Law & Ethics: A Marriage of Necessity

 At 10:15 a.m. on Tuesday, Ellen Fink-Samnick, MSW, ACSW, LCSW, CCM, CRP, and Lynn S. Muller, JD, RN, BA-HCM, CCM, spoke to a packed room about the responsibilities of professional case managers with regard to the legal and ethical issues that affect the profession. They noted the importance of differentiating between laws, regulations, standards, and codes and emphasized the importance of applying a strategic plan for problem solving in diverse practice settings.

Change is the only constant case managers have, Fink-Samnick said, noting the evolution of care delivery models, as well as the uncertainty of healthcare reform and changing consumer demographics. The tenets of professional case management do remain constant, however: Autonomy, beneficence, fidelity, justice and non-malfeasance.

Muller noted that for years, nursing has been considered the most trusted professional. Why? "For the most part, on any given day, we’re the ones that people can rely on. We’re the ones who are going to tell you the truth."

As a legal and ethical prescription for professional success, they presented what they called the FOCUS Paradigm, consisting of the following steps:

• Frame the issue.
• Organize.
• Collaborate:
• Use your resources.
• Speak out: Advocate on behalf of your patient, yourself, and your profession. Participate and be part of the solution through your participation in your professional association and contacting local, state and federal legislators.

They noted that the presentation did not constitute legal advice but was educational in nature.

Case Management Society of America