
    _About the Medicaid Fraud Control Units_.
    [https://www.naag.org/about-naag/namfcu/about-the-medicaid-fraud-control-units/](https://www.naag.org/about-naag/namfcu/about-the-medicaid-fraud-control-units/)

    OIGatHHS. (2023, April 20).
    _Inspector General Christi A. Grimm testifies before the subcommittee on oversight & investigations_ [Video]. YouTube.
    [https://youtu.be/eBedCt5mYnY](https://youtu.be/eBedCt5mYnY)

    U.S. Department of Health and Human Services, Office of Inspector General. (n.d.).
    _Compliance 101_.
    [https://oig.hhs.gov/reports-and-publications/featured-topics/ihs/training/compliance-101/content/#/](https://oig.hhs.gov/reports-and-publications/featured-topics/ihs/training/compliance-101/content/)

    U.S. Department of Justice. (2026, June 2).
    _Nurse practitioner convicted for illegal distribution of controlled substances_. Department of Justice.
    [https://www.justice.gov/opa/pr/nurse-practitioner-convicted-illegal-distribution-controlled-substances](https://www.justice.gov/opa/pr/nurse-practitioner-convicted-illegal-distribution-controlled-substances)

    **Colleague 2**

    **Vazyria Brewster**

    The case I selected involves Admera Health, a clinical laboratory that agreed to pay more than $5 million to settle allegations that it violated the False Claims Act by paying illegal kickbacks to third-party marketers. According to the U.S. Department of Justice (2024), Admera allegedly compensated marketers based on the volume of referrals they generated for genetic testing services reimbursed by federal healthcare programs, including Medicare and Medicaid.

    The primary federal laws involved are the Anti-Kickback Statute (AKS) and the False Claims Act (FCA). The Anti-Kickback Statute prohibits offering or receiving compensation in exchange for referrals involving federally funded healthcare programs. The False Claims Act imposes liability on organizations that knowingly submit or cause the submission of false claims for payment to the government.

    The ramifications of this case were significant. Admera Health agreed to pay over $5 million to resolve the allegations, and the organization faced reputational harm, increased government oversight, and potential loss of trust among patients and healthcare partners. Cases such as this also require collaboration between federal and state agencies to investigate and recover improperly used healthcare funds.

    The likely motivation behind the misconduct was financial gain. By incentivizing marketers to increase referrals, Admera could generate additional revenue from genetic testing services. However, such practices can lead to unnecessary testing and increased healthcare costs.

    Two ethical principles that apply to this case are justice and integrity. Justice requires the fair use of healthcare resources, while integrity requires honesty and compliance with legal and professional standards.

    Healthcare leaders can help prevent similar issues by implementing strong compliance programs, providing regular ethics and legal training, conducting internal audits, and encouraging employees to report concerns through confidential reporting systems. These actions promote accountability and help protect patients and public resources.

    **References:**

    Pozgar, G. D. (2023).
    _Legal and ethical issues for health professionals_ (6th ed.). Jones & Bartlett Learning.

    U.S. Department of Justice. (2024).
    _Admera Health agrees to pay over $5M to settle False Claims Act allegations of kickbacks to third party marketers_.
    [https://www.justice.gov/archives/opa/pr/admera-health-agrees-pay-over-5m-settle-false-claims-act-allegations-kickbacks-third-party-marketers](https://www.justice.gov/archives/opa/pr/admera-health-agrees-pay-over-5m-settle-false-claims-act-allegations-kickbacks-third-party-marketers)

    **## Week3LearningResources-LawandEthicsinHealthcare.docx**

    **Law and Ethics in Healthcare**

    **Week 3 Learning Resources**

    **Required Reading**

    · Pozgar, G. D. (2023).
    _Legal and ethical issues for health professionals_ (6th ed.). Jones & Bartlett Learning.

    · Chapter 5, “Development of Law” (pp. 149–163)

    · Chapter 6, “Introduction to Law” (pp. 165–203)

    · Chapter 10, “Physician Ethics and the Law” (pp. 311–332)

    · National Association of Medicaid Fraud Control Units. (n.d.).
    [_About the Medicaid Fraud Control UnitsLinks to an external site._](https://www.naag.org/about-naag/namfcu/about-the-medicaid-fraud-control-units/) _._ https://www.naag.org/about-naag/namfcu/about-the-medicaid-fraud-control-units/

    · U.S. Department of Health and Human Services. (n.d.).
    [_Compliance 101Links to an external site._](https://oig.hhs.gov/reports-and-publications/featured-topics/ihs/training/compliance-101/content/) _._ https://oig.hhs.gov/reports-and-publications/featured-topics/ihs/training/compliance-101/content/#/

    **Required Media**

    · OIGatHHS. (2023, April 20).
    [_Inspector General Christi A. Grimm testifies before the subcommittee on oversight & investigationsLinks to an external site._](https://youtu.be/eBedCt5mYnY)[Video]. YouTube. https://youtu.be/eBedCt5mYnY

    **## Week3DiscussionResponse-LawandEthicsinHealthcare.docx**

    **Law and Ethics in Healthcare**

    **Week 3 Discussion Response**

    **Colleague 1**

    **Tia Sturdevant**

    **Healthcare Fraud and Illegal Distribution of Controlled Substances: The Case of Heather Marks**

    The case selected involves Heather Marks, a Tennessee Advanced Registered Nurse Practitioner who was convicted by a federal jury in June 2026 for conspiracy to illegally distribute controlled substances and multiple counts of illegal distribution of controlled substances. Marks worked at Lifeforce Pain and Wellness, a rural pain management clinic in Carthage, Tennessee, where she prescribed excessive amounts of highly addictive opioids, including oxycodone and oxymorphone, between 2016 and 2018. According to the U.S. Department of Justice (2026), Marks prescribed nearly one million opioid pills to approximately 1,000 patients, despite evidence that many patients were abusing illegal drugs or selling the prescribed medications on the street. The clinic became known as a source of opioids for individuals willing to travel long distances to obtain prescriptions.

    Several federal laws were implicated in this case. Most notably, the Controlled Substances Act (CSA) regulates the prescribing and distribution of controlled substances and requires practitioners to issue prescriptions only for legitimate medical purposes within the usual course of professional practice. Marks violated these standards by knowingly prescribing opioids to individuals who were abusing drugs or diverting them for illegal sale (U.S. Department of Justice, 2026). Additionally, healthcare providers have a legal duty to meet accepted standards of care and protect patients from foreseeable diversion; Marks failed to uphold these legal and professional obligations.

    The ramifications of this criminal conduct were significant for both the individuals and organizations involved. Marks was convicted of conspiracy to illegally distribute controlled substances and eight counts of illegal distribution. She faces a maximum sentence of 20 years in prison for each count of conviction, with sentencing scheduled for September 2026 (U.S. Department of Justice, 2026). The clinic's reputation was severely damaged, and the case likely resulted in increased scrutiny from federal and state regulators. Furthermore, the illegal prescribing practices contributed to the ongoing opioid epidemic, placing patients at increased risk for addiction, overdose, and death. The investigation involved multiple agencies, including the FBI, the Department of Health and Human Services Office of Inspector General (HHS-OIG), and the Tennessee Bureau of Investigation, demonstrating the collaborative effort required to combat healthcare fraud and abuse (U.S. Department of Justice, 2026).

    Several motivations may have contributed to criminal behavior in this case. Financial gain is often a primary motivator in healthcare fraud cases.  High patient volumes and continued prescribing may have generated substantial revenue for the clinic. Additionally, there may have been pressure to satisfy patients seeking opioids, regardless of medical necessity. This case highlights how healthcare professionals can misuse their authority and prescribing privileges when ethical standards are overshadowed by financial incentives or poor judgment. Such actions undermine public trust in healthcare providers and contribute to widespread public health concerns.

    Two ethical principles particularly relevant to this care are nonmaleficence and beneficence. Nonmaleficence requires healthcare professionals to avoid causing harm to patients. By prescribing dangerous quantities of opioids to individuals known to be abusing drugs or diverting medications, Marks violated this fundamental ethical obligation (Pozgar, 2023). Beneficence requires healthcare providers to act in the best interests of patients and promote their well-being. Rather than helping patients manage pain safely. Marks' actions exposed them to addiction, overdose, and other serious health risks. These ethical breaches demonstrate a failure to prioritize patient welfare over personal or organizational interests.

    Healthcare leaders can take several actions to prevent similar incidents from occurring. First, organizations should establish comprehensive corporate compliance programs that include written policies, regular audits, employee education, and reporting mechanisms for suspected misconduct. According to the U.S. Department of Health and Human Services Office of Inspector General (n.d.), an effective compliance program helps organizations prevent, detect, and correct violations of healthcare laws and regulations. Second, leaders should implement prescription monitoring practices and regularly review prescribing patterns to identify unusual activity. Third, organizations should foster an ethical culture that encourages accountability and transparency. Employees should feel comfortable reporting concerns without fear of retaliation. Finally, ongoing education regarding legal requirements, ethical responsibilities, and opioid prescribing guidelines can help providers make informed decisions and reduce the risk of misconduct.

    In conclusion, the Heather Marks case demonstrates the serious consequences of illegal opioid prescribing and the importance of strong compliance programs in healthcare organizations. Effective leadership, regulatory oversight, and ethical decision-making are essential to protecting patients and maintaining public trust in the healthcare system.

    References

    Pozgar, G. D. (2023).
    _Legal and ethical issues for health professionals_ (6th ed.). Jones & Bartlett Learning.

    National Association of Medicaid Fraud Control Units. (n.d.).
    _About the Medicaid Fraud Control Units_.
    [https://www.naag.org/about-naag/namfcu/about-the-medicaid-fraud-control-units/](https://www.naag.org/about-naag/namfcu/about-the-medicaid-fraud-control-units/)

    OIGatHHS. (2023, April 20).
    _Inspector General Christi A. Grimm testifies before the subcommittee on oversight & investigations_ [Video]. YouTube.
    [https://youtu.be/eBedCt5mYnY](https://youtu.be/eBedCt5mYnY)

    U.S. Department of Health and Human Services, Office of Inspector General. (n.d.).
    _Compliance 101_.
    [https://oig.hhs.gov/reports-and-publications/featured-topics/ihs/training/compliance-101/content/#/](https://oig.hhs.gov/reports-and-publications/featured-topics/ihs/training/compliance-101/content/)

    U.S. Department of Justice. (2026, June 2).
    _Nurse practitioner convicted for illegal distribution of controlled substances_. Department of Justice.
    [https://www.justice.gov/opa/pr/nurse-practitioner-convicted-illegal-distribution-controlled-substances](https://www.justice.gov/opa/pr/nurse-practitioner-convicted-illegal-distribution-controlled-substances)

    **Colleague 2**

    **Vazyria Brewster**

    The case I selected involves Admera Health, a clinical laboratory that agreed to pay more than $5 million to settle allegations that it violated the False Claims Act by paying illegal kickbacks to third-party marketers. According to the U.S. Department of Justice (2024), Admera allegedly compensated marketers based on the volume of referrals they generated for genetic testing services reimbursed by federal healthcare programs, including Medicare and Medicaid.

    The primary federal laws involved are the Anti-Kickback Statute (AKS) and the False Claims Act (FCA). The Anti-Kickback Statute prohibits offering or receiving compensation in exchange for referrals involving federally funded healthcare programs. The False Claims Act imposes liability on organizations that knowingly submit or cause the submission of false claims for payment to the government.

    The ramifications of this case were significant. Admera Health agreed to pay over $5 million to resolve the allegations, and the organization faced reputational harm, increased government oversight, and potential loss of trust among patients and healthcare partners. Cases such as this also require collaboration between federal and state agencies to investigate and recover improperly used healthcare funds.

    The likely motivation behind the misconduct was financial gain. By incentivizing marketers to increase referrals, Admera could generate additional revenue from genetic testing services. However, such practices can lead to unnecessary testing and increased healthcare costs.

    Two ethical principles that apply to this case are justice and integrity. Justice requires the fair use of healthcare resources, while integrity requires honesty and compliance with legal and professional standards.

    Healthcare leaders can help prevent similar issues by implementing strong compliance programs, providing regular ethics and legal training, conducting internal audits, and encouraging employees to report concerns through confidential reporting systems. These actions promote accountability and help protect patients and public resources.

    **References:**

    Pozgar, G. D. (2023).
    _Legal and ethical issues for health professionals_ (6th ed.). Jones & Bartlett Learning.

    U.S. Department of Justice. (2024).
    _Admera Health agrees to pay over $5M to settle False Claims Act allegations of kickbacks to third party marketers_.
    [https://www.justice.gov/archives/opa/pr/admera-health-agrees-pay-over-5m-settle-false-claims-act-allegations-kickbacks-third-party-marketers](https://www.justice.gov/archives/opa/pr/admera-health-agrees-pay-over-5m-settle-false-claims-act-allegations-kickbacks-third-party-marketers)

    **## Week3LearningResources-LawandEthicsinHealthcare.docx**

    **Law and Ethics in Healthcare**

    **Week 3 Learning Resources**

    **Required Reading**

    · Pozgar, G. D. (2023).
    _Legal and ethical issues for health professionals_ (6th ed.). Jones & Bartlett Learning.

