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AMEDD Journal -- Jan - Mar 2012

AMEDD Journal -- Jan - Mar 2012

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Published by Govtfraudlawyer
AMEDD, Ethics, Army
AMEDD, Ethics, Army

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Published by: Govtfraudlawyer on Mar 08, 2012
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January March 2012 
Perspectives
 
1
 
MG David A. Rubenstein; COL Mustapha Debboun; Richard Burton
14 Principles of Ethical Conduct in Practice
 
5
 
COL Jonathan A. Kent; MAJ Joseph B. Topinka
Legal Fundamentals of Contracting for Healthcare
 
10
 
Kim K. Judd, JD
Roadmap for Dealing with Contractor Employees
 
13
 
Kathleen Post, JD
Have You Made an Unauthorized Commitment Lately?
 
15
 
Lt Col (Ret) Eugene J. Smith, USAF
 
Fiscal Law Overview
 
25
 
CPT Juan Lozada-Leoni; Maurice A. Deaver, Jr, JD; MAJ Joseph B. Topinka
Transitioning Third Party Collections from Third World Processes
30
 
Jackey C. Nichols, JD
Expanding Use of Technology Transfer Mechanisms
 
32
Within the Army’s Medical Treatment Facilities
Robert L. Charles, JD
Social Media: Some Things to Consider
37
Before Creating an Online Presence
CPT Adam Jonasz
 Army Medical Training Agreements
 
47
 
Maurice A. Deaver, Jr, JD; Kendra J. Harris
 Affiliation Agreements
55
 
David W. Claypool, JD
Public Health Emergency Law:
58
 A Primer for Leaders and Managers in the Military
MAJ Joseph B. Topinka; Ida Agamy, JD
 Army Paralegals and Paralegal Specialists
 
65
 
MSG Christopher Chouinard
Ethics, contracts, Procurement,
and
More
for
healthcare professionals:
The legal challenges, risks, and solutions
 
LTG Patricia D. Horoho 
The Surgeon General Commander, US Army Medical Command 
MG David A. Rubenstein 
Commanding General US Army Medical Department Center & School 
January March 2012 The Army Medical Department Center & School PB 8-12-1/2/3
Online issues of the
 AMEDD Journal 
are available at http://www.cs.amedd.army.mil/amedd_journal.aspx
A Professional Publicationof the AMEDD Community
The Army Medical Department Journal
[ISSN 1524-0436] is published quarterly forThe Surgeon General by the US Army Medical Dept Center & School, Journal Office, AHSCDD Bldg 4011, 2377 Greeley RD STE T, Fort Sam Houston, TX 78234-7584.Articles published in
The
 
 Army Medical Department Journal
are listed and indexed inMEDLINE, the National Library of Medicine’s premier bibliographic database of lifesciences and biomedical information. As such, the
 Journal’
s articles are readilyaccessible to researchers and scholars throughout the global scientific and academiccommunities.
CORRESPONDENCE:
Manuscripts, photographs, official unit requests to receivecopies, and unit address changes or deletions should be sent to the
 Journal
at theabove address. Telephone: (210) 221-6301, DSN 471-6301
DISCLAIMER:
The
 AMEDD Journal
presents clinical and nonclinical professionalinformation to expand knowledge of domestic & international military medical issuesand technological advances; promote collaborative partnerships among Services,components, Corps, and specialties; convey clinical and health service supportinformation; and provide a peer-reviewed, high quality, print medium to encouragedialogue concerning healthcare initiatives.Appearance or use of a commercial product name in an article published in the
 AMEDD Journal
does not imply endorsement by the US Government.Views expressed are those of the author(s) and do not necessarily reflect official USArmy or US Army Medical Department positions, nor does the content change orsupersede information in other Army Publications. The
 AMEDD Journal
reserves theright to edit all material submitted for publication (see inside back cover).
CONTENT:
Content of this publication is not copyright protected. Material may bereprinted if credit is given to the author(s).
OFFICIAL DISTRIBUTION:
This publication is targeted to US Army MedicalDepartment units and organizations, and other members of the medical communityworldwide.
By Order of the Secretary of the Army:Official:
1128505RAYMOND T. ODIERNO
General, United States Army Chief of Staff 
 
DISTRIBUTION: Special  Administrative Assistant to theSecretary of the Army 
JOYCE E. MORROW
©
 
George
 
Lamson
 
and
 
Studio
 
E,
 
printed
 
with
 
permission.
 
