Rubic_Print_Format
| Course Code | Class Code | Assignment Title | Total Points | |||||
| HLT-362V | HLT-362V-O500 | Article Analysis 2 | 130.0 | |||||
| Criteria | Percentage | 1: Unsatisfactory (0.00%) | 2: Less Than Satisfactory (65.00%) | 3: Satisfactory (75.00%) | 4: Good (85.00%) | 5: Excellent (100.00%) | Comments | Points Earned |
| Content | 100.0% | |||||||
| Two Quantitative Articles | 10.0% | Fewer than two articles are presented. None of the articles presented use quantitative research. | N/A | Two articles are presented. Of the articles presented, only one articles are based on quantitative research | N/A | Two articles are presented. Both articles are based on quantitative research. | ||
| Article Citation and Permalink | 10.0% | Article citation and permalink are omitted. | Article citation and permalink are presented. There are significant errors. Page numbers are not indicated to cite information, or the page numbers are incorrect. | Article citation and permalink are presented. Article citation is presented in APA format, but there are errors. Page numbers to cite information are missing, or incorrect, in some areas. | Article citation and permalink are presented. Article citation is presented in APA format. Page numbers are used in to cite information. There are minor errors. | Article citation and permalink are presented. Article citation is accurately presented in APA format. Page numbers are accurate and used in all areas when citing information. | ||
| Broad Topic Area/Title | 10.0% | Broad topic area and title are omitted. | Broad topic area and title are referenced but are incomplete. | Broad topic area and title are summarized. There are some minor inaccuracies. | Broad topic area and title are presented. There are some minor errors, but the content overall is accurate. | Broad topic area and title are fully presented and accurate. | ||
| Hypothesis | 10.0% | Definition of hypothesis is omitted. The definition of the hypothesis is incorrect. | Hypothesis is summarized. There are major inaccuracies or omissions. | Hypothesis is generally defined. There are some minor inaccuracies. | Hypothesis is defined. Hypothesis is generally defined. There are some minor inaccuracies. | Hypothesis is accurate and clearly defined. | ||
| Independent and Dependent Variable Type and Data for Variable | 10.0% | Variable types and data for variables are omitted. | Variable types and data for variables are presented. There are major inaccuracies or omissions. | Variable types and data for variables are presented. There are inaccuracies. | Variable types and data for variables are presented. Minor detail is needed for accuracy. | Variable types and data for variables are presented and accurate. | ||
| Population of Interest for the Study | 10.0% | Population of interest for the study is omitted. | Population of interest for the study is presented. There are major inaccuracies or omissions. | Population of interest for the study is presented. There are inaccuracies. | Population of interest for the study is presented. Minor detail is needed for accuracy. | Population of interest for the study is presented and accurate. | ||
| Sample | 10.0% | Sample is omitted. | Sample is presented. There are major inaccuracies or omissions. | Sample is presented. There are inaccuracies. | Sample is presented. Minor detail is needed for accuracy. Page citation for sample information is provided. | Sample is presented and accurate. Page citation for sample information is provided. | ||
| Sampling Method | 10.0% | Sampling method is omitted. | Sampling is presented. There are major inaccuracies or omissions. | Sampling is presented. There are inaccuracies. Page citation for sample information is omitted. | Sampling is presented. Minor detail is needed for accuracy. | Sampling method is presented and accurate. | ||
| How Was Data Collected | 10.0% | The means of data collection are omitted. | The means of data collection are presented. There are major inaccuracies or omissions. | The means of data collection are presented. There are inaccuracies. Page citation for sample information is omitted. | The means of data collection are presented. Minor detail is needed for accuracy. Page citation for sample information is provided. | The means of data collection are presented and accurate. Page citation for sample information is provided. | ||
| Mechanics of Writing (includes spelling, punctuation, grammar, and language use) | 10.0% | Surface errors are pervasive enough that they impede communication of meaning. Inappropriate word choice or sentence construction is employed. | Frequent and repetitive mechanical errors distract the reader. Inconsistencies in language choice (register) or word choice are present. Sentence structure is correct but not varied. | Some mechanical errors or typos are present, but they are not overly distracting to the reader. Correct and varied sentence structure and audience-appropriate language are employed. | Prose is largely free of mechanical errors, although a few may be present. The writer uses a variety of effective sentence structures and figures of speech. | The writer is clearly in command of standard, written, academic English. | ||
| Total Weightage | 100% |
Chapter 3
Antitrust
Learning Objectives
Familiar with primary Federal antitrust laws.
Difference between per se violation and one based on “rule of reason”.
Clayton Act and consolidation of health care organizations.
Legal defenses and enforcement exceptions.
Minimizing risk of antitrust violations.
Seeking advisory opinions from antitrust agencies.
Responding to antitrust enforcement investigation.
Introduction
The sole purpose of antitrust laws is to protect competition.
It is not the intent of the laws to protect a particular business or individual from the consequences of normal market forces, from aggressive competition by other businesses, from competitors that operate more efficiently, and even from unfair or arbitrary conduct that does not hinder competition in the overall market.
Antitrust Violations
A person or organization can violate one of the antitrust laws in two fundamental ways:
through its own independent actions
through a conspiracy with another competitor in the same market
If a co-conspirator is required and none is present, there has been no violation.
Sherman Antitrust Act, Section 1
Prohibits “every contract, combination in the form of trust or otherwise, or conspiracy in restraint of trade or commerce among the several states.” Two or more persons or entities must act together to violate this law. A single person acting along cannot violate Section 1.