    · Chapter 5, “Development of Law” (pp. 149–163)

    · Chapter 6, “Introduction to Law” (pp. 165–203)

    · Chapter 10, “Physician Ethics and the Law” (pp. 311–332)

    · National Association of Medicaid Fraud Control Units. (n.d.).
    [_About the Medicaid Fraud Control UnitsLinks to an external site._](https://www.naag.org/about-naag/namfcu/about-the-medicaid-fraud-control-units/) _._ https://www.naag.org/about-naag/namfcu/about-the-medicaid-fraud-control-units/

    · U.S. Department of Health and Human Services. (n.d.).
    [_Compliance 101Links to an external site._](https://oig.hhs.gov/reports-and-publications/featured-topics/ihs/training/compliance-101/content/) _._ https://oig.hhs.gov/reports-and-publications/featured-topics/ihs/training/compliance-101/content/#/

    **Required Media**

    · OIGatHHS. (2023, April 20).
    [_Inspector General Christi A. Grimm testifies before the subcommittee on oversight & investigationsLinks to an external site._](https://youtu.be/eBedCt5mYnY)[Video]. YouTube. https://youtu.be/eBedCt5mYnY

    **## Week3DiscussionResponse-LawandEthicsinHealthcare.docx**

    **Law and Ethics in Healthcare**

    **Week 3 Discussion Response**

    **Colleague 1**

    **Tia Sturdevant**

    **Healthcare Fraud and Illegal Distribution of Controlled Substances: The Case of Heather Marks**

    The case selected involves Heather Marks, a Tennessee Advanced Registered Nurse Practitioner who was convicted by a federal jury in June 2026 for conspiracy to illegally distribute controlled substances and multiple counts of illegal distribution of controlled substances. Marks worked at Lifeforce Pain and Wellness, a rural pain management clinic in Carthage, Tennessee, where she prescribed excessive amounts of highly addictive opioids, including oxycodone and oxymorphone, between 2016 and 2018. According to the U.S. Department of Justice (2026), Marks prescribed nearly one million opioid pills to approximately 1,000 patients, despite evidence that many patients were abusing illegal drugs or selling the prescribed medications on the street. The clinic became known as a source of opioids for individuals willing to travel long distances to obtain prescriptions.

    Several federal laws were implicated in this case. Most notably, the Controlled Substances Act (CSA) regulates the prescribing and distribution of controlled substances and requires practitioners to issue prescriptions only for legitimate medical purposes within the usual course of professional practice. Marks violated these standards by knowingly prescribing opioids to individuals who were abusing drugs or diverting them for illegal sale (U.S. Department of Justice, 2026). Additionally, healthcare providers have a legal duty to meet accepted standards of care and protect patients from foreseeable diversion; Marks failed to uphold these legal and professional obligations.

    The ramifications of this criminal conduct were significant for both the individuals and organizations involved. Marks was convicted of conspiracy to illegally distribute controlled substances and eight counts of illegal distribution. She faces a maximum sentence of 20 years in prison for each count of conviction, with sentencing scheduled for September 2026 (U.S. Department of Justice, 2026). The clinic's reputation was severely damaged, and the case likely resulted in increased scrutiny from federal and state regulators. Furthermore, the illegal prescribing practices contributed to the ongoing opioid epidemic, placing patients at increased risk for addiction, overdose, and death. The investigation involved multiple agencies, including the FBI, the Department of Health and Human Services Office of Inspector General (HHS-OIG), and the Tennessee Bureau of Investigation, demonstrating the collaborative effort required to combat healthcare fraud and abuse (U.S. Department of Justice, 2026).

    Several motivations may have contributed to criminal behavior in this case. Financial gain is often a primary motivator in healthcare fraud cases.  High patient volumes and continued prescribing may have generated substantial revenue for the clinic. Additionally, there may have been pressure to satisfy patients seeking opioids, regardless of medical necessity. This case highlights how healthcare professionals can misuse their authority and prescribing privileges when ethical standards are overshadowed by financial incentives or poor judgment. Such actions undermine public trust in healthcare providers and contribute to widespread public health concerns.

    Two ethical principles particularly relevant to this care are nonmaleficence and beneficence. Nonmaleficence requires healthcare professionals to avoid causing harm to patients. By prescribing dangerous quantities of opioids to individuals known to be abusing drugs or diverting medications, Marks violated this fundamental ethical obligation (Pozgar, 2023). Beneficence requires healthcare providers to act in the best interests of patients and promote their well-being. Rather than helping patients manage pain safely. Marks' actions exposed them to addiction, overdose, and other serious health risks. These ethical breaches demonstrate a failure to prioritize patient welfare over personal or organizational interests.

    Healthcare leaders can take several actions to prevent similar incidents from occurring. First, organizations should establish comprehensive corporate compliance programs that include written policies, regular audits, employee education, and reporting mechanisms for suspected misconduct. According to the U.S. Department of Health and Human Services Office of Inspector General (n.d.), an effective compliance program helps organizations prevent, detect, and correct violations of healthcare laws and regulations. Second, leaders should implement prescription monitoring practices and regularly review prescribing patterns to identify unusual activity. Third, organizations should foster an ethical culture that encourages accountability and transparency. Employees should feel comfortable reporting concerns without fear of retaliation. Finally, ongoing education regarding legal requirements, ethical responsibilities, and opioid prescribing guidelines can help providers make informed decisions and reduce the risk of misconduct.

    In conclusion, the Heather Marks case demonstrates the serious consequences of illegal opioid prescribing and the importance of strong compliance programs in healthcare organizations. Effective leadership, regulatory oversight, and ethical decision-making are essential to protecting patients and maintaining public trust in the healthcare system.

    References

    Pozgar, G. D. (2023).
    _Legal and ethical issues for health professionals_ (6th ed.). Jones & Bartlett Learning.

    National Association of Medicaid Fraud Control Units. (n.d.).
    _About the Medicaid Fraud Control Units_.
    [https://www.naag.org/about-naag/namfcu/about-the-medicaid-fraud-control-units/](https://www.naag.org/about-naag/namfcu/about-the-medicaid-fraud-control-units/)

    OIGatHHS. (2023, April 20).
    _Inspector General Christi A. Grimm testifies before the subcommittee on oversight & investigations_ [Video]. YouTube.
    [https://youtu.be/eBedCt5mYnY](https://youtu.be/eBedCt5mYnY)

    U.S. Department of Health and Human Services, Office of Inspector General. (n.d.).
    _Compliance 101_.
    [https://oig.hhs.gov/reports-and-publications/featured-topics/ihs/training/compliance-101/content/#/](https://oig.hhs.gov/reports-and-publications/featured-topics/ihs/training/compliance-101/content/)

    U.S. Department of Justice. (2026, June 2).
    _Nurse practitioner convicted for illegal distribution of controlled substances_. Department of Justice.
    [https://www.justice.gov/opa/pr/nurse-practitioner-convicted-illegal-distribution-controlled-substances](https://www.justice.gov/opa/pr/nurse-practitioner-convicted-illegal-distribution-controlled-substances)

    **Colleague 2**

    **Vazyria Brewster**

    The case I selected involves Admera Health, a clinical laboratory that agreed to pay more than $5 million to settle allegations that it violated the False Claims Act by paying illegal kickbacks to third-party marketers. According to the U.S. Department of Justice (2024), Admera allegedly compensated marketers based on the volume of referrals they generated for genetic testing services reimbursed by federal healthcare programs, including Medicare and Medicaid.

    The primary federal laws involved are the Anti-Kickback Statute (AKS) and the False Claims Act (FCA). The Anti-Kickback Statute prohibits offering or receiving compensation in exchange for referrals involving federally funded healthcare programs. The False Claims Act imposes liability on organizations that knowingly submit or cause the submission of false claims for payment to the government.

    The ramifications of this case were significant. Admera Health agreed to pay over $5 million to resolve the allegations, and the organization faced reputational harm, increased government oversight, and potential loss of trust among patients and healthcare partners. Cases such as this also require collaboration between federal and state agencies to investigate and recover improperly used healthcare funds.

    The likely motivation behind the misconduct was financial gain. By incentivizing marketers to increase referrals, Admera could generate additional revenue from genetic testing services. However, such practices can lead to unnecessary testing and increased healthcare costs.

    Two ethical principles that apply to this case are justice and integrity. Justice requires the fair use of healthcare resources, while integrity requires honesty and compliance with legal and professional standards.

    Healthcare leaders can help prevent similar issues by implementing strong compliance programs, providing regular ethics and legal training, conducting internal audits, and encouraging employees to report concerns through confidential reporting systems. These actions promote accountability and help protect patients and public resources.

    **References:**

    Pozgar, G. D. (2023).
    _Legal and ethical issues for health professionals_ (6th ed.). Jones & Bartlett Learning.

    U.S. Department of Justice. (2024).
    _Admera Health agrees to pay over $5M to settle False Claims Act allegations of kickbacks to third party marketers_.
    [https://www.justice.gov/archives/opa/pr/admera-health-agrees-pay-over-5m-settle-false-claims-act-allegations-kickbacks-third-party-marketers](https://www.justice.gov/archives/opa/pr/admera-health-agrees-pay-over-5m-settle-false-claims-act-allegations-kickbacks-third-party-marketers)

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    [>Criminal homework help](https://www.sweetstudy.com/fields/law-criminal) **files (1)** – ## week6replies.docx **## week6replies.docx** 1 5 100 words reply each 525 reply to Yolonda I think the American criminal justice system could benefit from having more specialized training for lawyers and judge…

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    525 reply to Yolonda

    I think the American criminal justice system could benefit from having more specialized training for lawyers and judges, but only to a certain extent. Right now in the U.S., someone can graduate from law school and go into almost any area of law, including criminal law, without extra required training. Reichel (2017) explains that in many other countries, especially in civil law systems, people have to choose a specific path early on, like becoming a judge or prosecutor, and then get more focused training. That could be helpful in the U.S. because criminal cases can be serious, and having more specialized knowledge might lead to better decisions in court. It could also help reduce mistakes, especially in complex cases. At the same time, one advantage of the U.S. system is flexibility. Lawyers can switch areas or gain experience in different fields, which can make them more well-rounded. So I think adding some extra training for criminal law would improve the system, but completely limiting people to one path might not be the best idea.

    The idea that someone would rather be tried in a civil law court if they were innocent, but in a common law court if they were guilty, actually makes sense when you think about how the systems work. In civil law systems, judges take a more active role in investigating the case, which can help uncover the truth more directly. According to Hans (2008), these systems rely less on juries and more on professional judges, which might make them better at figuring out what really happened. That could benefit an innocent person. On the other hand, common law systems like in the U.S. focus more on procedure, rules of evidence, and protecting the rights of the accused. This can sometimes make it harder to prove guilt, which could benefit someone who is actually guilty. I think both systems try to be fair, but they focus on different priorities. Civil law systems may do a better job protecting innocent people because they focus more on finding the actual truth, while common law systems provide more protections to the accused, which can sometimes help guilty individuals. I don’t think one system is completely better.

    References

    Hans, V. P. (2008). Jury systems around the world. Cornell Law Faculty Publications.
    [https://scholarship.law.cornell.edu/facpub/305](https://scholarship.law.cornell.edu/facpub/305)

    Reichel, P. L. (2017). Comparative criminal justice systems: A topical approach. Pearson Education (US).

    525 reply to troy

    I want to see the American criminal justice system move toward greater specialization in training prosecutors, defense attorneys, and judges. Still, I don't want to see it become so rigid that it takes away lawyers' flexibility. In the United States, a person can graduate from law school, pass the bar, and technically practice many different types of law. That has certain advantages, in that it offers law career flexibility, but criminal law is too essential to be something a person can “figure out” along the way. Prosecutors have vast discretion over charge choices and plea deals. Defense attorneys are in the business of safeguarding someone’s liberty. Judges make choices that can determine whether evidence is admitted, whether someone is granted bail, and how someone is sentenced. And I think that further specialized training in criminal procedure, evidence, ethics, sentencing, and trial practice would enhance the system. That is not to say that every lawyer should be bound into one career route forever. But we should demand more practical training before someone becomes a prosecutor, defense attorney, or criminal court judge. Some nations have a more specialized system of legal training where persons study for certain legal tasks, including the judiciary” (Reichel, 2017). There's probably a higher chance that a judge trained in criminal law and procedure will be better prepared to take on important constitutional issues than a judge who practiced mainly civil law and then went to the bench.

    The second question is interesting because I can understand why someone would say they would rather be tried in a civil court if innocent, but in a common-law court if guilty. Civil law systems tend to be more investigation-oriented, with judges taking a larger role in developing the facts. If I were innocent, I would want a system focused on determining what happened rather than simply having two sides duke it out. Or, a guilty individual could prefer a common-law system since the government needs to prove the case, meet stringent standards of proof, and overcome the obstacles raised by the defense. The adversarial procedure may allow a guilty person additional opportunities to cast reasonable doubt. I am not convinced that civil law protects the innocent more and common law protects the guilty more. The common law provisions of presumption of innocence, cross-questioning, jury of your peers, and proof beyond a reasonable doubt are there to defend the innocent, not the guilty. Hans (2008) notes that the jury system and lay involvement differ from one country to another, which indicates that judicial safeguards are not uniform. A better issue is whether the system is fair, accurate, and balanced. The system should protect the innocent against wrongful convictions, but it should equally safeguard the rights of the guilty, since the government still has to follow the law.

    Hans, V. P. (2008). Jury systems around the world. Annual Review of Law and Social Science, 4, 275–297.

    Reichel, P. L. (2017). Comparative criminal justice systems (7th ed.). Pearson Education.

    530 d1 reply to matthew

    **According to the readings, what technical issues are involved in drug testing of officers and what is their efficacy?  Be detailed in your response.

    Both articles published by Mieczkowski highlighted issues in police drug testing. These included differences in detection windows, test sensitivity, and concerns about racial bias. Urinalysis is effective for detecting recent drug use but may fail to identify use that occurred outside its short detection window. Another option is hair analysis, which offers a longer detection window and was found to detect more drug users, making it more effective screening tool. However, costs associated with hair analysis play a factor in its use. Critics raised concern that hair testing could disproportionately affect black officers because drugs bind to darker hair color more than lighter colored hair. But the research found no significant evidence of racial biases when the testing procedures were properly conducted (Mieczkowski et al, 2002). Therefore, the studies suggest that hair analysis, particularly in combination with urine analysis, provides the most effective approach to drug testing and enforcement.

    **What were some of the 4th Amendment issues involved in drug testing officers, and how have courts ruled on these issues? Discuss fully, demonstrating your knowledge of the readings.

    Drug testing police officers raises 4th Amendment concerns because collecting urine, blood, or hair samples constitutes a search under the Constitution. Courts have generally upheld such testing under the Special Needs Doctrine, finding that the government's interest in ensuring that officers are fit for duty and capable of protecting public safety outweighs the officer’s privacy interests (Vaughn & Del Carmen, 1997). Supreme Court decisions have also established that drug testing may be permissible for employees in safety sensitive positions. As a result, courts have generally approved pre-employment, random, and reasonable suspicion drug testing of police officers, provided the testing procedures are reasonable and not overly intrusive.

