LAW Essay Example | Topics and Well Written Essays - 1000 words

LAW - Essay Example Balancing of an individual’s right to privacy with the media’s right to freedom of expression Domestic courts have adopted a two-stage test in attempting to balance the media’s right to freedom of expression and an individual’s right to privacy. In such cases, where there is a publication of private information, the court decides on two things. Firstly, is the information published private? Private in the sense that Article 8 protects it. If the answer is no, then the case concludes. If yes, the second query arises: must the interest of the holder of the private information or data yield to the right of freedom of expression granted on the publisher by Article 10? (DeCew 1997). Stage 1: Does (A) have a reasonable expectation of privacy in the relevant information? Key Domestic Case Law: Campbell v MGN Ltd [2004] 2 AC 457, HL The fundamental question in cases where there is an allegation of breach of information is whether the information disclosed is priva te and not public. There must be the presence of some interest of a personal nature that the claimant wishes to protect. In some cases, the answer to the question whether the information is public or private is obvious. ... This is because adequate protection was not afforded to her from publication of photographs taken without her consent or knowledge by paparazzi. Freedom of expression extends to publication of photographs, but the reputation and rights of others take importance as the photographs concerned images containing highly personal and or intimate information about an individual. In balancing articles 8 and 10, the contributions that the articles and photographs made to a public debate were the decisive factors. The public did not have a legitimate interest to know her private life. Everyone has a legitimate expectation for protection of his or her life. Therefore, article 8 had been violated (DeCew 1997).. Stage 2: Parallel Analysis In this analysis, neither article 8 or 10 has precedence over the other. If the values in both the articles are in conflict, intense focus on comparative importance of the rights in question is necessary. The justification for restricting or interfering with each right must be considered. In conclusion, there is the application of the proportionality test to each right (DeCew 1997).. Impact of the Contempt of Court Act 1981 on the freedom of the press Contempt of court is the unlawful interference of administration of justice. Contempt of court ensures that the court has the freedom to decide on matters before it, without influence from the press. Contempt of court is directed towards those in the media seeking to obstruct, interfere or undermine the administration of justice and the court. Breach of contempt of court can lead to a fine or imprisonment (Doherty 2003). The law of contempt places restrictions on the freedom of expression which is a crucial freedom to

Climate change Essay Example for Free

Climate change Essay The topic of the dissertation is very clear and well-defined. The problems that have been set forth by the researcher have also been posed with great clarity. To wit, the dissertation aims to ascertaon how green travel blogs perceive the problem of climate change and the manner by which it is affected by the tourism industry; how tourists, in their green travel blogs, choose to go â€Å"green,† looking into their knowledge of the negative effects of tourism on climate change; and how green travel blogs contribute in making tourists aware of the relationship between tourism and climate change. All these have been answered through an analysis of the discourse found in these blogs. The researcher acknowledges the strong relationship that exists between climate change and tourism, and thus analyzing the content of travel blogs will give clear indications about how tourism may further be enhanced through the perceptions of climate change derived from this medium. Simply put, this paper has given valuable input that shall help tourism flourish. Literature Review The literature review is clearly yielded from the most recent sources on the topic. It directly discusses the importance of the subject by beginning with the relationship of climate change and tourism, as indicated by the World Tourism Organization in 2003. It also did mention the requisites that are asked from the tourism industry to help mitigate the problems on environment and climate change, setting a strong rationale for undertaking the study. Empirical studies that further point out the relationship between these two variables were presented such as those of Becken and Hay (2007), Boniface and Cooper (2005), Hall and Higham (2005), Lockwood and Medlik (2002), Jones and Munday (2007), and Belle and Bramwell (2005), among others. From this backdrop, the review of related literature zooms in on the role of travel blogs as a medium for promotion, product distribution, communication, management, and research has been clearly suggested from various empirical studies. These have successfully gained popularity in order to ensure that they communicate initiatives in the fight against climate change and/or global warming. Major books and journal articles have been gathered and synthesized in a coherent manner to allow for an effective springboard for the research. Moreover, relevant transition from each portion of the literature to the next may be observed. There is synthesis and a demonstration of the interrelationships of concepts, making the review cohesive and critical.

