Discussion Post: Violation of Pharmacist Guideline and Breach of Contract
Part A: Violation of Pharmacist Guideline
"Most Medicare Prescription Drug Plans have a coverage gap (which is also called the "donut hole"). This means there is a temporary limit on what the drug plan will cover for drugs." Click here to review and analyze additional information on coverage gap.
Now, analyze the following scenario.
A pharmacist submits Medicare claims for brand name medication instead of following the guidelines to provide the patients with the less expensive, generic medicines.
Respond to the following:
o Which law, if any, is violated by the pharmacist?
o By using the Internet, research and provide a similar real-life example.
Part B: Breach of Contract
A contract consists of a voluntary agreement that two parties enter into with the intent of benefitting each other (Fremgen, 2012). Something of value, which is termed consideration, is part of the agreement (Fremgen, 2012). A contract can be either expressed or implied. An express contract is an agreement that clearly states all the terms. It can be entered into orally or in writing (Fremgen, 2012).
A breach of contract occurs when either party fails to comply with the terms of the agreement (Fremgen, 2012). For example, if a physician refuses to perform a medical procedure he or she had agreed to perform, the physician has breached the contract (Fremgen, 2012). If a patient does not pay an agreed-upon fee, then the patient breached the contract with the physician (Fremgen, 2012).
Now, respond to the following questions:
o Find out your state's current court decisions for breach of contract and provide an example of breach of contract affecting a hospital.
o Review and describe the state's methodology for addressing issues pertaining to such a breach of contract.
o Describe how legal procedures have evolved over time to help reduce such occurrences.
o Describe how the breach of contract you identified could have been avoided.
The response should include a reference list. One-inch margins, Using Times New Roman 12 pnt font, double-space and APA style of writing and citations.
Source:
Fremgen, B. (2012). Medical law and ethics. (4th ed.). Boston, MA: Prentice Hall.