    **Finally, how might a union or collective-bargaining complicate drug testing and why?  Discuss fully and consider the readings from the week. Outside research will also be helpful here.

    A union or collective bargaining agreement may complicate police drug testing because drug testing policies can affect employees’ privacy rights, disciplinary procedures, and working conditions which are all conditions a union fight for. Collective bargaining agreements may dictate how and when drug testing is administered and the consequences for positive results. Unions may argue drug testing is intrusive and violates employees’ privacy rights. Although police employees are made aware of drug testing policies which are most times a condition of employment. Unions may try to limit when random drug testing is administered in an attempt to safeguard employees. When drug testing produces a positive result, unions will fight for progressive discipline and rehabilitation before termination. Many large departments offer substance abuse programs to officers in lieu of termination if officers are truthful about their drug use (Nayar et al, 2026). My first department offered a substance abuse program to officers only if they admit to drug use
    _before_ the drug test is administered. They also must be willing to seek help and completion of the program allow them to keep their job. I personally never knew anyone who admitted to drug use or tested positive, but it does show that departments are aware of a possible problem and are willing to offer assistance before termination.

    Course Reference:

    Micezkowski, T., & Kim, M. L. (2002). Drug-testing police officers and police recruits.
    _Policing: An International Journal of Police Strategies & Management, 25_(3), 581-601.
    [https://doi.org/10.1108/13639510210437041](https://doi.org/10.1108/13639510210437041)

    Mieczkowski, T., Lersch, K. M., & Kruger, M. (2002). Police drug testing, had* analysis, and the issue of race bias.
    _Criminal Justice Review (Georgia State University)_,
    _27_(1), 124–140.
    [https://doi-org.proxy.ccis.edu/10.1177/073401680202700107](https://doi-org.proxy.ccis.edu/10.1177/073401680202700107)

    Other References:

    Vaughn, M. S., & Del Carmen, R. V. (1997). The Fourth Amendment as a tool of actuarial justice: the “special needs” exception to the warrant and probable cause requirement.
    _Crime & Delinquency, 43_(1), 38-60.
    [https://doi.org/10.1177/0011128797043001005](https://doi.org/10.1177/0011128797043001005)

    Nayar, N., Kalra, A., Deshpande, M. K., Kumar, K., & Kumar, A. (2026). Stress and substance abuse – assessment of psychiatric problems among police personnel.
    _Industrial Psychiatry Journal_,
    _35_(1), 60–64.
    [https://doi-org.proxy.ccis.edu/10.4103/ipj.ipj_95_25](https://doi-org.proxy.ccis.edu/10.4103/ipj.ipj_95_25)

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    530 d1 reply to Daniel

    Constitutional standards and zero-tolerance directives govern law enforcement drug testing. Because these roles involve public trust and safety, agencies implement mandatory screening that supersedes state-level cannabis legalization and general privacy rights.  Although marijuana has been legalized at the state level, on the federal level, marijuana remains a Schedule 1 controlled substance alongside heroin and LSD, which means the federal government considers it to have a high potential for abuse and no accepted medical use. That classification drives most law enforcement hiring policies regardless of what your state allows.  Military Veterans who currently serve as active Police Officers have been prescribed medical marijuana by the Veterans Affairs, have "flown" under the radar, and have managed to successfully do their jobs with no questionable incidents.  However, if selected to submit to a random drug test and marijuana is detected, they will be stripped of their gun and shield. Police Officers with a prescription will not lose their job once hired, but they will not be able to be on the street with a gun and shield. An officer can't be under the influence while working, and the drug test doesn't show when the person ingested last, the NYPD prevents them from being on the street armed. In some instances, an Officer can still be terminated for having marijuana in their system, regardless of if it being prescribed or not.

    The basis upon which drug testing is premised in the workplace in the most general terms is that workers are likely to be more productive – and present fewer problems to management, if they are drug-abstinent. The Office of Applied Studies found, for example, that, among full-time adult workers, employee turnover, number of workdays skipped, quitting and being fired were all significantly higher in drug users than abstainers.  Aside from productivity, corruption can also be an issue. Drug corruption and drug-related corruption add importance to the role of drug testing in identifying, controlling and suppressing police corruption related to drug crime Traditionally, police corruption primarily focused on the police officer's illegal utilization of authority combined with structural opportunities afforded to the officer by work circumstances. The traditional motivation is the police officer's personal gain, and is historically characterized by taking bribes – money, goods and services, or receiving some other commodity valued by the officer.

    For a police officer in New York, violating these rules has severe, career-ending consequences. Officers are subject to random and for-cause drug testing for cannabis. An applicant who tests positive during the hiring process will be disqualified, while a sworn officer faces suspension and termination proceedings. The justification for such discipline is that cannabis use renders the officer legally unable to perform a function of their job: carrying a firearm. By becoming a “prohibited person” under the federal Gun Control Act, the officer can no longer be a police officer. This makes termination a direct consequence of the conflict between state legalization and federal firearm law. (LegalClarity "Can Police Officers smoke Weed in New York?")

    For policing agencies, drug screening comes in three ways: hair sample, blood or urine. The choice between the tests is usually related to costs and the type of substance tested for, and how far back they want to detect for a specific substance. Hair samples go back for 3 to 6 months sometimes longer, while blood samples go back to a month and urine for approximately a week.  Police agencies may find the hair assay cost-prohibitive, especially given the array of other expensive screening tools utilized by many agencies in the screening process of prospective law enforcement officers (polygraphs, psychological tests, background checks and physicals).  Some of the technical issues faced by testing is that standard tests detect metabolites indicating past exposure, not whether the officer is currently impaired or unfit for duty. Screening tests sometimes mistakenly detect over the counter medications, herbal supplements for illegal ones, necessitating further expensive testing.

    The efficacy of testing relies heavily on randomized, unannounced scheduling. Because officers know they can be tested at any time, it functions as a highly preventative measure. The NYPD will usually notify a Police Officer when he reports for the day that he has been selected for a drug sample, and from the moment of the notification, he has 2 hours to report to the medical district for a sample. Depending if its a random test or testing for alleged illegal drug usage, the officer can drive himself or be escorted by a supervisor.

    Drug testing police officers under the Fourth Ammendment is considered a search, which protects against unreasonable searches and seizures. However, because law enforcement officers hold sensitive positions the govt has a compelling public safety interest in ensuring officers are unimpaired while on duty. Courts balance the officers expectation of privacy against the publics interest, utilizing the special needs doctrine. The legality of testing Police Officers depends on the type of test and the specific circumstances surrounding it. These are some of the ways officers are tested:

    Routine and random drug testing is used as a preventative tool to deter Officers from using illegal substances. This method is the element of surprise that an officer can be tested at any time.

    Post Incident Testing, usually occurs after an officer got involved in a shooting, vehicular accident or violent altercation.

    Testing for Reasonable Suspicion, when a supervisor detects the officer is unfit for duty.

    Every union has their own policy regarding drug-testing. If a member of service believes that he will fail a drug test, he may contact his delegate before submitting a drug sample and be guided by legal counsel. The NYPD has a Patrol Guide procedure stating the details of officers submitting to drug tests; PGP No. 205-29 provides for random drug testing of all members of the NYPD (except, as described infra, those assigned to certain specified commands which are subject to separate random drug testing procedures). Under this procedure, the NYPD randomly selects members through the use of an automated database and directs those selected to appear at a specified date and time for drug screening. The procedure states that selected members "must submit to drug screening" but does not define the method of testing. The procedure does state: "Except in unusual circumstances, urine samples will be taken at a facility operated by the Medical Division . . . ."

    References

    · Mieczkowski, T., & Lersch, K. M., (2002). Drug-testing police officers and police recruits: The outcome of urinalysis and hair analysis compared.
    [_https://www.proquest.com/docview/211265695_](https://www.proquest.com/docview/211265695)

    · Mieczkowski, T., Lersch, K. M., & Kruger, M. (2002). Police drug testing, hair analysis, and the issue of race bias.
    [_https://www.proquest.com/docview/211265695_](https://www.proquest.com/docview/211265695)

    · LegalClarity New York (19 June 2025) Can Police Officers Smoke Weed in New York?
    [https://legalclarity.org/can-police-officers-smoke-weed-in-new-york/](https://legalclarity.org/can-police-officers-smoke-weed-in-new-york/)

    · National Institute of Justice (2016) Improving the Reliability of Drug Tests Done by Officers
    [https://nij.ojp.gov/topics/articles/improving-reliability-drug-tests-done-officers](https://nij.ojp.gov/topics/articles/improving-reliability-drug-tests-done-officers)

    · Detectives Endowment Association Decision No. B-37-2006
    https://www.nycourts.gov/reporter/webdocs/center_for_nyc_law_cityadmin.htm

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    530 d2 reply to aalia

    **What are some of the potential areas of conflict?**

    One potential area of conflict in criminal justice employment is the tension between religious expression and agency policies aimed at ensuring safety, security, and uniformity. Law enforcement and correctional agencies frequently enforce grooming standards, dress codes, and operational requirements that may conflict with employees’ religious beliefs. For instance, in
    _Hebrew v. Texas Department of Criminal Justice_ (5th Cir. 2023), a correctional officer requested a religious accommodation to maintain long hair and a beard in accordance with his Nazarite vow. The Texas Department of Criminal Justice (TDCJ) denied the request, citing concerns that long hair and beards could pose security risks, interfere with gas mask use, and conceal contraband. This case illustrates how agency safety and security priorities can sometimes clash with employees’ religious practices.

    A similar balance exists in the military. Uniformity standards govern appearance, including hair length, facial grooming, nail care, and uniform presentation. While religious accommodations may be granted for faiths that require facial hair, such as Sikhism, Islam, or Heathenry, they must still meet safety requirements to ensure the effective use of gas masks and other protective equipment. Likewise, religious head coverings such as hijabs, turbans, and yarmulkes may be worn with the uniform unless restricted for safety or operational necessity.

    Conflicts also arise regarding scheduling and job assignments. Criminal justice agencies operate continuously and often require mandatory overtime, shift work, and emergency staffing. Employees may request time off for Sabbath observance or daily prayer, which can challenge agencies’ efforts to maintain adequate staffing. Additionally, conflicts may occur when employees’ religious beliefs affect their willingness to perform specific job duties, such as certain assignments or searches. In these circumstances, employers must balance employees’ religious rights with agency operational requirements and public safety obligations.

    **What is the current state of law regarding these issues?**

    The current state of law regarding religious expression in criminal justice employment is shaped by the First Amendment’s Free Exercise Clause and Title VII of the Civil Rights Act of 1964. The Free Exercise Clause protects individuals’ rights to practice their religion. However, the Supreme Court’s decision in
    _Employment Division v. Smith_ (1990) held that “a law that burdens religion may override religious freedom claims, so long as it is general and neutral, and does not specifically target religious belief” (Scharffs, 2012, p. 310). Consequently, Free Exercise Clause claims generally fail unless a policy is not neutral, not generally applicable, or involves intentional discrimination.

    While constitutional protections are limited under
    _Smith_, Title VII provides stronger protection by requiring employers to reasonably accommodate religious practices unless doing so creates an undue hardship. The Supreme Court in
    _Groff v. DeJoy_ (2023) strengthened this standard, requiring employers to show a substantial burden on business operations rather than minimal inconvenience or cost. This standard was applied in
    _Hebrew v. Texas Department of Criminal Justice_, where the Fifth Circuit emphasized that employers must provide evidence of a substantial operational burden when denying a religious accommodation rather than relying on generalized safety concerns. As a result, agencies are generally required to accommodate religious practices unless they can demonstrate significant safety, security, or operational impacts.

    **References:**

    _Hebrew v. Texas Department of Criminal Justice_, 80 F.4th 717 (5th Cir. 2023). Justia US Law.
    [https://law.justia.com/cases/federal/appellate-courts/ca5/22-20517/22-20517-2023-09-15.html](https://law.justia.com/cases/federal/appellate-courts/ca5/22-20517/22-20517-2023-09-15.html)

    Scharffs, B. (2012). Protecting Religious Freedom: Two Counterintuitive Dialectics in US Free Exercise Jurisprudence. In Babie P. & Rochow N. (Eds.),
    [_Freedom of Religion under Bills of Rights_](https://www.jstor.org/stable/10.20851/j.ctt1t3051j.19)(pp. 285-320). South Australia: University of Adelaide Press.

    _Groff v. DeJoy_, 600 U.S. (2023). Supreme Court of the United States.
    [https://www.supremecourt.gov/opinions/22pdf/22-174_k536.pdf](https://www.supremecourt.gov/opinions/22pdf/22-174_k536.pdf)

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    530 d2 reply to Rodney

    Religious expression in law enforcement can cause several conflicts between an officer's beliefs and the agency's rules. According to Schott (2007), common conflicts include scheduling for Sabbath observances, wearing religious symbols on uniforms, grooming standards like beards, and assignment objections such as a Catholic officer being ordered to work at an abortion clinic protest. These problems happen because police departments have to work twenty-four hours a day, seven days a week, and they have strict uniform and grooming rules to look neutral to the public.

    The current law on these issues comes from Title VII of the Civil Rights Act of 1964 and a recent Supreme Court case called Groff v. DeJoy (2023). Title VII says employers must reasonably accommodate an employee's religious beliefs unless it causes an undue hardship on the business (Title VII of the Civil Rights Act of 1964). In Groff v. DeJoy (2023), the Supreme Court changed the old rule and said an employer can only deny a religious accommodation if it would cause substantial increased costs or a burden that is substantial in the overall context of the employer's business. This means police departments now have to try harder to say yes to an officer's religious request. Just having other officers complain or a small scheduling problem is not enough anymore (Groff v. DeJoy, 2023).

    When we apply the law to real life, if a Muslim officer asks to wear a hijab or grow a beard for religious reasons, the department has to say yes unless it can prove a real problem like safety issues. If a Christian officer asks for Sundays off to go to church, the department has to try shift swaps first. Schott (2007) says courts have let officers have religious beards when safety is not a problem, but they have sometimes said no to visible religious symbols on uniforms to keep things neutral. In my own job, I have seen schedule problems come up around religious holidays. The best way to fix them was for both sides to talk openly and be flexible.