The conspiracy need not be based on an express verbal or written agreement among the parties. It may inferred from their deeds.
“Per se” Violations
Under Section 1, certain trade restraints are so serious that they are considered automatic violations, without further analysis.
Price-fixing
Horizontal market allocation agreements
Group boycotts
Tying arrangements
“Rule of Reason” Cases
The majority of cases under Section 1 use the “rule of reason” to balance the pro-competition and anti-competition effects of an arrangement to determine the net impact on competition in the affected market.
The arrangement is more likely to survive if it is short term (1-2 years), open to competitive bidding, and intended for valid purposes.
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Sherman Antitrust Act, Section 2
“Every person who shall monopolize or attempt to monopolize, or combine or conspire with any other person or persons to monopolize any part of the trade or commerce among the several states or with foreign nations shall be deemed guilty of a felony.”
Despite the felony reference, most Section 2 cases are prosecuted under civil complaints.
Sherman Antitrust Act, Section 2
An entity has monopolized if it has monopoly power in a relevant market, and has either acquired/maintained that power by exclusionary/non-competitive means or used the power for exclusionary/non-competitive purposes.
“Monopoly power” is the ability to control prices in the defined market or to exclude competitors from that market.
Clayton Act, Section 7
The Clayton Act focuses on mergers, joint ventures, and other arrangements among two or more entities.
Section 7 prohibits an organization from acquiring all or part of the stock or assets of another organization if the result will be to substantially lessen competition or tend to create a monopoly in a defined market.
Robinson-Patman Act
Illegal to discriminate in price between different purchasers of products or services of similar grade and quality.
Violations occur when an organization (e.g., vendor of hospital supplies) sells the same product to two different hospitals at different prices and the price differential affects competition.
Penalties for Antitrust Violations
In serious cases, criminal convictions are possible, leading to $1 million fines per person, $100 million per organization, and prison terms up to 10 years.
With civil liability, injured party may be awarded 3x the damages it has suffered plus attorneys’ fees.
Defenses to Antitrust Charges
State-action doctrine
Noerr-Pennington exception
Health Care Quality Improvement Act
Non-commercial activities
DOJ/FTC Statements of Antitrust Enforcement Policy in Health Care
Describe health care arrangements that need not fear antitrust prosecution.
Mergers among hospitals
Hospital joint ventures involving high technology or specialized clinical services
Providers’ collective provision of information
Joint purchasing arrangements
Physician network joint ventures
Minimizing Risk of Antitrust Violations
Never talk with competitors about prices
Never seek or accept info about competitors’ practices
Never agree with competitors to divide markets
Never attend meetings where these issues will be discussed
Do not condition sales on reciprocal sales
Requesting Enforcement Agency Advisory Opinions
FTC issues staff Advisory Opinions.
DOJ issues Business Review Letters.
Describe proposed action, obtain statement whether agency would challenge it.
The opinions apply only to the parties requesting them.
A favorable opinion is not an absolute defense if new information becomes available.
Antitrust Compliance Program
Commitment to antitrust law compliance.
Mandatory compliant behavior by employees.
Employee education on antitrust principles.
Mandatory reporting of antitrust misconduct.
Procedure for responding to suspected antitrust violations.
Periodic legal review of high risk areas.
Responding to Antitrust Enforcement Investigation
Contact attorney experienced in antitrust law.
Designate one employee to interact with the investigators.
Maintain maximum attorney-client protection for internal communications.
Instruct employees about rights if contacted by investigators.
Protect documents against destruction.
Questions
Article Analysis: Example 2
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Article Citation and Permalink
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Utens, C. M. A., Goossens, L. M. A., van Schayck, O. C. P., Rutten-van Mölken, M. P. M. H., van Litsenburg, W., Janssen, A., … Smeenk, F. W. J. M. (2013). Patient preference and satisfaction in hospital-at-home and usual hospital care for COPD exacerbations: Results of a randomised controlled trial. International Journal of Nursing Studies, 50, 1537–1549. doi.org/10.1016/j.ijnurstu.2013.03.006
Link: https://www.ncbi.nlm.nih.gov/pubmed/23582671 (Include permalink for articles from GCU Library.)
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Point |
Description |
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Broad Topic Area/Title |
The differences in preference and satisfaction based upon hospital care location for COPD exacerbations. |
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Define Hypotheses |
Hypothesis not stated. Below is an example from the study: H0: There is no difference in satisfaction levels based upon treatment location. H1: There is a difference in satisfaction levels based upon treatment locations.
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Define Variables and Types of Data for Variables |
Treatment Location - categorical - “home treatment” and “hospital treatment” Satisfaction - Ordinal Scale (1-5) Preference - categorical “home treatment” and “hospital treatment”
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Population of Interest for the Study |
COPD exacerbation patients from five hospitals and three home care organizations |
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Sample |
139 patients 69 from the usual hospital care group 70 from the early assisted discharge care group |
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Sampling Method |
Mixed methods; quantitative was randomized sampling |
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How Were Data Collected? |
A questionnaire with both open-ended questions and questions with a scale of 1-5 (p. 1539) |
© 2019. Grand Canyon University. All Rights Reserved.
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Article Analysis 2
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Article Citation and Permalink (APA format)
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Article 1 |
Article 2 |
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Point |
Description |
Description |
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Broad Topic Area/Title |
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Define Hypotheses |
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Define Independent and Dependent Variables and Types of Data for Variables |
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Population of Interest for the Study |
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Sample |
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Sampling Method |
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How Were Data Collected? |
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© 2019. Grand Canyon University. All Rights Reserved.
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