If any parts of the contract are not completed to each party expectations this

If any parts of the contract are not completed to

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any parts of the contract are not fulfilled. If any parts of the contract are not completed to each party expectations this will cause a breach of contract (McVicker, 2011). The process to ensure contracts meet legal requirements must involve revision by a health care law attorney to include, at least, basic elements in the contract, such as, identity of the parties, products (for example, PPO), transaction fee schedule, payment time-frame, disclosure of benefits, termination clauses, key term definitions, and obligation to be met by the parties involved. Contracts’ ethical compliance need to uphold autonomy, nonmaleficence, beneficence, and justice. The contract might be upholding, but if the moral philosophy and beliefs view an action as wrong, legal processes will ensue. For example, a New Hampshire and California courts did not enforce contract provision, instead cited the violation of the right of fair procedure
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LEGAL RISKS OF HEALTH CARE CONTRACTS 3 and violation of public policy, in the cases of Potvin and Harper contract termination ‘without cause’, respectively. CONCLUSION Managed care contracts detail specific expectations and consequences and should be reviewed carefully. Any revisions to the contract should be made by a health care attorney to ensure compliance. Both the managed care organization and the physician must ensure that the four basic health care ethics are being met and upheld. References American Medical Association. (2009). Making informed contracting decisions with regard to rental network preferred provider network agreements. Retrieve from - assn.org/resources/doc/psa/aappo-toolkit.pdf Harris, D.M. (2007). Contemporary issues in healthcare law and ethics (3 rd ed.). Chicago, IL: Health Administration Press. Washington, DC: AUPHA Press. McVicker, E. (2011). Turning Risks into Opportunities in Contract Management: A case study in the health care industry. American Journal of Economics & Business Administration 3(2). 224-233
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  • Fall '14
  • attorney, Health Administration Press, health care contracts

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