    References

    Groff v. DeJoy, 143 S. Ct. 2279 (2023).
    [https://www.eeoc.gov/religious-discrimination](https://www.eeoc.gov/religious-discrimination)

    Schott, R. G. (2007). Religion in the public workplace: Regulation and accommodation. FBI Law Enforcement Bulletin.

    Title VII of the Civil Rights Act of 1964, 42 U.S.C. 2000e et seq.
    [https://www.supremecourt.gov/qp/22-00174qp.pdf](https://www.supremecourt.gov/qp/22-00174qp.pdf)

    **## week6replies.docx**

    1

    5

    100 words reply each

    525 reply to Yolonda

    I think the American criminal justice system could benefit from having more specialized training for lawyers and judges, but only to a certain extent. Right now in the U.S., someone can graduate from law school and go into almost any area of law, including criminal law, without extra required training. Reichel (2017) explains that in many other countries, especially in civil law systems, people have to choose a specific path early on, like becoming a judge or prosecutor, and then get more focused training. That could be helpful in the U.S. because criminal cases can be serious, and having more specialized knowledge might lead to better decisions in court. It could also help reduce mistakes, especially in complex cases. At the same time, one advantage of the U.S. system is flexibility. Lawyers can switch areas or gain experience in different fields, which can make them more well-rounded. So I think adding some extra training for criminal law would improve the system, but completely limiting people to one path might not be the best idea.

    The idea that someone would rather be tried in a civil law court if they were innocent, but in a common law court if they were guilty, actually makes sense when you think about how the systems work. In civil law systems, judges take a more active role in investigating the case, which can help uncover the truth more directly. According to Hans (2008), these systems rely less on juries and more on professional judges, which might make them better at figuring out what really happened. That could benefit an innocent person. On the other hand, common law systems like in the U.S. focus more on procedure, rules of evidence, and protecting the rights of the accused. This can sometimes make it harder to prove guilt, which could benefit someone who is actually guilty. I think both systems try to be fair, but they focus on different priorities. Civil law systems may do a better job protecting innocent people because they focus more on finding the actual truth, while common law systems provide more protections to the accused, which can sometimes help guilty individuals. I don’t think one system is completely better.

    References

    Hans, V. P. (2008). Jury systems around the world. Cornell Law Faculty Publications.
    [https://scholarship.law.cornell.edu/facpub/305](https://scholarship.law.cornell.edu/facpub/305)

    Reichel, P. L. (2017). Comparative criminal justice systems: A topical approach. Pearson Education (US).

    525 reply to troy

    I want to see the American criminal justice system move toward greater specialization in training prosecutors, defense attorneys, and judges. Still, I don't want to see it become so rigid that it takes away lawyers' flexibility. In the United States, a person can graduate from law school, pass the bar, and technically practice many different types of law. That has certain advantages, in that it offers law career flexibility, but criminal law is too essential to be something a person can “figure out” along the way. Prosecutors have vast discretion over charge choices and plea deals. Defense attorneys are in the business of safeguarding someone’s liberty. Judges make choices that can determine whether evidence is admitted, whether someone is granted bail, and how someone is sentenced. And I think that further specialized training in criminal procedure, evidence, ethics, sentencing, and trial practice would enhance the system. That is not to say that every lawyer should be bound into one career route forever. But we should demand more practical training before someone becomes a prosecutor, defense attorney, or criminal court judge. Some nations have a more specialized system of legal training where persons study for certain legal tasks, including the judiciary” (Reichel, 2017). There's probably a higher chance that a judge trained in criminal law and procedure will be better prepared to take on important constitutional issues than a judge who practiced mainly civil law and then went to the bench.

    The second question is interesting because I can understand why someone would say they would rather be tried in a civil court if innocent, but in a common-law court if guilty. Civil law systems tend to be more investigation-oriented, with judges taking a larger role in developing the facts. If I were innocent, I would want a system focused on determining what happened rather than simply having two sides duke it out. Or, a guilty individual could prefer a common-law system since the government needs to prove the case, meet stringent standards of proof, and overcome the obstacles raised by the defense. The adversarial procedure may allow a guilty person additional opportunities to cast reasonable doubt. I am not convinced that civil law protects the innocent more and common law protects the guilty more. The common law provisions of presumption of innocence, cross-questioning, jury of your peers, and proof beyond a reasonable doubt are there to defend the innocent, not the guilty. Hans (2008) notes that the jury system and lay involvement differ from one country to another, which indicates that judicial safeguards are not uniform. A better issue is whether the system is fair, accurate, and balanced. The system should protect the innocent against wrongful convictions, but it should equally safeguard the rights of the guilty, since the government still has to follow the law.

    Hans, V. P. (2008). Jury systems around the world. Annual Review of Law and Social Science, 4, 275–297.

    Reichel, P. L. (2017). Comparative criminal justice systems (7th ed.). Pearson Education.

    530 d1 reply to matthew

    **According to the readings, what technical issues are involved in drug testing of officers and what is their efficacy?  Be detailed in your response.

    Both articles published by Mieczkowski highlighted issues in police drug testing. These included differences in detection windows, test sensitivity, and concerns about racial bias. Urinalysis is effective for detecting recent drug use but may fail to identify use that occurred outside its short detection window. Another option is hair analysis, which offers a longer detection window and was found to detect more drug users, making it more effective screening tool. However, costs associated with hair analysis play a factor in its use. Critics raised concern that hair testing could disproportionately affect black officers because drugs bind to darker hair color more than lighter colored hair. But the research found no significant evidence of racial biases when the testing procedures were properly conducted (Mieczkowski et al, 2002). Therefore, the studies suggest that hair analysis, particularly in combination with urine analysis, provides the most effective approach to drug testing and enforcement.

    **What were some of the 4th Amendment issues involved in drug testing officers, and how have courts ruled on these issues? Discuss fully, demonstrating your knowledge of the readings.

    Drug testing police officers raises 4th Amendment concerns because collecting urine, blood, or hair samples constitutes a search under the Constitution. Courts have generally upheld such testing under the Special Needs Doctrine, finding that the government's interest in ensuring that officers are fit for duty and capable of protecting public safety outweighs the officer’s privacy interests (Vaughn & Del Carmen, 1997). Supreme Court decisions have also established that drug testing may be permissible for employees in safety sensitive positions. As a result, courts have generally approved pre-employment, random, and reasonable suspicion drug testing of police officers, provided the testing procedures are reasonable and not overly intrusive.

    **Finally, how might a union or collective-bargaining complicate drug testing and why?  Discuss fully and consider the readings from the week. Outside research will also be helpful here.

    A union or collective bargaining agreement may complicate police drug testing because drug testing policies can affect employees’ privacy rights, disciplinary procedures, and working conditions which are all conditions a union fight for. Collective bargaining agreements may dictate how and when drug testing is administered and the consequences for positive results. Unions may argue drug testing is intrusive and violates employees’ privacy rights. Although police employees are made aware of drug testing policies which are most times a condition of employment. Unions may try to limit when random drug testing is administered in an attempt to safeguard employees. When drug testing produces a positive result, unions will fight for progressive discipline and rehabilitation before termination. Many large departments offer substance abuse programs to officers in lieu of termination if officers are truthful about their drug use (Nayar et al, 2026). My first department offered a substance abuse program to officers only if they admit to drug use
    _before_ the drug test is administered. They also must be willing to seek help and completion of the program allow them to keep their job. I personally never knew anyone who admitted to drug use or tested positive, but it does show that departments are aware of a possible problem and are willing to offer assistance before termination.

    Course Reference:

    Micezkowski, T., & Kim, M. L. (2002). Drug-testing police officers and police recruits.
    _Policing: An International Journal of Police Strategies & Management, 25_(3), 581-601.
    [https://doi.org/10.1108/13639510210437041](https://doi.org/10.1108/13639510210437041)

    Mieczkowski, T., Lersch, K. M., & Kruger, M. (2002). Police drug testing, had* analysis, and the issue of race bias.
    _Criminal Justice Review (Georgia State University)_,
    _27_(1), 124–140.
    [https://doi-org.proxy.ccis.edu/10.1177/073401680202700107](https://doi-org.proxy.ccis.edu/10.1177/073401680202700107)

    Other References:

    Vaughn, M. S., & Del Carmen, R. V. (1997). The Fourth Amendment as a tool of actuarial justice: the “special needs” exception to the warrant and probable cause requirement.
    _Crime & Delinquency, 43_(1), 38-60.
    [https://doi.org/10.1177/0011128797043001005](https://doi.org/10.1177/0011128797043001005)

    Nayar, N., Kalra, A., Deshpande, M. K., Kumar, K., & Kumar, A. (2026). Stress and substance abuse – assessment of psychiatric problems among police personnel.
    _Industrial Psychiatry Journal_,
    _35_(1), 60–64.
    [https://doi-org.proxy.ccis.edu/10.4103/ipj.ipj_95_25](https://doi-org.proxy.ccis.edu/10.4103/ipj.ipj_95_25)

    less

    530 d1 reply to Daniel

    Constitutional standards and zero-tolerance directives govern law enforcement drug testing. Because these roles involve public trust and safety, agencies implement mandatory screening that supersedes state-level cannabis legalization and general privacy rights.  Although marijuana has been legalized at the state level, on the federal level, marijuana remains a Schedule 1 controlled substance alongside heroin and LSD, which means the federal government considers it to have a high potential for abuse and no accepted medical use. That classification drives most law enforcement hiring policies regardless of what your state allows.  Military Veterans who currently serve as active Police Officers have been prescribed medical marijuana by the Veterans Affairs, have "flown" under the radar, and have managed to successfully do their jobs with no questionable incidents.  However, if selected to submit to a random drug test and marijuana is detected, they will be stripped of their gun and shield. Police Officers with a prescription will not lose their job once hired, but they will not be able to be on the street with a gun and shield. An officer can't be under the influence while working, and the drug test doesn't show when the person ingested last, the NYPD prevents them from being on the street armed. In some instances, an Officer can still be terminated for having marijuana in their system, regardless of if it being prescribed or not.

    The basis upon which drug testing is premised in the workplace in the most general terms is that workers are likely to be more productive – and present fewer problems to management, if they are drug-abstinent. The Office of Applied Studies found, for example, that, among full-time adult workers, employee turnover, number of workdays skipped, quitting and being fired were all significantly higher in drug users than abstainers.  Aside from productivity, corruption can also be an issue. Drug corruption and drug-related corruption add importance to the role of drug testing in identifying, controlling and suppressing police corruption related to drug crime Traditionally, police corruption primarily focused on the police officer's illegal utilization of authority combined with structural opportunities afforded to the officer by work circumstances. The traditional motivation is the police officer's personal gain, and is historically characterized by taking bribes – money, goods and services, or receiving some other commodity valued by the officer.

    For a police officer in New York, violating these rules has severe, career-ending consequences. Officers are subject to random and for-cause drug testing for cannabis. An applicant who tests positive during the hiring process will be disqualified, while a sworn officer faces suspension and termination proceedings. The justification for such discipline is that cannabis use renders the officer legally unable to perform a function of their job: carrying a firearm. By becoming a “prohibited person” under the federal Gun Control Act, the officer can no longer be a police officer. This makes termination a direct consequence of the conflict between state legalization and federal firearm law. (LegalClarity "Can Police Officers smoke Weed in New York?")

    For policing agencies, drug screening comes in three ways: hair sample, blood or urine. The choice between the tests is usually related to costs and the type of substance tested for, and how far back they want to detect for a specific substance. Hair samples go back for 3 to 6 months sometimes longer, while blood samples go back to a month and urine for approximately a week.  Police agencies may find the hair assay cost-prohibitive, especially given the array of other expensive screening tools utilized by many agencies in the screening process of prospective law enforcement officers (polygraphs, psychological tests, background checks and physicals).  Some of the technical issues faced by testing is that standard tests detect metabolites indicating past exposure, not whether the officer is currently impaired or unfit for duty. Screening tests sometimes mistakenly detect over the counter medications, herbal supplements for illegal ones, necessitating further expensive testing.

    The efficacy of testing relies heavily on randomized, unannounced scheduling. Because officers know they can be tested at any time, it functions as a highly preventative measure. The NYPD will usually notify a Police Officer when he reports for the day that he has been selected for a drug sample, and from the moment of the notification, he has 2 hours to report to the medical district for a sample. Depending if its a random test or testing for alleged illegal drug usage, the officer can drive himself or be escorted by a supervisor.

    Drug testing police officers under the Fourth Ammendment is considered a search, which protects against unreasonable searches and seizures. However, because law enforcement officers hold sensitive positions the govt has a compelling public safety interest in ensuring officers are unimpaired while on duty. Courts balance the officers expectation of privacy against the publics interest, utilizing the special needs doctrine. The legality of testing Police Officers depends on the type of test and the specific circumstances surrounding it. These are some of the ways officers are tested:

    Routine and random drug testing is used as a preventative tool to deter Officers from using illegal substances. This method is the element of surprise that an officer can be tested at any time.

    Post Incident Testing, usually occurs after an officer got involved in a shooting, vehicular accident or violent altercation.

    Testing for Reasonable Suspicion, when a supervisor detects the officer is unfit for duty.

    Every union has their own policy regarding drug-testing. If a member of service believes that he will fail a drug test, he may contact his delegate before submitting a drug sample and be guided by legal counsel. The NYPD has a Patrol Guide procedure stating the details of officers submitting to drug tests; PGP No. 205-29 provides for random drug testing of all members of the NYPD (except, as described infra, those assigned to certain specified commands which are subject to separate random drug testing procedures). Under this procedure, the NYPD randomly selects members through the use of an automated database and directs those selected to appear at a specified date and time for drug screening. The procedure states that selected members "must submit to drug screening" but does not define the method of testing. The procedure does state: "Except in unusual circumstances, urine samples will be taken at a facility operated by the Medical Division . . . ."