The
 
 AMEDD
 
 Journal
 
is
 
proud
 
to
 
present
 
his
 
artwork
 
specially
 
created
 
for 
 
this
 
issue.
 
 
January – March 2012
1
Two years ago, the January-March 2010 issue of the
 AMEDD Journal
highlighted important legal consider-ations across a number of areas of military medicine. Thearticles in that issue were provided by the legal profes-sionals of the Army Judge Advocate General’s Corps whospecialize in supporting the Army Medical Department.Those articles undoubtedly reacquainted many Armymedical professionals with the enormous legal complexi-ties that surround the practice of medicine, whether mili-tary or civilian, and reminded us of the valuable supportprovided by the Army JAG Corps. These legal special-ists, including attorneys, paralegals, and administrators,provide the counsel, assistance, guidance, and yes, some-times intervention, that make it possible for those of us inthe practice of military medicine to do what we should dobest, care for the health and well-being of our Soldiers,their Families, and military retirees.The articles in that issue focused primarily on legal con-siderations directly related to the practice of medicine,such as consent to treatment, risk management, humansubject research, and off-duty employment. It was sowell received that the Army Medical Command Staff Judge Advocate was asked for more published discus-sions of the legal aspects of military medicine. In re-sponse, MAJ Joseph Topinka, the Deputy Staff JudgeAdvocate, has assembled another excellent collection of articles addressing additional vitally important areas of military healthcare delivery, including ethics, contract-ing,
scal law, and agreements with civilian agenciesand institutions. While, on the surface, some of thosetopics may appear to clinical practitioners to be some-one else’s problems, the articles in this
 AMEDD Journal
 illustrate the absolute folly of that idea. Every single dayArmy medical professionals have interactions involvingcontractors, funding, and procurement, just to name afew of the areas that may not seem to be of great concernin their daily activities. Unfortunately, an uninformeddecision, a misguided involvement, or an incorrectlyframed agreement can have serious rami
cations, notonly to an individual, but sometimes to an organizationor to the mission of healthcare delivery itself.Clearly, the practice of medicine is an intense, extreme-ly complex responsibility, requiring years of education,training, and experience to achieve the necessary levelsof competence and skills. Sadly, medical professionalsmust also cope with an extraordinarily complicated,exhaustively regulated, and highly litigious societal en-vironment which affects virtually every aspect of theirvocation. Fortunately for those of us in Army medicine,our partners in the MEDCOM Staff Judge Advocate arethere to speci
cally help navigate that byzantine worldof laws, regulations, rules, protocols, and restrictions asadvisers, advocates, and sometimes defenders. Thoselegal professionals have also committed themselves toyears of education, training, and experience to achievetheir positions in the practice of law. They representan invaluable resource that is absolutely necessary forAMEDD’s primary mission to maintain a healthy, sus-tainable, combat-ready
ghting force. Simply stated, wecould not do it without them.
Perspectives
C
OMMANDER
S
I
NTRODUCTION
MG David A. RubensteinE
DITORS
’ P
ERSPECTIVE
The foundation for any successful free society which isbased on the rule of law is the ethical conduct of its mem-bers, and, more signi
cantly, its leaders. A free societycannot be long maintained when individuals and groupsdisregard the communal standards of fairness and mo-rality, placing their own bene
t above all else. Unfortu-nately, in human society, that type of conduct is expect-ed, and laws, rules, and regulations are implementedin an effort to establish an arti
cial conscience amongthose so inclined. Ethical conduct has been the subjectof discussions and writings since humans began livingtogether in structured societies, and great philosophersand ethicists have endlessly pondered its successes andfailures. In their article, COL Jonathan Kent and MAJJoseph Topinka explain the concept of expected ethi-cal conduct among those in government service using14 common sense principles. These clearly de
ned andexplained principles appear to be obvious, not requiringan understanding of anything more than simple decencyand respect for others in the society in which we live.However, the reader will quickly recognize how many of these principles are constantly violated, or “bent” to thebene
t of the violator. The article cites the various lawsand military regulations that attempt to institutionalizeexpected behavior at the risk of penalty, but, as arrestsand convictions all too regularly demonstrate, even the

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