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Example research essay topic: American Nurses Association Code Of Ethics - 2,101 words

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Whistle Blowing on a College is Unacceptable During resent years the issue of whistle blowing took attention of many people including professional organizations. As youngsters, we learn that being a tattletale is bad, and we see how children shun the child caught snitching on another. In large measure, the same attitude toward tattletales holds true for adults. Being a tattletale, or in the vernacular of the professional environment, a whistle-blower, often results in a negative response from coworkers and even neighbors. I have heard of instances where whistle-blowers have experienced so much negative reaction that they have had to move out of their communities.

The issue of whistle-blowing concerns healthcare finance professionals because of the possibility that employees may file qui tam lawsuits as whistle-blowers against the organizations. Of greater concern, perhaps, is the possibility of the healthcare finance professional being placed in the position of becoming a whistle-blower. The issue is troubling because there is an inherent conflict between an employees loyalty to the organization and the employees potential legal obligation to report apparently fraudulent activities to the proper authorities. Complicating the matter is the potential for significant financial gain for the whistle-blower if he or she does report such activities. (Clarke, 58) A whistle-blower lawsuit, as defined in the Federal False Claims Act, occurs when a person sues an entity, usually the persons employer, if that person believes the entity has submitted fraudulent claims for payment to the United States government. The person who files a suit must be an original source of the information by having direct and independent knowledge of the potential violation or fraudulent act. If the government elects to prosecute a case, and the finding is in favor of the government, the whistle-blower can receive between 15 and 20 percent of the settlement amount, plus reimbursement for expenses.

If the government elects not to prosecute a case, the whistle-blower can still proceed with a suit, and if successful, can receive as much as 30 percent of the settlement, plus expenses. Given the potential for multimillion-dollar settlements, the incentive to blow the whistle on one's employer is strong. (Case study) When considering the ethics of whistle-blowing, a finance professional must first rely on his or her own ethical framework. As I wrote in the September 1997 issue of this magazine, ... the first step toward dealing with corporate compliance is to confirm your personal standards of performance - your personal compliance plan. I also noted that the HFMA Code of Ethics can serve as that ethical framework. One part of the Code deals with practicing honesty and maintaining personal integrity, including avoidance of conflicts of interest with those of my employer.

Does this clause suggest that whistle-blowing on an employer is a conflict of interest? Well, it depends. It depends on the motivation of the employee. If the motivation is solely self-enrichment at the expense of the employer, I believe that can be viewed as a conflict of interest with that of the employer.

I feel an employee has an ethical obligation to the employer to use the employer's mechanisms - informal or formal - to report an alleged violation and, if possible, to help correct the problem. It also depends on the employer. I believe the employer has an ethical obligation to the employee to provide and publicize a safe and convenient mechanism for reporting violations or irregularities that raise compliance concerns. An effective corporate compliance program, with appropriate communication channels to facilitate employee reporting and a mechanism to ensure the employers response to an employees concerns, can be critical to fulfilling this obligation. When an employee attempts to point out a compliance problem or concern, and the employer does nothing or rebukes the employee, the employer has violated its obligations to the employee, to its stakeholders, and to the public. If a fraudulent activity continues to occur and an employee exhausts all the avenues available to correct the problem with no response from the employer, then the employee has an ethical and, probably a legal obligation to take steps to stop the alleged fraudulent activity. (van Buitenen) If an employee is considering a whistle-blowing option, however, it is critical that the employee seek the advice of competent legal counsel before acting.

And whistle-blowing, I believe, should be the absolute last option for an employee. Moreover, when whistle-blowing becomes the only option, an employees primary motivation should never be personal financial gain; instead, an employee should act in accordance with the highest ethical standards for the good of the public and the healthcare finance profession. In an open letter to the president signed by the Government Accountability Project, the National Whistleblower Center and the Free Congress Foundation, among others, Bush is urged to sign on to new legislation that a bipartisan group of senators and congressmen is planning to introduce. The new provisions would firm up the 1989 law by codifying the no-loopholes legislative history of whistle-blower protection and restoring anti harassment rights for all serious disclosures of wrongdoing or abuse.

Your leadership is needed even more to defend those already heeding your call: whistle-blowers who exercise free-speech rights to challenge bureaucratic betrayals of public trust sustained by secrecy, the April 5 open letter says. It goes on to say: Today, the protections for whistle-blowers- three times unanimously affirmed by Congress- are as illusory as at any time in recent memory. (Clarke, 68) In a memorandum to department heads on Jan. 20, Bush specifically called upon employees to disclose waste, fraud, abuse and corruption to the appropriate authorities. The Federal Circuit Court of Appeals has a monopoly on judicial review of the histleblower Protection Act. In a recent decision, White v. Lachance, the court ruled that whistle-blower disclosures do not deserve protection against harassment in the absence of irrefragable proof of wrongdoing. Furthermore, the court also has directed the Merit System Protection Board, an administrative review panel, to collect evidence about the motives for whistle-blowing to see if there were any conflicts of evidence.