    References

    · Mieczkowski, T., & Lersch, K. M., (2002). Drug-testing police officers and police recruits: The outcome of urinalysis and hair analysis compared.
    [_https://www.proquest.com/docview/211265695_](https://www.proquest.com/docview/211265695)

    · Mieczkowski, T., Lersch, K. M., & Kruger, M. (2002). Police drug testing, hair analysis, and the issue of race bias.
    [_https://www.proquest.com/docview/211265695_](https://www.proquest.com/docview/211265695)

    · LegalClarity New York (19 June 2025) Can Police Officers Smoke Weed in New York?
    [https://legalclarity.org/can-police-officers-smoke-weed-in-new-york/](https://legalclarity.org/can-police-officers-smoke-weed-in-new-york/)

    · National Institute of Justice (2016) Improving the Reliability of Drug Tests Done by Officers
    [https://nij.ojp.gov/topics/articles/improving-reliability-drug-tests-done-officers](https://nij.ojp.gov/topics/articles/improving-reliability-drug-tests-done-officers)

    · Detectives Endowment Association Decision No. B-37-2006
    https://www.nycourts.gov/reporter/webdocs/center_for_nyc_law_cityadmin.htm

    less

    530 d2 reply to aalia

    **What are some of the potential areas of conflict?**

    One potential area of conflict in criminal justice employment is the tension between religious expression and agency policies aimed at ensuring safety, security, and uniformity. Law enforcement and correctional agencies frequently enforce grooming standards, dress codes, and operational requirements that may conflict with employees’ religious beliefs. For instance, in
    _Hebrew v. Texas Department of Criminal Justice_ (5th Cir. 2023), a correctional officer requested a religious accommodation to maintain long hair and a beard in accordance with his Nazarite vow. The Texas Department of Criminal Justice (TDCJ) denied the request, citing concerns that long hair and beards could pose security risks, interfere with gas mask use, and conceal contraband. This case illustrates how agency safety and security priorities can sometimes clash with employees’ religious practices.

    A similar balance exists in the military. Uniformity standards govern appearance, including hair length, facial grooming, nail care, and uniform presentation. While religious accommodations may be granted for faiths that require facial hair, such as Sikhism, Islam, or Heathenry, they must still meet safety requirements to ensure the effective use of gas masks and other protective equipment. Likewise, religious head coverings such as hijabs, turbans, and yarmulkes may be worn with the uniform unless restricted for safety or operational necessity.

    Conflicts also arise regarding scheduling and job assignments. Criminal justice agencies operate continuously and often require mandatory overtime, shift work, and emergency staffing. Employees may request time off for Sabbath observance or daily prayer, which can challenge agencies’ efforts to maintain adequate staffing. Additionally, conflicts may occur when employees’ religious beliefs affect their willingness to perform specific job duties, such as certain assignments or searches. In these circumstances, employers must balance employees’ religious rights with agency operational requirements and public safety obligations.

    **What is the current state of law regarding these issues?**

    The current state of law regarding religious expression in criminal justice employment is shaped by the First Amendment’s Free Exercise Clause and Title VII of the Civil Rights Act of 1964. The Free Exercise Clause protects individuals’ rights to practice their religion. However, the Supreme Court’s decision in
    _Employment Division v. Smith_ (1990) held that “a law that burdens religion may override religious freedom claims, so long as it is general and neutral, and does not specifically target religious belief” (Scharffs, 2012, p. 310). Consequently, Free Exercise Clause claims generally fail unless a policy is not neutral, not generally applicable, or involves intentional discrimination.

    While constitutional protections are limited under
    _Smith_, Title VII provides stronger protection by requiring employers to reasonably accommodate religious practices unless doing so creates an undue hardship. The Supreme Court in
    _Groff v. DeJoy_ (2023) strengthened this standard, requiring employers to show a substantial burden on business operations rather than minimal inconvenience or cost. This standard was applied in
    _Hebrew v. Texas Department of Criminal Justice_, where the Fifth Circuit emphasized that employers must provide evidence of a substantial operational burden when denying a religious accommodation rather than relying on generalized safety concerns. As a result, agencies are generally required to accommodate religious practices unless they can demonstrate significant safety, security, or operational impacts.

    **References:**

    _Hebrew v. Texas Department of Criminal Justice_, 80 F.4th 717 (5th Cir. 2023). Justia US Law.
    [https://law.justia.com/cases/federal/appellate-courts/ca5/22-20517/22-20517-2023-09-15.html](https://law.justia.com/cases/federal/appellate-courts/ca5/22-20517/22-20517-2023-09-15.html)

    Scharffs, B. (2012). Protecting Religious Freedom: Two Counterintuitive Dialectics in US Free Exercise Jurisprudence. In Babie P. & Rochow N. (Eds.),
    [_Freedom of Religion under Bills of Rights_](https://www.jstor.org/stable/10.20851/j.ctt1t3051j.19)(pp. 285-320). South Australia: University of Adelaide Press.

    _Groff v. DeJoy_, 600 U.S. (2023). Supreme Court of the United States.
    [https://www.supremecourt.gov/opinions/22pdf/22-174_k536.pdf](https://www.supremecourt.gov/opinions/22pdf/22-174_k536.pdf)

    less

    530 d2 reply to Rodney

    Religious expression in law enforcement can cause several conflicts between an officer's beliefs and the agency's rules. According to Schott (2007), common conflicts include scheduling for Sabbath observances, wearing religious symbols on uniforms, grooming standards like beards, and assignment objections such as a Catholic officer being ordered to work at an abortion clinic protest. These problems happen because police departments have to work twenty-four hours a day, seven days a week, and they have strict uniform and grooming rules to look neutral to the public.

    The current law on these issues comes from Title VII of the Civil Rights Act of 1964 and a recent Supreme Court case called Groff v. DeJoy (2023). Title VII says employers must reasonably accommodate an employee's religious beliefs unless it causes an undue hardship on the business (Title VII of the Civil Rights Act of 1964). In Groff v. DeJoy (2023), the Supreme Court changed the old rule and said an employer can only deny a religious accommodation if it would cause substantial increased costs or a burden that is substantial in the overall context of the employer's business. This means police departments now have to try harder to say yes to an officer's religious request. Just having other officers complain or a small scheduling problem is not enough anymore (Groff v. DeJoy, 2023).

    When we apply the law to real life, if a Muslim officer asks to wear a hijab or grow a beard for religious reasons, the department has to say yes unless it can prove a real problem like safety issues. If a Christian officer asks for Sundays off to go to church, the department has to try shift swaps first. Schott (2007) says courts have let officers have religious beards when safety is not a problem, but they have sometimes said no to visible religious symbols on uniforms to keep things neutral. In my own job, I have seen schedule problems come up around religious holidays. The best way to fix them was for both sides to talk openly and be flexible.

    References

    Groff v. DeJoy, 143 S. Ct. 2279 (2023).
    [https://www.eeoc.gov/religious-discrimination](https://www.eeoc.gov/religious-discrimination)

    Schott, R. G. (2007). Religion in the public workplace: Regulation and accommodation. FBI Law Enforcement Bulletin.

    Title VII of the Civil Rights Act of 1964, 42 U.S.C. 2000e et seq.
    [https://www.supremecourt.gov/qp/22-00174qp.pdf](https://www.supremecourt.gov/qp/22-00174qp.pdf)

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    [>Criminal homework help](https://www.sweetstudy.com/fields/law-criminal) Jason, a seven year old child, is in the second grade. At school, his teacher noticed he was having problems sitting during class. She asked Jason why he was wiggling around in his seat and what was wrong. Jason replied that h…

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    [>Criminal homework help](https://www.sweetstudy.com/fields/law-criminal)

    Jason, a seven year old child, is in the second grade. At school, his teacher noticed he was having problems sitting during class. She asked Jason why he was wiggling around in his seat and what was wrong. Jason replied that his daddy had given him a “real whipping” last night for coming home later after school. The teacher immediately sent Jason to the school nurse for evaluation. The school nurse conducted a physical examination of the child and determined that Jason had “strap mark” lacerations across his buttocks approximately five inches long and two inches wide. There were four different but distinct marks which appeared to be deep blue, black and brown in color. Jason told the nurse that the marks were from the whipping his father recently gave him.

    Questions:

    1. What is required to establish a sufficient legal basis for a “dependency” case in the State of Florida and has Jason been abused or neglected as those terms are defined in Chapter 39 of the Florida Statutes? Explain the difference between  “child abuse” and “child neglect”. When does corporal punishment constitute abuse?

    1. What legal process/steps would the Florida Department of Children and Families have to follow to remove Jason from his legal custodian(s) and what legal process would be initiated for “shelter status”?

    1. Explain why and how psychological maltreatment of a child by a parent or guardian may legally constitute child abuse to warrant state intervention.

  • [Solved] Week 3 Discussion Response- Healthcare Finance

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    **files (2)** – ## Week3LearningResources-HealthcareFinance.docx – ## Week3DiscussionResponse-HealthcareFinance.docx **## Week3LearningResources-HealthcareFinance.docx** **Week 3 Learning Resources** **Healthcare Finance** **Required Reading** · Getzen, T. E., & Kobernick, M. S. (2022). _Health econ…

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    **files (2)**

    – ## Week3LearningResources-HealthcareFinance.docx

    – ## Week3DiscussionResponse-HealthcareFinance.docx

    **## Week3LearningResources-HealthcareFinance.docx**

    **Week 3 Learning Resources**

    **Healthcare Finance**

    **Required Reading**

    · Getzen, T. E., & Kobernick, M. S. (2022).
    _Health economics & financing_ (6th ed.). Wiley.

    · Chapter 4, “Financing Medical Care: Health Insurance Contracts: Managed Care” (pp. 63–95)

    · Pink, G. H., & Song, P. H. (2020).
    _Gapinski’s understanding healthcare financial management_ (8th ed.). Health Administration Press.

    · Chapter 12, “Project Risk Analysis” (pp. 459–503)

    · Ackley, C. A. (2022).
    [Tiered cost sharing and health care demandLinks to an external site.](https://go.openathens.net/redirector/waldenu.edu?url=https://www.sciencedirect.com/science/article/pii/S0167629622000807).
    _Journal of Health Economics_,
    _85_. https://doi.org/10.1016/j.jhealeco.2022.102663

    · Frederick, J. D., Fung, D. W. H., Yang, C. C., & Yeh, J. J. H. (2022).
    [Individual health insurance reforms in the U.S.: Expanding interstate markets, Medicare for all, or Medicaid for all?Links to an external site.](https://go.openathens.net/redirector/waldenu.edu?url=https://www.sciencedirect.com/science/article/pii/S0377221721005373) _European Journal of Operational Research_,
    _297_(2), 753–765. https://doi.org/10.1016/j.ejor.2021.06.022

    · Narita, R. E. (2023).
    [Consumption of healthcare services in the United States: The impact of health insuranceLinks to an external site.](https://www.mdpi.com/1911-8074/16/5/277).
    _Journal of Risk and Financial Management_,
    _16_(5), 277. https://doi.org/10.3390/jrfm16050277

    · Pardo, C. (2019).
    [Health care reform, adverse selection and health insurance choiceLinks to an external site.](https://go.openathens.net/redirector/waldenu.edu?url=https://www.sciencedirect.com/science/article/pii/S0167629617310640).
    _Journal of Health Economics_,
    _67_. https://doi.org/10.1016/j.jhealeco.2019.07.001

    **Required Media**

    Walden University, LLC. (2024). Healthcare insurance [Video]. Walden University Canvas. https://waldenu.instructure.com

    **## Week3DiscussionResponse-HealthcareFinance.docx**

    **Week 3 Discussion Response**

    **Healthcare Finance**

    **Colleague 1**

    **Aisha Brinkley-Flowers**

    **Semoine Brinkley-Flowers**

    In this scenario, the employer is responsible for offering equitable, comprehensive health insurance that pools risk across both younger, healthier employees and older employees with chronic diabetes. Employer-sponsored insurance functions as a risksharing mechanism that spreads predictable medical costs across the workforce and reduces individual underwriting (Getzen & Kobernick, 2022). Because 40% of employees fall within the 40–50 age group and have chronic diabetes, the employer must ensure that the plan includes robust chronic disease management, preventive services, and affordable access to medications. This obligation supports workforce productivity and aligns itself with managed care principles.

    The government’s obligation is to establish regulatory protections, such as essential health benefits, nondiscrimination rules, and pre-existing condition protections, while providing safetynet coverage for individuals whose income or employment status limits access to employer-sponsored insurance. Federal reforms such as Medicaid expansion and marketplace subsidies aim to reduce adverse selection and stabilize insurance markets (Frederick et al., 2022). Thus, government oversight ensures minimum coverage standards, while employer plans operationalize those standards within the workplace.

    **Impact of Moral Hazard and Adverse Selection**

    Moral hazard occurs when insured individuals increase their use of healthcare services because their outofpocket costs are reduced. Younger employees may overuse lowvalue services if cost-sharing is too low, while older employees with diabetes may increase utilization of necessary chronic care. Research demonstrates that tiered cost-sharing can reduce spending while preserving access to essential services by steering patients toward highvalue providers (Ackley, 2022). Therefore, moral hazard should be managed through valuebased insurance design (VBID) rather than high deductibles alone.

    Adverse selection occurs when individuals with higher expected healthcare costs disproportionately enroll in more generous plans. Employer-sponsored insurance mitigates this risk because enrollment is tied to employment rather than individual health status. However, offering multiple plans with significantly different benefit levels can reintroduce adverse selection, as higherrisk employees may choose richer plans (Pardo, 2019). To avoid this, the employer should maintain a single comprehensive plan or ensure that any plan variations are modest and actuarially balanced.

    **Role of Social Determinants of Health in Insurance Design**

    Social determinants of health (SDOH) including income, education, transportation, and access to healthy food directly influence employees’ ability to use their insurance benefits. For employees with diabetes, access to nutrition counseling, diabetes education, and transportationfriendly options such as telehealth is essential. Narita (2023) emphasizes that insurance design significantly shapes healthcare consumption patterns, particularly among lowerincome individuals who may delay care when cost-sharing is high. Therefore, the employer must design a plan that minimizes financial barriers to highvalue care and supports chronic disease management through integrated services.

    **Recommended Employer Health Insurance Policy**

    For a construction company, where the workforce often includes younger, healthier employees alongside older workers with chronic conditions, a strong managed care option is a High-Deductible Health Plan (HDHP) paired with a Health Savings Account (HSA) or Health Reimbursement Arrangement (HRA). This structure provides cost control for the employer while offering employees taxadvantaged savings for medical expenses. When paired with Value-Based Insurance Design (VBID), the plan can maintain affordability for highvalue services even within a highdeductible framework.