A Comparison between My Life and My Mothers Life Essay examples -- co

My Life and My Mother's Life My life compared to my mother's life is in many ways very different and in other ways a lot alike. The differences are there mostly because I was born into a different era. In 1928, my mother's life started out during the end of the Roaring 20's. It was a time of change in America. People were shocked at the short skirts, the drinking and smoking that the young women were participating in then. As the economy came to a crashing halt with the disastrous collapse of the stock market in October of 1929, so did many of the free and "high filutin" attitudes of the 20's. With the 1930's came The Great Depression followed soon after with the election of Franklin Deleno Roosevelt as U.S. President. His administration was responsible for many reform programs designed to help Americans get back on their feet again. President Roosevelt called it the "New Deal". As part of the New Deal, a program called the WPA was created. When I asked my mother what that stood for she replied "I can't remember the real name, we called it "We Poke Along". In my research, I uncovered the real name - Works Progress Administration. It was created in 1935 to combat unemployment at a time when it was at an all time high of 25%. The WPA employed 9 million people in various public works projects between l935 and 1943 of which my grandfather was one. They built roads, schools, dams, etc., which did a lot to improve their communities in those days; in addition, it provided a means to put food back on the table. My mother remembers little from these early days except th at there was not a lot to eat then, potato soup and beans being the constant staple. She and others who survived The Great Depression wanted t... ...ied 52 years now which in its' self says so much for her commitment and dedication. When I asked her what was the secret for a strong marriage she replied, "Never take each other for granted, get fixed up every morning. Try to make the home into a palace, cook good meals, tell each other 'I love you' often and be near him as much as you possibly can be, she said. Then added, "children add a lot to a marriage." Through her life alone, she has taught her children moral values that will be passed down for generations to come. With the faith and courage she has instilled in me, I was able to pull myself up and out of some bad situations where otherwise I would have been lost. I can truthfully say she is indeed my very best friend. Her strength and love for her family have never wavered, and our respect and love for her will always be a testament to her life.

The Privacy Invasion of Consumers Through the Internet and Bluetooth De

The Privacy Invasion of Consumers Through the Internet and Bluetooth Devices ABSTRACT Faster, easier, and cheaper access to a plethora of information, products and people is a primary stimulus for the growing number of online consumers who use the Internet to fulfill information foraging, communication and commerce needs. Oddly enough, these conveniences appear to override users concerns of privacy invasion. As the mechanisms behind information technologies become increasingly transparent, users must trust the companies producing the products to protect them from privacy invasion and refrain from deceitful consumer information practices. Should consumers continue to put faith in companies who may be more concerned about financial gains than consumer privacy rights? Since congress has refused to regulate industry information practices, consumers need to realize that the responsibility of protecting their personal information lies in their own hands. It is the consumer’s responsibility to research company backgrounds, investigate privacy policies, becom e aware of privacy invasion techniques, and learn security safeguards to ultimately make informed decisions and remain in control of how and with whom their personal information is used and shared. INTRODUCTION Do corporations respect consumers’ rights to privacy? In 1999, a Sun Microsystems chief executive riled consumer privacy advocates when he brazenly declared, â€Å"You [as a consumer] have zero privacy anyway. Get over it† (as qtd. in Turow 8). Privacy advocate groups such as the Federal Trade Commission and the American Civil Liberties Union question the ethics of inconspicuous collection of personal information and urge legislative action against privac... ...FTC ‘Tough Love’." USA Today: Cyberspeak. 05 May 2004. 01 Dec 2004 <http://www.usatoday.com/tech/columnist/ericjsinrod/2004-05-05-sinrod_x.htm>. Sullivan, Bob. "Online Privacy Fears are Real." MSNBC News. 6 Dec 25 Nov 2004 <http://msnbc.msn.com/id/3078835/> Turow, Joseph. "Americans and Online Privacy: The System is Broken." A Report from the Annenberg Public Policy Center of the University of Pennsylvania. June 2003. 24 Oct 2004.<http://www.asc.upenn.edu/usr/jturow/internet-privacy-report/36-page-turow-version-9.pdf> "What is Spyware?" Spy Checker. 01 Dec 2004 <http://www.spychecker.com/spyware.html>. "Yahoo! Privacy." 28 Mar. 2002. Yahoo!. 02 Dec. 2004 <http://privacy.yahoo.com/privacy/us/>. Zetter, Kim. "Security Cavities Ail Bluetooth." Wired News. 06 Aug 2004. 27 Oct 2004 <http://www.wired.com/news/privacy/0,1848,64463,00.html>.