The Government Accountability Project and other groups also want to see the monopoly of judicial review taken away from the Federal Circuit Court of Appeals. The issue of whistle blowing is often considered in nursing business. You were taught that nurses are patient advocates, that a nurses greatest duty is to safeguard his or her patients and the public- a duty clearly defined in the American Nurses Associations Code of Ethics for Nurses with Interpretive Statements. (Case study) And you value that role. You want to protect patients and the public from incompetent, dishonest, or impaired practitioners. But before you blow the whistle on unsafe, unethical, or illegal practices, it's crucial for you to understand whats at stake, how to speak up, and what to say. First, a definition: Whistle blowing refers to the act of going public- often to a regulatory agency, licensing board, or the press- to disclose or warn of a serious danger, illegal or unethical practice, or other wrongdoing by an individual or organization.

Typically, taking your complaint up the chain of command within your own institution is a starting point. (Its also the end point if the problem is resolved internally. ) To take a complaint beyond that involves a serious commitment, and any nurse who proceeds needs to be aware of the possible consequences. Never assume, for example, that doing the right thing will protect you, or that others will respect you as a result. On the contrary, speaking up, repeatedly if necessary, could get you fired unless youre protected by a union contract or other formal employment agreement. Thats because most nurses, like most workers nationwide, are at-will employees, subject to dismissal for good reason, bad reason, or no reason at all. Thats not to say you should never speak out, of course.

Case law and state and federal statutes may afford some measure of protection, and many state courts have allowed a public policy exception to the at-will doctrine, which may provide some recourse to employees who are fired for whistle blowing. But the scope of this exception is narrow, and it's typically allowed if the reported infraction violates a specific law rather than a hospital policy. (Clarke, 146) At the state level, while many have enacted whistleblower laws, they often apply only to state employees or to certain types of workers. And many have a provision like the one in Floridas Whistleblowers Act that nurses ignore at their peril: To be protected against any retaliatory personnel action for disclosing or threatening to disclose an employers wrongdoing, the individual must first have reported it internally in writing- and given the employer a reasonable opportunity to correct it. (Case study 2) While whistleblower laws offer some protection, they point to the importance of first working through the employers chain of command and internal procedures, a step many nurses may overlook, or start but fail to complete. For example, a Florida nurse who was fired for blowing the whistle on patient abuse in a nursing home lost her wrongful discharge case because she couldn't produce evidence that she had followed the proper internal protocol for filing a complaint. (Case study 3) Similarly, an RN in New York who reported her facility for violating local nonsmoking regulations without going through its internal reporting and grievance procedures learned she had no basis on which to fight her subsequent dismissal. (Case study 4) Before making any complaint, even internally, gather the facts. Read the relevant laws, policies, procedures, standards of care, and any other related material. Clarify the issues and make sure your concerns are well founded.

Ask yourself: Does the practice violate an actual law or provision, or does it simply strike you as unfair? Or, if you believe UAPs are doing work they shouldnt be doing, review your hospital policy manual to be sure youre right. Know your states laws requiring mandatory reporting. In cases where you have a legal mandate to report, such as suspected child or elder abuse, adhere to the mandated process to the letter. In cases where theres no legal mandate to report, start by talking to your supervisor about the problem.

Follow up with a written (typed) complaint, with your supporting evidence. Dont hand write, but type your documentation of the day, date, time, and circumstances of the incident you " re concerned about, and any witnesses to it. A well-written and well-documented complaint that sets out the facts and concerns, not your opinions, is essential. Under no circumstances should you photocopy patient records or incident reports, or breach a patient's privacy in any way.

Keep a copy of your complaint for your records, and send a copy to the director of nursing or to anyone in another department who has a stake in the case. If the complaint involves patient care, consider reporting to the quality assessment or risk management department, or the office of patient care. Go to your hospitals bio-ethics committee if ethical issues are involved. To report the actions of one or more physicians, take your complaint to the department chair or head of the medical staff and consider seeking out internal peer review committees.

Hospitals, nursing homes, and home health agencies are licensed and regulated at many levels, particularly if they receive funding from Medicare, Medicaid, or other government programs. Each regulatory agency has hotlines and procedures for reporting violations- often anonymously. If you find yourself working under unsafe conditions, your local Occupational Safety and Health Administration office can help you determine whether your employer may be in violation of state or federal regulations. To summarize the research we have to say that whistle blowing on a college is an unacceptable way of behaving in modern corporation.

This may lead to negative outcomes in the relationships between employees and it also is considered to be a kind of unethical behaviour. Dont overlook local agencies, such as long-term-care ombudsmen, adult and child protective services, city or county consumer protection agencies, and other social service advocacy groups. Some have the authority to investigate complaints and demand remedies. Many accept anonymous complaints- a practice you should always look for- or keep confidential the identity of anyone filing a report. Bibliography: Richard L. Clarke The ethics of whistle-blowing.

New York: Viking Press, 1999. Paul van Buitenen, Blowing the Whistle, Politicos Publishing, 2002. American Nurses Association. (1985). Code of ethics for nurses with interpretive statements.

Washington, DC: American Nurses Association. Fla. Sta. 448. 102 (2000). Hyde v. Beverly Enterprises-Florida, Inc. 12 Fla. L Weekly Fed.

D 440 (1999). Bompane v. Enzo labs, Inc. 608 N. Y. S. 2 d 989 (1994).


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Research essay sample on American Nurses Association Code Of Ethics

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