    The VBID Center (2020) emphasizes that VBID lowers or eliminates cost-sharing for highvalue services—such as preventive care, chronic disease medications, and diabetes management—while maintaining higher cost-sharing for lowvalue or discretionary services (VBID Center, 2020). This approach aligns with evidence that tiered cost-sharing preserves necessary care while reducing unnecessary utilization (Ackley, 2022).

    **Key components of the recommended plan include:**

    ·
    **HDHP + HSA/HRA**

    · Allow employees to save pretax dollars for medical expenses.

    · Provides employer flexibility and cost predictability.

    · Encourages price sensitivity for lowvalue services.

    ·
    **VBID overlay**

    ·
    **$0–low copays** for diabetes medications, A1c testing, retinal exams, and preventive services.

    · Reduced cost-sharing for highvalue chronic disease management.

    · Higher cost-sharing for lowvalue or discretionary services.

    ·
    **Moderate premiums with employer covering ≥70–80%**

    · Ensures affordability and broad participation, reducing adverse selection.

    ·
    **Integrated chronic disease management**

    · Telehealth, nutrition counseling, diabetes education, and wellness programs.

    This design aligns with managed care principles described by Getzen and Kobernick (2022) and supports risk management strategies outlined by Pink and Song (2020). It also addresses SDOH by reducing financial barriers, simplifying benefit navigation, and supporting chronic disease management for the higherrisk employee group.

    **References**

    Ackley, C. A. (2022).
    _Tiered cost sharing and health care demand_.
    _Journal of Health Economics, 85_. https://doi.org/10.1016/j.jhealeco.2022.102663

    Frederick, J. D., Fung, D. W. H., Yang, C. C., & Yeh, J. J. H. (2022). Individual health insurance reforms in the U.S.: Expanding interstate markets, Medicare for all, or Medicaid for all?
    _European Journal of Operational Research, 297_(2), 753–765. https://doi.org/10.1016/j.ejor.2021.06.022

    Getzen, T. E., & Kobernick, M. S. (2022).
    _Health economics & financing_ (6th ed.). Wiley.

    Narita, R. E. (2023). Consumption of healthcare services in the United States: The impact of health insurance.
    _Journal of Risk and Financial Management, 16_(5), 277. https://doi.org/10.3390/jrfm16050277

    Pardo, C. (2019). Health care reform, adverse selection and health insurance choice.
    _Journal of Health Economics, 67_. https://doi.org/10.1016/j.jhealeco.2019.07.001

    Pink, G. H., & Song, P. H. (2020).
    _Gapinski’s understanding healthcare financial management_ (8th ed.). Health Administration Press.

    VBID Center (2020).
    _Narrow networks and value-based insurance design_. University of Michigan V-BID Center.
    [https://vbidcenter.org/narrow-networks-and-value-based-insurance-design/](https://vbidcenter.org/narrow-networks-and-value-based-insurance-design/)

    **Colleague 2**

    **Stephanie Tantoh**

    This report examines the respective responsibilities of employers and the government in providing health insurance, with particular attention to company employees and low-income community members.

    **Employer and Government Obligations**

    1.
    **Employer Obligations**:

    ·
    **Provision of Health Insurance**: Under the Affordable Care Act (ACA), employers with 50 or more full-time equivalent employees must offer health insurance to their employees or pay fines. Employers must provide a plan that is affordable and covers basic health care needs.

    ·
    **Health and Safety Regulations**: Employers must keep the workplace safe, which affects employees' health and the number of insurance claims.

    ·
    **Wellness Programs and Education**: Employers can improve employee health and reduce healthcare costs by providing programs that promote healthy habits and active living.

    1.
    **Government Obligations**:

    ·
    **Regulation**: The government controls the health insurance market to ensure people can get affordable coverage and are not treated unfairly because of pre-existing health conditions (Ahanwa et al., 2025)

    ·
    **Safety Net Programs**: The government offers Medicaid for low-income people and Medicare for older adults. These programs help lower healthcare costs for those who cannot afford insurance.

    ·
    **Public Health Initiatives**: Governments also need to promote public health through programs that focus on long-term illnesses, vaccinations, and preventive care.

    **Impact of Moral Hazard and Adverse Selection**

    1.
    **Moral Hazard**:

    · Moral hazard happens when people act differently because they feel protected from risk. For example, if employees have full health coverage, they might use more healthcare services than necessary, such as extra doctor visits.

    · Employers can reduce moral hazard by adding costs, such as copayments and deductibles, thereby encouraging employees to use healthcare services more carefully and responsibly (Cogan Jr, 2025).

    2.
    **Adverse Selection**:

    · Adverse selection occurs when people with higher health risks are more likely to obtain insurance, resulting in an uneven distribution of insured individuals. For example, healthier employees might skip health plans if they think the cost is too high, leaving mostly higher-risk employees enrolled.

    · To prevent adverse selection, employers should design health plans that appeal to different employees by offering wellness programs, rewards for healthy habits, and several plan choices.

    **Recommended Health Insurance Policy**

    Drawing from this analysis, employers are encouraged to create a
    **comprehensive, tiered health insurance policy featuring the following element** s:

    1.
    **High-Deductible Health Plan (HDHP) with Health Savings Account (HSA)**: This option has lower monthly costs and lets employees save tax-free for future healthcare expenses, encouraging saving and careful spending on healthcare.

    2.
    **Preventative Care Focus**: Services such as health screenings and vaccinations should be fully covered, with no cost to employees, to encourage them to use these preventive services.

    3.
    **Wellness Programs**: Provide activities that encourage exercise, support mental health, and help manage long-term illnesses. Give rewards like gym memberships or health coaching for joining.

    4.
    **Sliding Scale Premiums**: During enrollment periods, offer plans with premiums that change based on income to help lower-income employees or community members afford good coverage.

    **Addressing Social Determinants of Health**

    The recommended health insurance policy tackles social determinants of health (SDOH) through several targeted strategies:

    ·
    **Economic Stability**: Different plan levels with HDHPs and HSAs help employees control healthcare costs and keep money saved for health emergencies.

    ·
    **Education Access and Quality**: Wellness programs should teach employees about healthy habits and how to manage healthcare costs wisely.

    ·
    **Health Care Access and Quality**: The comprehensive health plan, including preventive care, helps employees access important services that improve their healthcare.

    ·
    **Social and Community Context**: By launching community wellness programs, employers can support low-income individuals, creating a comprehensive healthcare approach that benefits both employees and the community.

    In conclusion, a carefully designed health insurance policy that promotes smart use of services and includes health education helps employers create a healthier workplace, fulfill their duties, and better support employees.

    Reference:

    Ahanwa, E. S., Ikeatu, E. G., & Okeke, D. C. (2025). LEGALLY INCREASING ACCESS TO HEALTHCARE IN NIGERIA THROUGH COMPULSORY HEALTH INSURANCE: A MIRAGE OR REALITY?.
    _NNAMDI AZIKIWE UNIVERSITY JOURNAL OF LAW AND CLINICAL LEGAL EDUCATION_,
    _2_(2).

    Cogan Jr, J. A. (2025). Immoral Hazards.
    _Seton Hall Law Review_,
    _55_(4), 1.

    **## Week3DiscussionResponse-HealthcareFinance.docx**

    **Week 3 Discussion Response**

    **Healthcare Finance**

    **Colleague 1**

    **Aisha Brinkley-Flowers**

    **Semoine Brinkley-Flowers**

    In this scenario, the employer is responsible for offering equitable, comprehensive health insurance that pools risk across both younger, healthier employees and older employees with chronic diabetes. Employer-sponsored insurance functions as a risksharing mechanism that spreads predictable medical costs across the workforce and reduces individual underwriting (Getzen & Kobernick, 2022). Because 40% of employees fall within the 40–50 age group and have chronic diabetes, the employer must ensure that the plan includes robust chronic disease management, preventive services, and affordable access to medications. This obligation supports workforce productivity and aligns itself with managed care principles.

    The government’s obligation is to establish regulatory protections, such as essential health benefits, nondiscrimination rules, and pre-existing condition protections, while providing safetynet coverage for individuals whose income or employment status limits access to employer-sponsored insurance. Federal reforms such as Medicaid expansion and marketplace subsidies aim to reduce adverse selection and stabilize insurance markets (Frederick et al., 2022). Thus, government oversight ensures minimum coverage standards, while employer plans operationalize those standards within the workplace.

    **Impact of Moral Hazard and Adverse Selection**

    Moral hazard occurs when insured individuals increase their use of healthcare services because their outofpocket costs are reduced. Younger employees may overuse lowvalue services if cost-sharing is too low, while older employees with diabetes may increase utilization of necessary chronic care. Research demonstrates that tiered cost-sharing can reduce spending while preserving access to essential services by steering patients toward highvalue providers (Ackley, 2022). Therefore, moral hazard should be managed through valuebased insurance design (VBID) rather than high deductibles alone.

    Adverse selection occurs when individuals with higher expected healthcare costs disproportionately enroll in more generous plans. Employer-sponsored insurance mitigates this risk because enrollment is tied to employment rather than individual health status. However, offering multiple plans with significantly different benefit levels can reintroduce adverse selection, as higherrisk employees may choose richer plans (Pardo, 2019). To avoid this, the employer should maintain a single comprehensive plan or ensure that any plan variations are modest and actuarially balanced.

    **Role of Social Determinants of Health in Insurance Design**

    Social determinants of health (SDOH) including income, education, transportation, and access to healthy food directly influence employees’ ability to use their insurance benefits. For employees with diabetes, access to nutrition counseling, diabetes education, and transportationfriendly options such as telehealth is essential. Narita (2023) emphasizes that insurance design significantly shapes healthcare consumption patterns, particularly among lowerincome individuals who may delay care when cost-sharing is high. Therefore, the employer must design a plan that minimizes financial barriers to highvalue care and supports chronic disease management through integrated services.

    **Recommended Employer Health Insurance Policy**

    For a construction company, where the workforce often includes younger, healthier employees alongside older workers with chronic conditions, a strong managed care option is a High-Deductible Health Plan (HDHP) paired with a Health Savings Account (HSA) or Health Reimbursement Arrangement (HRA). This structure provides cost control for the employer while offering employees taxadvantaged savings for medical expenses. When paired with Value-Based Insurance Design (VBID), the plan can maintain affordability for highvalue services even within a highdeductible framework.

    The VBID Center (2020) emphasizes that VBID lowers or eliminates cost-sharing for highvalue services—such as preventive care, chronic disease medications, and diabetes management—while maintaining higher cost-sharing for lowvalue or discretionary services (VBID Center, 2020). This approach aligns with evidence that tiered cost-sharing preserves necessary care while reducing unnecessary utilization (Ackley, 2022).

    **Key components of the recommended plan include:**

    ·
    **HDHP + HSA/HRA**

    · Allow employees to save pretax dollars for medical expenses.

    · Provides employer flexibility and cost predictability.

    · Encourages price sensitivity for lowvalue services.

    ·
    **VBID overlay**

    ·
    **$0–low copays** for diabetes medications, A1c testing, retinal exams, and preventive services.

    · Reduced cost-sharing for highvalue chronic disease management.

    · Higher cost-sharing for lowvalue or discretionary services.

    ·
    **Moderate premiums with employer covering ≥70–80%**

    · Ensures affordability and broad participation, reducing adverse selection.

    ·
    **Integrated chronic disease management**

    · Telehealth, nutrition counseling, diabetes education, and wellness programs.

    This design aligns with managed care principles described by Getzen and Kobernick (2022) and supports risk management strategies outlined by Pink and Song (2020). It also addresses SDOH by reducing financial barriers, simplifying benefit navigation, and supporting chronic disease management for the higherrisk employee group.

    **References**

    Ackley, C. A. (2022).
    _Tiered cost sharing and health care demand_.
    _Journal of Health Economics, 85_. https://doi.org/10.1016/j.jhealeco.2022.102663

    Frederick, J. D., Fung, D. W. H., Yang, C. C., & Yeh, J. J. H. (2022). Individual health insurance reforms in the U.S.: Expanding interstate markets, Medicare for all, or Medicaid for all?
    _European Journal of Operational Research, 297_(2), 753–765. https://doi.org/10.1016/j.ejor.2021.06.022

    Getzen, T. E., & Kobernick, M. S. (2022).
    _Health economics & financing_ (6th ed.). Wiley.

    Narita, R. E. (2023). Consumption of healthcare services in the United States: The impact of health insurance.
    _Journal of Risk and Financial Management, 16_(5), 277. https://doi.org/10.3390/jrfm16050277

    Pardo, C. (2019). Health care reform, adverse selection and health insurance choice.
    _Journal of Health Economics, 67_. https://doi.org/10.1016/j.jhealeco.2019.07.001

    Pink, G. H., & Song, P. H. (2020).
    _Gapinski’s understanding healthcare financial management_ (8th ed.). Health Administration Press.

    VBID Center (2020).
    _Narrow networks and value-based insurance design_. University of Michigan V-BID Center.
    [https://vbidcenter.org/narrow-networks-and-value-based-insurance-design/](https://vbidcenter.org/narrow-networks-and-value-based-insurance-design/)

    **Colleague 2**

    **Stephanie Tantoh**

    This report examines the respective responsibilities of employers and the government in providing health insurance, with particular attention to company employees and low-income community members.

    **Employer and Government Obligations**

    1.
    **Employer Obligations**:

    ·
    **Provision of Health Insurance**: Under the Affordable Care Act (ACA), employers with 50 or more full-time equivalent employees must offer health insurance to their employees or pay fines. Employers must provide a plan that is affordable and covers basic health care needs.

    ·
    **Health and Safety Regulations**: Employers must keep the workplace safe, which affects employees' health and the number of insurance claims.

    ·
    **Wellness Programs and Education**: Employers can improve employee health and reduce healthcare costs by providing programs that promote healthy habits and active living.

    1.
    **Government Obligations**:

    ·
    **Regulation**: The government controls the health insurance market to ensure people can get affordable coverage and are not treated unfairly because of pre-existing health conditions (Ahanwa et al., 2025)

    ·
    **Safety Net Programs**: The government offers Medicaid for low-income people and Medicare for older adults. These programs help lower healthcare costs for those who cannot afford insurance.