Critically Evaluate the Relevance of the Contingency Approach

Jane directly leads a team of seven HRS and communication employees and five operations staff, and has a strong Influence across the organization. Reporting to the CEO, with both board and ASS reporting responsibilities, Cane's role and authority at EX. Wealth Is prominent. As the HRS Director, Jane Is Involved In structure, employment Issues, human resource allocation. Recruitment and retention decisions and sets the people strategy for the organization (J. Smith, peers. Com, 2011). As she faces many different situations everyday in her work, she heavily relies on the contingency approach to management.The contingency approach states that â€Å"organizations are different, face different situations (contingencies) and require different ways of managing† (Robbins, Bergman, Stag & Coulter, 2009 p. 53). The classical, behavioral and systems approach to management theory assumed a universal or ‘one-best-way of management that applied the same techniques to all companies. Ho wever, experienced managers know that not all people and situations can be managed exactly the same. Thus the contingency approach to management suggests that what managers do In practice depends on the situation.However, the contingency approach is not without its critics. A major problem is that it often is used as an excuse for not acquiring formal knowledge about management, but just lets managers make dados decisions. There are four popular contingency variables: organizational size, riotousness of task technology, environmental uncertainty and individual differences (Robbins et al, 2009). In this essay, we will discuss how Jane at EX. Wealth manages each of these variables. The first variable In contingency management theory is organizational size.The way Jane manages her direct team of seven, Is very different to how she is seen as a manager across the 700 staff at EX. Wealth. For example, Jane holds weekly meetings with her team to advise of company-wide news and Information from her meetings at CEO and Board level. In relation to Skate's â€Å"human skill† (Katz, 1974) she Is an effective communicator In tans arena. However, one AT ten roles AT newer team Is to teen disseminate this information through their business groups and across the organization, so that all employees are aware of various company-edicts and general ‘goings on' .They did this through posting memos in breakout rooms, which were rarely noticed. Thus Jane (and in turn, her team) was perceived as having poor human skills' as the information coming from the HRS team was communicated across the larger organization ineffectively. Jane had to change her management style in relation to these larger communications and a company wide intranet was developed as a result. On it, important employee notices were communicated as well as information about the company and it's various activities. 0. Smith, peers. Com).Employees were then able to access the information as it suited them , and remained just as informed as those in her direct team after their weekly meetings. Another variable in contingency management theory is the ‘riotousness of task genealogy. Routine Technologies are those that have little variety and use objective, standardized procedures. They are mostly associated with a mechanistic structure and processes, with formal rules and rigid management processes (Daft, Murphy & Wolcott 2010). An example of this at EX. Wealth is in the Operations Department.Their role is to scan all incoming mail, forward it to the correct person and file the hardcopy. Jane finds managing this department is relatively straightforward. She sets formal Kips at the start of each year and the Senior Operations Officer ensures that the team meets their targets. In effect, Jane is using one of Integers ‘Managing on Three Levels' (being, information) technique (Integers, 1994). Non-routine technologies, however, have high task variety and experience and technical knowledge are used to perform the work and solve problems.Using Woodward's research, organizations with more non-routine technologies are more likely to have organic structures (Robbins et al, 2009) Similar to many companies in finance, EX. Wealth has traditionally had a very bureaucratic structure based around division of labor, central controls and a strict hierarchy – almost Weeper's ideal bureaucratic structure. Robbins et al, 2009) – with the CEO at the top and the majority of staff (in processing and call centre roles) making up the bottom. Divisions were created by Job role and geography and the machinations of the firm had little to do with the head office and their goals.However, since the challenge of Global Financial Crisis (SGF) companies, particularly in financial fields, have had to be leaner and more able to change and faster at doing it. EX. Wealth has started to develop a flatter management structure, with a matrix- reporting style and business units connecting with each other (Chapman, 2001). For instance, instead of all Human Resources (HRS) consultants sitting together in an HRS team environment, those dedicated to a particular business group, now ‘live' with their business, as business partners. Although they form part of Cane's team, they also have a reporting line through to their business manager.Echoing Chessman's (2001) work, Jane feels that this new organizational structure is more desirable as interpersonal relationships are developed and knowledge and understandings are shared between the HRS team and the business. 0. Smith, peers. Com) I en Tanta variable Tort ten contingency approach to management Is environmental uncertainty. Because uncertainty threatens an organizations effectiveness, managers will try to minimize it. (Robbins et al. 2009) Operating in a post-SGF world, EX. Wealth is facing uncertainty on numerous levels. There are constant threats from competitors and the market is still Jittery and unpre dictable at best.EX. Wealth has a large insurance division that has recently been onset by claims from the various natural disasters that Australia has recently faced. In short, there is not a lot about EX. Wealth's environment that is certain. According to contingency theory, stable environments suggest mechanistic structures that emphasis centralization, standardization, and specialization. (Robbins et al. , 2009) Unstable environments suggest organic structures, which emphasis decentralization to achieve flexibility and adaptability (Robbins et al. , 2009).EX. Wealth is effected by a rapidly changing and unstable environment and must evolve to ensure that it is able to operate efficiently through any uncertainty. An example of this was highlighted with an unprecedented retention issue with the Junior clerks in the Perth offices of EX. Wealth. Due to the mining boom, these staff were being lured away from EX. to earn significant amounts working in the mines. As hiring and retraini ng staff is an expensive exercise (and EX. Wealth was in no position to match the salaries on offer), the company offered an extended leave without pay program for Junior employees who had shown potential.This gave them time off to work in the mines and then they were able to return to their previous roles (Smith, peers. Com). The final variable for the contingency approach to management thought is that of individual differences: â€Å"Individuals differ in terms of their desire for growth, autonomy, tolerance of ambiguity and expectations† (Robbins et al, (2009) p. 4). This final variable, makes it clear why so many found the classical theories of Payola and Taylor so limiting.There are Just so many variables that could apply to motivating and leading individuals, that no classical theorist could cover them all. As Human Resources Director Jane Smith leads discussions at EX. Wealth on the remuneration levels of employees. Being a company in financial markets, employees who w ork in this industry are usually attracted by money. Thus, it has always been the main motivator for staff and all employees are eligible for performance related pay and company bonuses. However, since the SGF the focus on money as the main motivational tool has been lessened.Other benefits such as more flexible working practices (either with hours, or working from home), study support or the ability to ‘buy extra annual leave; have also been seen to highly motivate employees (Smith, peers. Com). As Mitchell and Nickel (1999) argue – money is an important motivator, but managers need to understand individuals – their attitudes, beliefs and behavior – before it will act as an effective motivator. In analyzing Cane's work as the Human Resources Director of EX. Wealth, it can be aid that she heavily relies upon the contingency approach to management.