    ·
    **Public Health Initiatives**: Governments also need to promote public health through programs that focus on long-term illnesses, vaccinations, and preventive care.

    **Impact of Moral Hazard and Adverse Selection**

    1.
    **Moral Hazard**:

    · Moral hazard happens when people act differently because they feel protected from risk. For example, if employees have full health coverage, they might use more healthcare services than necessary, such as extra doctor visits.

    · Employers can reduce moral hazard by adding costs, such as copayments and deductibles, thereby encouraging employees to use healthcare services more carefully and responsibly (Cogan Jr, 2025).

    2.
    **Adverse Selection**:

    · Adverse selection occurs when people with higher health risks are more likely to obtain insurance, resulting in an uneven distribution of insured individuals. For example, healthier employees might skip health plans if they think the cost is too high, leaving mostly higher-risk employees enrolled.

    · To prevent adverse selection, employers should design health plans that appeal to different employees by offering wellness programs, rewards for healthy habits, and several plan choices.

    **Recommended Health Insurance Policy**

    Drawing from this analysis, employers are encouraged to create a
    **comprehensive, tiered health insurance policy featuring the following element** s:

    1.
    **High-Deductible Health Plan (HDHP) with Health Savings Account (HSA)**: This option has lower monthly costs and lets employees save tax-free for future healthcare expenses, encouraging saving and careful spending on healthcare.

    2.
    **Preventative Care Focus**: Services such as health screenings and vaccinations should be fully covered, with no cost to employees, to encourage them to use these preventive services.

    3.
    **Wellness Programs**: Provide activities that encourage exercise, support mental health, and help manage long-term illnesses. Give rewards like gym memberships or health coaching for joining.

    4.
    **Sliding Scale Premiums**: During enrollment periods, offer plans with premiums that change based on income to help lower-income employees or community members afford good coverage.

    **Addressing Social Determinants of Health**

    The recommended health insurance policy tackles social determinants of health (SDOH) through several targeted strategies:

    ·
    **Economic Stability**: Different plan levels with HDHPs and HSAs help employees control healthcare costs and keep money saved for health emergencies.

    ·
    **Education Access and Quality**: Wellness programs should teach employees about healthy habits and how to manage healthcare costs wisely.

    ·
    **Health Care Access and Quality**: The comprehensive health plan, including preventive care, helps employees access important services that improve their healthcare.

    ·
    **Social and Community Context**: By launching community wellness programs, employers can support low-income individuals, creating a comprehensive healthcare approach that benefits both employees and the community.

    In conclusion, a carefully designed health insurance policy that promotes smart use of services and includes health education helps employers create a healthier workplace, fulfill their duties, and better support employees.

    Reference:

    Ahanwa, E. S., Ikeatu, E. G., & Okeke, D. C. (2025). LEGALLY INCREASING ACCESS TO HEALTHCARE IN NIGERIA THROUGH COMPULSORY HEALTH INSURANCE: A MIRAGE OR REALITY?.
    _NNAMDI AZIKIWE UNIVERSITY JOURNAL OF LAW AND CLINICAL LEGAL EDUCATION_,
    _2_(2).

    Cogan Jr, J. A. (2025). Immoral Hazards.
    _Seton Hall Law Review_,
    _55_(4), 1.

    **## Week3LearningResources-HealthcareFinance.docx**

    **Week 3 Learning Resources**

    **Healthcare Finance**

    **Required Reading**

    · Getzen, T. E., & Kobernick, M. S. (2022).
    _Health economics & financing_ (6th ed.). Wiley.

    · Chapter 4, “Financing Medical Care: Health Insurance Contracts: Managed Care” (pp. 63–95)

    · Pink, G. H., & Song, P. H. (2020).
    _Gapinski’s understanding healthcare financial management_ (8th ed.). Health Administration Press.

    · Chapter 12, “Project Risk Analysis” (pp. 459–503)

    · Ackley, C. A. (2022).
    [Tiered cost sharing and health care demandLinks to an external site.](https://go.openathens.net/redirector/waldenu.edu?url=https://www.sciencedirect.com/science/article/pii/S0167629622000807).
    _Journal of Health Economics_,
    _85_. https://doi.org/10.1016/j.jhealeco.2022.102663

    · Frederick, J. D., Fung, D. W. H., Yang, C. C., & Yeh, J. J. H. (2022).
    [Individual health insurance reforms in the U.S.: Expanding interstate markets, Medicare for all, or Medicaid for all?Links to an external site.](https://go.openathens.net/redirector/waldenu.edu?url=https://www.sciencedirect.com/science/article/pii/S0377221721005373) _European Journal of Operational Research_,
    _297_(2), 753–765. https://doi.org/10.1016/j.ejor.2021.06.022

    · Narita, R. E. (2023).
    [Consumption of healthcare services in the United States: The impact of health insuranceLinks to an external site.](https://www.mdpi.com/1911-8074/16/5/277).
    _Journal of Risk and Financial Management_,
    _16_(5), 277. https://doi.org/10.3390/jrfm16050277

    · Pardo, C. (2019).
    [Health care reform, adverse selection and health insurance choiceLinks to an external site.](https://go.openathens.net/redirector/waldenu.edu?url=https://www.sciencedirect.com/science/article/pii/S0167629617310640).
    _Journal of Health Economics_,
    _67_. https://doi.org/10.1016/j.jhealeco.2019.07.001

    **Required Media**

    Walden University, LLC. (2024). Healthcare insurance [Video]. Walden University Canvas. https://waldenu.instructure.com

    **## Week3DiscussionResponse-HealthcareFinance.docx**

    **Week 3 Discussion Response**

    **Healthcare Finance**

    **Colleague 1**

    **Aisha Brinkley-Flowers**

    **Semoine Brinkley-Flowers**

    In this scenario, the employer is responsible for offering equitable, comprehensive health insurance that pools risk across both younger, healthier employees and older employees with chronic diabetes. Employer-sponsored insurance functions as a risksharing mechanism that spreads predictable medical costs across the workforce and reduces individual underwriting (Getzen & Kobernick, 2022). Because 40% of employees fall within the 40–50 age group and have chronic diabetes, the employer must ensure that the plan includes robust chronic disease management, preventive services, and affordable access to medications. This obligation supports workforce productivity and aligns itself with managed care principles.

    The government’s obligation is to establish regulatory protections, such as essential health benefits, nondiscrimination rules, and pre-existing condition protections, while providing safetynet coverage for individuals whose income or employment status limits access to employer-sponsored insurance. Federal reforms such as Medicaid expansion and marketplace subsidies aim to reduce adverse selection and stabilize insurance markets (Frederick et al., 2022). Thus, government oversight ensures minimum coverage standards, while employer plans operationalize those standards within the workplace.

    **Impact of Moral Hazard and Adverse Selection**

    Moral hazard occurs when insured individuals increase their use of healthcare services because their outofpocket costs are reduced. Younger employees may overuse lowvalue services if cost-sharing is too low, while older employees with diabetes may increase utilization of necessary chronic care. Research demonstrates that tiered cost-sharing can reduce spending while preserving access to essential services by steering patients toward highvalue providers (Ackley, 2022). Therefore, moral hazard should be managed through valuebased insurance design (VBID) rather than high deductibles alone.

    Adverse selection occurs when individuals with higher expected healthcare costs disproportionately enroll in more generous plans. Employer-sponsored insurance mitigates this risk because enrollment is tied to employment rather than individual health status. However, offering multiple plans with significantly different benefit levels can reintroduce adverse selection, as higherrisk employees may choose richer plans (Pardo, 2019). To avoid this, the employer should maintain a single comprehensive plan or ensure that any plan variations are modest and actuarially balanced.

    **Role of Social Determinants of Health in Insurance Design**

    Social determinants of health (SDOH) including income, education, transportation, and access to healthy food directly influence employees’ ability to use their insurance benefits. For employees with diabetes, access to nutrition counseling, diabetes education, and transportationfriendly options such as telehealth is essential. Narita (2023) emphasizes that insurance design significantly shapes healthcare consumption patterns, particularly among lowerincome individuals who may delay care when cost-sharing is high. Therefore, the employer must design a plan that minimizes financial barriers to highvalue care and supports chronic disease management through integrated services.

    **Recommended Employer Health Insurance Policy**

    For a construction company, where the workforce often includes younger, healthier employees alongside older workers with chronic conditions, a strong managed care option is a High-Deductible Health Plan (HDHP) paired with a Health Savings Account (HSA) or Health Reimbursement Arrangement (HRA). This structure provides cost control for the employer while offering employees taxadvantaged savings for medical expenses. When paired with Value-Based Insurance Design (VBID), the plan can maintain affordability for highvalue services even within a highdeductible framework.

    The VBID Center (2020) emphasizes that VBID lowers or eliminates cost-sharing for highvalue services—such as preventive care, chronic disease medications, and diabetes management—while maintaining higher cost-sharing for lowvalue or discretionary services (VBID Center, 2020). This approach aligns with evidence that tiered cost-sharing preserves necessary care while reducing unnecessary utilization (Ackley, 2022).

    **Key components of the recommended plan include:**

    ·
    **HDHP + HSA/HRA**

    · Allow employees to save pretax dollars for medical expenses.

    · Provides employer flexibility and cost predictability.

    · Encourages price sensitivity for lowvalue services.

    ·
    **VBID overlay**

    ·
    **$0–low copays** for diabetes medications, A1c testing, retinal exams, and preventive services.

    · Reduced cost-sharing for highvalue chronic disease management.

    · Higher cost-sharing for lowvalue or discretionary services.

    ·
    **Moderate premiums with employer covering ≥70–80%**

    · Ensures affordability and broad participation, reducing adverse selection.

    ·
    **Integrated chronic disease management**

    · Telehealth, nutrition counseling, diabetes education, and wellness programs.

    This design aligns with managed care principles described by Getzen and Kobernick (2022) and supports risk management strategies outlined by Pink and Song (2020). It also addresses SDOH by reducing financial barriers, simplifying benefit navigation, and supporting chronic disease management for the higherrisk employee group.

    **References**

    Ackley, C. A. (2022).
    _Tiered cost sharing and health care demand_.
    _Journal of Health Economics, 85_. https://doi.org/10.1016/j.jhealeco.2022.102663

    Frederick, J. D., Fung, D. W. H., Yang, C. C., & Yeh, J. J. H. (2022). Individual health insurance reforms in the U.S.: Expanding interstate markets, Medicare for all, or Medicaid for all?
    _European Journal of Operational Research, 297_(2), 753–765. https://doi.org/10.1016/j.ejor.2021.06.022

    Getzen, T. E., & Kobernick, M. S. (2022).
    _Health economics & financing_ (6th ed.). Wiley.

    Narita, R. E. (2023). Consumption of healthcare services in the United States: The impact of health insurance.
    _Journal of Risk and Financial Management, 16_(5), 277. https://doi.org/10.3390/jrfm16050277

    Pardo, C. (2019). Health care reform, adverse selection and health insurance choice.
    _Journal of Health Economics, 67_. https://doi.org/10.1016/j.jhealeco.2019.07.001

    Pink, G. H., & Song, P. H. (2020).
    _Gapinski’s understanding healthcare financial management_ (8th ed.). Health Administration Press.

    VBID Center (2020).
    _Narrow networks and value-based insurance design_. University of Michigan V-BID Center.
    [https://vbidcenter.org/narrow-networks-and-value-based-insurance-design/](https://vbidcenter.org/narrow-networks-and-value-based-insurance-design/)

    **Colleague 2**

    **Stephanie Tantoh**

    This report examines the respective responsibilities of employers and the government in providing health insurance, with particular attention to company employees and low-income community members.

    **Employer and Government Obligations**

    1.
    **Employer Obligations**:

    ·
    **Provision of Health Insurance**: Under the Affordable Care Act (ACA), employers with 50 or more full-time equivalent employees must offer health insurance to their employees or pay fines. Employers must provide a plan that is affordable and covers basic health care needs.

    ·
    **Health and Safety Regulations**: Employers must keep the workplace safe, which affects employees' health and the number of insurance claims.

    ·
    **Wellness Programs and Education**: Employers can improve employee health and reduce healthcare costs by providing programs that promote healthy habits and active living.

    1.
    **Government Obligations**:

    ·
    **Regulation**: The government controls the health insurance market to ensure people can get affordable coverage and are not treated unfairly because of pre-existing health conditions (Ahanwa et al., 2025)

    ·
    **Safety Net Programs**: The government offers Medicaid for low-income people and Medicare for older adults. These programs help lower healthcare costs for those who cannot afford insurance.

    ·
    **Public Health Initiatives**: Governments also need to promote public health through programs that focus on long-term illnesses, vaccinations, and preventive care.

    **Impact of Moral Hazard and Adverse Selection**

    1.
    **Moral Hazard**:

    · Moral hazard happens when people act differently because they feel protected from risk. For example, if employees have full health coverage, they might use more healthcare services than necessary, such as extra doctor visits.

    · Employers can reduce moral hazard by adding costs, such as copayments and deductibles, thereby encouraging employees to use healthcare services more carefully and responsibly (Cogan Jr, 2025).

    2.
    **Adverse Selection**:

    · Adverse selection occurs when people with higher health risks are more likely to obtain insurance, resulting in an uneven distribution of insured individuals. For example, healthier employees might skip health plans if they think the cost is too high, leaving mostly higher-risk employees enrolled.

    · To prevent adverse selection, employers should design health plans that appeal to different employees by offering wellness programs, rewards for healthy habits, and several plan choices.

    **Recommended Health Insurance Policy**

    Drawing from this analysis, employers are encouraged to create a
    **comprehensive, tiered health insurance policy featuring the following element** s:

    1.
    **High-Deductible Health Plan (HDHP) with Health Savings Account (HSA)**: This option has lower monthly costs and lets employees save tax-free for future healthcare expenses, encouraging saving and careful spending on healthcare.

    2.
    **Preventative Care Focus**: Services such as health screenings and vaccinations should be fully covered, with no cost to employees, to encourage them to use these preventive services.

    3.
    **Wellness Programs**: Provide activities that encourage exercise, support mental health, and help manage long-term illnesses. Give rewards like gym memberships or health coaching for joining.

    4.
    **Sliding Scale Premiums**: During enrollment periods, offer plans with premiums that change based on income to help lower-income employees or community members afford good coverage.

    **Addressing Social Determinants of Health**

    The recommended health insurance policy tackles social determinants of health (SDOH) through several targeted strategies:

    ·
    **Economic Stability**: Different plan levels with HDHPs and HSAs help employees control healthcare costs and keep money saved for health emergencies.

    ·
    **Education Access and Quality**: Wellness programs should teach employees about healthy habits and how to manage healthcare costs wisely.

    ·
    **Health Care Access and Quality**: The comprehensive health plan, including preventive care, helps employees access important services that improve their healthcare.

    ·
    **Social and Community Context**: By launching community wellness programs, employers can support low-income individuals, creating a comprehensive healthcare approach that benefits both employees and the community.

    In conclusion, a carefully designed health insurance policy that promotes smart use of services and includes health education helps employers create a healthier workplace, fulfill their duties, and better support employees.

    Reference:

    Ahanwa, E. S., Ikeatu, E. G., & Okeke, D. C. (2025). LEGALLY INCREASING ACCESS TO HEALTHCARE IN NIGERIA THROUGH COMPULSORY HEALTH INSURANCE: A MIRAGE OR REALITY?.
    _NNAMDI AZIKIWE UNIVERSITY JOURNAL OF LAW AND CLINICAL LEGAL EDUCATION_,
    _2_(2).

    Cogan Jr, J. A. (2025). Immoral Hazards.
    _Seton Hall Law Review_,
    _55_(4), 1.

    **## Week3LearningResources-HealthcareFinance.docx**

    **Week 3 Learning Resources**

    **Healthcare Finance**

    **Required Reading**

    · Getzen, T. E., & Kobernick, M. S. (2022).
    _Health economics & financing_ (6th ed.). Wiley.

    · Chapter 4, “Financing Medical Care: Health Insurance Contracts: Managed Care” (pp. 63–95)

    · Pink, G. H., & Song, P. H. (2020).
    _Gapinski’s understanding healthcare financial management_ (8th ed.). Health Administration Press.

    · Chapter 12, “Project Risk Analysis” (pp. 459–503)

    · Ackley, C. A. (2022).
    [Tiered cost sharing and health care demandLinks to an external site.](https://go.openathens.net/redirector/waldenu.edu?url=https://www.sciencedirect.com/science/article/pii/S0167629622000807).
    _Journal of Health Economics_,
    _85_. https://doi.org/10.1016/j.jhealeco.2022.102663

    · Frederick, J. D., Fung, D. W. H., Yang, C. C., & Yeh, J. J. H. (2022).
    [Individual health insurance reforms in the U.S.: Expanding interstate markets, Medicare for all, or Medicaid for all?Links to an external site.](https://go.openathens.net/redirector/waldenu.edu?url=https://www.sciencedirect.com/science/article/pii/S0377221721005373) _European Journal of Operational Research_,
    _297_(2), 753–765. https://doi.org/10.1016/j.ejor.2021.06.022

    · Narita, R. E. (2023).
    [Consumption of healthcare services in the United States: The impact of health insuranceLinks to an external site.](https://www.mdpi.com/1911-8074/16/5/277).
    _Journal of Risk and Financial Management_,
    _16_(5), 277. https://doi.org/10.3390/jrfm16050277

    · Pardo, C. (2019).
    [Health care reform, adverse selection and health insurance choiceLinks to an external site.](https://go.openathens.net/redirector/waldenu.edu?url=https://www.sciencedirect.com/science/article/pii/S0167629617310640).
    _Journal of Health Economics_,
    _67_. https://doi.org/10.1016/j.jhealeco.2019.07.001

    **Required Media**

    Walden University, LLC. (2024). Healthcare insurance [Video]. Walden University Canvas. https://waldenu.instructure.com

    **## Week3DiscussionResponse-HealthcareFinance.docx**

    **Week 3 Discussion Response**

    **Healthcare Finance**

    **Colleague 1**

    **Aisha Brinkley-Flowers**

    **Semoine Brinkley-Flowers**

    In this scenario, the employer is responsible for offering equitable, comprehensive health insurance that pools risk across both younger, healthier employees and older employees with chronic diabetes. Employer-sponsored insurance functions as a risksharing mechanism that spreads predictable medical costs across the workforce and reduces individual underwriting (Getzen & Kobernick, 2022). Because 40% of employees fall within the 40–50 age group and have chronic diabetes, the employer must ensure that the plan includes robust chronic disease management, preventive services, and affordable access to medications. This obligation supports workforce productivity and aligns itself with managed care principles.

    The government’s obligation is to establish regulatory protections, such as essential health benefits, nondiscrimination rules, and pre-existing condition protections, while providing safetynet coverage for individuals whose income or employment status limits access to employer-sponsored insurance. Federal reforms such as Medicaid expansion and marketplace subsidies aim to reduce adverse selection and stabilize insurance markets (Frederick et al., 2022). Thus, government oversight ensures minimum coverage standards, while employer plans operationalize those standards within the workplace.

    **Impact of Moral Hazard and Adverse Selection**

    Moral hazard occurs when insured individuals increase their use of healthcare services because their outofpocket costs are reduced. Younger employees may overuse lowvalue services if cost-sharing is too low, while older employees with diabetes may increase utilization of necessary chronic care. Research demonstrates that tiered cost-sharing can reduce spending while preserving access to essential services by steering patients toward highvalue providers (Ackley, 2022). Therefore, moral hazard should be managed through valuebased insurance design (VBID) rather than high deductibles alone.

    Adverse selection occurs when individuals with higher expected healthcare costs disproportionately enroll in more generous plans. Employer-sponsored insurance mitigates this risk because enrollment is tied to employment rather than individual health status. However, offering multiple plans with significantly different benefit levels can reintroduce adverse selection, as higherrisk employees may choose richer plans (Pardo, 2019). To avoid this, the employer should maintain a single comprehensive plan or ensure that any plan variations are modest and actuarially balanced.

    **Role of Social Determinants of Health in Insurance Design**

    Social determinants of health (SDOH) including income, education, transportation, and access to healthy food directly influence employees’ ability to use their insurance benefits. For employees with diabetes, access to nutrition counseling, diabetes education, and transportationfriendly options such as telehealth is essential. Narita (2023) emphasizes that insurance design significantly shapes healthcare consumption patterns, particularly among lowerincome individuals who may delay care when cost-sharing is high. Therefore, the employer must design a plan that minimizes financial barriers to highvalue care and supports chronic disease management through integrated services.

    **Recommended Employer Health Insurance Policy**

    For a construction company, where the workforce often includes younger, healthier employees alongside older workers with chronic conditions, a strong managed care option is a High-Deductible Health Plan (HDHP) paired with a Health Savings Account (HSA) or Health Reimbursement Arrangement (HRA). This structure provides cost control for the employer while offering employees taxadvantaged savings for medical expenses. When paired with Value-Based Insurance Design (VBID), the plan can maintain affordability for highvalue services even within a highdeductible framework.

    The VBID Center (2020) emphasizes that VBID lowers or eliminates cost-sharing for highvalue services—such as preventive care, chronic disease medications, and diabetes management—while maintaining higher cost-sharing for lowvalue or discretionary services (VBID Center, 2020). This approach aligns with evidence that tiered cost-sharing preserves necessary care while reducing unnecessary utilization (Ackley, 2022).

    **Key components of the recommended plan include:**

    ·
    **HDHP + HSA/HRA**

    · Allow employees to save pretax dollars for medical expenses.

    · Provides employer flexibility and cost predictability.

    · Encourages price sensitivity for lowvalue services.

    ·
    **VBID overlay**

    ·
    **$0–low copays** for diabetes medications, A1c testing, retinal exams, and preventive services.

    · Reduced cost-sharing for highvalue chronic disease management.

    · Higher cost-sharing for lowvalue or discretionary services.

    ·
    **Moderate premiums with employer covering ≥70–80%**

    · Ensures affordability and broad participation, reducing adverse selection.

    ·
    **Integrated chronic disease management**

    · Telehealth, nutrition counseling, diabetes education, and wellness programs.

    This design aligns with managed care principles described by Getzen and Kobernick (2022) and supports risk management strategies outlined by Pink and Song (2020). It also addresses SDOH by reducing financial barriers, simplifying benefit navigation, and supporting chronic disease management for the higherrisk employee group.

    **References**

    Ackley, C. A. (2022).
    _Tiered cost sharing and health care demand_.
    _Journal of Health Economics, 85_. https://doi.org/10.1016/j.jhealeco.2022.102663

    Frederick, J. D., Fung, D. W. H., Yang, C. C., & Yeh, J. J. H. (2022). Individual health insurance reforms in the U.S.: Expanding interstate markets, Medicare for all, or Medicaid for all?
    _European Journal of Operational Research, 297_(2), 753–765. https://doi.org/10.1016/j.ejor.2021.06.022

    Getzen, T. E., & Kobernick, M. S. (2022).
    _Health economics & financing_ (6th ed.). Wiley.

    Narita, R. E. (2023). Consumption of healthcare services in the United States: The impact of health insurance.
    _Journal of Risk and Financial Management, 16_(5), 277. https://doi.org/10.3390/jrfm16050277

    Pardo, C. (2019). Health care reform, adverse selection and health insurance choice.
    _Journal of Health Economics, 67_. https://doi.org/10.1016/j.jhealeco.2019.07.001

    Pink, G. H., & Song, P. H. (2020).
    _Gapinski’s understanding healthcare financial management_ (8th ed.). Health Administration Press.

    VBID Center (2020).
    _Narrow networks and value-based insurance design_. University of Michigan V-BID Center.
    [https://vbidcenter.org/narrow-networks-and-value-based-insurance-design/](https://vbidcenter.org/narrow-networks-and-value-based-insurance-design/)

    **Colleague 2**

    **Stephanie Tantoh**

    This report examines the respective responsibilities of employers and the government in providing health insurance, with particular attention to company employees and low-income community members.

    **Employer and Government Obligations**

    1.
    **Employer Obligations**:

    ·
    **Provision of Health Insurance**: Under the Affordable Care Act (ACA), employers with 50 or more full-time equivalent employees must offer health insurance to their employees or pay fines. Employers must provide a plan that is affordable and covers basic health care needs.

    ·
    **Health and Safety Regulations**: Employers must keep the workplace safe, which affects employees' health and the number of insurance claims.

    ·
    **Wellness Programs and Education**: Employers can improve employee health and reduce healthcare costs by providing programs that promote healthy habits and active living.

    1.
    **Government Obligations**:

    ·
    **Regulation**: The government controls the health insurance market to ensure people can get affordable coverage and are not treated unfairly because of pre-existing health conditions (Ahanwa et al., 2025)

    ·
    **Safety Net Programs**: The government offers Medicaid for low-income people and Medicare for older adults. These programs help lower healthcare costs for those who cannot afford insurance.

    ·
    **Public Health Initiatives**: Governments also need to promote public health through programs that focus on long-term illnesses, vaccinations, and preventive care.

    **Impact of Moral Hazard and Adverse Selection**

    1.
    **Moral Hazard**:

    · Moral hazard happens when people act differently because they feel protected from risk. For example, if employees have full health coverage, they might use more healthcare services than necessary, such as extra doctor visits.

    · Employers can reduce moral hazard by adding costs, such as copayments and deductibles, thereby encouraging employees to use healthcare services more carefully and responsibly (Cogan Jr, 2025).

    2.
    **Adverse Selection**:

    · Adverse selection occurs when people with higher health risks are more likely to obtain insurance, resulting in an uneven distribution of insured individuals. For example, healthier employees might skip health plans if they think the cost is too high, leaving mostly higher-risk employees enrolled.

    · To prevent adverse selection, employers should design health plans that appeal to different employees by offering wellness programs, rewards for healthy habits, and several plan choices.

    **Recommended Health Insurance Policy**

    Drawing from this analysis, employers are encouraged to create a
    **comprehensive, tiered health insurance policy featuring the following element** s:

    1.
    **High-Deductible Health Plan (HDHP) with Health Savings Account (HSA)**: This option has lower monthly costs and lets employees save tax-free for future healthcare expenses, encouraging saving and careful spending on healthcare.

    2.
    **Preventative Care Focus**: Services such as health screenings and vaccinations should be fully covered, with no cost to employees, to encourage them to use these preventive services.

    3.
    **Wellness Programs**: Provide activities that encourage exercise, support mental health, and help manage long-term illnesses. Give rewards like gym memberships or health coaching for joining.

    4.
    **Sliding Scale Premiums**: During enrollment periods, offer plans with premiums that change based on income to help lower-income employees or community members afford good coverage.

    **Addressing Social Determinants of Health**

    The recommended health insurance policy tackles social determinants of health (SDOH) through several targeted strategies:

    ·
    **Economic Stability**: Different plan levels with HDHPs and HSAs help employees control healthcare costs and keep money saved for health emergencies.

    ·
    **Education Access and Quality**: Wellness programs should teach employees about healthy habits and how to manage healthcare costs wisely.

    ·
    **Health Care Access and Quality**: The comprehensive health plan, including preventive care, helps employees access important services that improve their healthcare.

    ·
    **Social and Community Context**: By launching community wellness programs, employers can support low-income individuals, creating a comprehensive healthcare approach that benefits both employees and the community.

    In conclusion, a carefully designed health insurance policy that promotes smart use of services and includes health education helps employers create a healthier workplace, fulfill their duties, and better support employees.

    Reference:

    Ahanwa, E. S., Ikeatu, E. G., & Okeke, D. C. (2025). LEGALLY INCREASING ACCESS TO HEALTHCARE IN NIGERIA THROUGH COMPULSORY HEALTH INSURANCE: A MIRAGE OR REALITY?.
    _NNAMDI AZIKIWE UNIVERSITY JOURNAL OF LAW AND CLINICAL LEGAL EDUCATION_,
    _2_(2).

    Cogan Jr, J. A. (2025). Immoral Hazards.
    _Seton Hall Law Review_,
    _55_(4), 1.