Classical Management Viewpoint of the Worker Essays

Classical Management Viewpoint of the Worker Essays Classical Management Viewpoint of the Worker Essay Classical Management Viewpoint of the Worker Essay The classical management writers had a particular viewpoint of the worker. Discuss what this was. [12 marks] a The evolution of management has been in existence since the construction of massive structures such as the pyramids in Egypt in the ancient days and the Great Wall of China during the Qing Dynasty period. It is thus evident how important the role of management and its application is globally and through the passage of time. The emergence of the classical approach occurred during the Industrial Revolution in Great Britain and Europe, as it became necessary to have a more formal approach to management. Production shifted away from the cottage industry as large complex organisations sprouted due to new forms of technology. The classical approach places emphasis on purpose, formal structure, hierarchy of management, technical requirements, and common principles of organisation in order to manage efficiently the higher amount of outputs from increased producitivity. (needs emphasis on the workers) The classical management approach comprises of three theories namely- bureacratic management by Max Weber, Scientific management by Taylor and Administrative management by Henri Fayol. Max Weber is a German sociologist who defined an organisation as a well-defined hierarchy of authority and responsibility, following a system of rules and regulations where there is no confusion and conflicts. Under this formal hierarchy structure, workers abide by rules and follow accordingly without question. Official positions exist in their own right and jobholders have no rights to particular positions in the top management, since appointment of staff is based on qualification and competence. This will thus allow for a stable and well-defined job content such that work performance is based on the identified roles. However, the over-emphasis on rules and regulation only serves to dehumanise and demotivate the workers as workers’ initiation and creativity are being stifled. They become inflexible in responding to situations, and reluctant to innovate in time. There are three types of legitimate authority identified by Weber- traditional, charismatic and rational-legal authority. Workers are required to accept those in authority that arises from tradition and custom. They must also be loyal and entrust their confidence in the personal qualities of the leader. Hence, there is no questioning of the authority since the workers are bounded by the rules and procedures of the organisation, and does not have any job movement in their job scope. Nonetheless, Weber see this approach as neccessary at that time in order to achieve stability in the organisation, where rules are implemented to increase efficiency and productivity even though it neglects the social needs of the workers. Another writer who contributed to the classical approach is Taylor. He introduced the theory of scientific management where workers are viewed as â€Å"rational economic man† who are satisfied and motivated by high wages, and are willing to work diligently for the organisation. He was concerned with the efficiency of the working methods, and the question of how to organize different resources into efficient and profitable operations. He wanted to prevent â€Å"soldiering† which he believes arises due to the fallacious belief of the workers that any increase in output will result in unemployment, hence deliberately restrict their work-rate in order to stay in employment. Hence in order to overcome this problem, he came up with â€Å"a true science of work†, referring to the amount to be done by a suitable worker under optimum conditions. Workers are paid their wages according to their productivity. Workers are systematically trained and placed through careful selections, jobs designated for them. Through analysis of the â€Å"stopwatch exercise†, he was able to establish standard time and standard output of work. He argued that workers prefer to be given a definite task with clear-cut standards, then rewarded accordingly for their productivity without limit. However, the scientific approach fails to consider the social needs of the workers as well, and also overlooked the human desire for job satisfaction by labelling workers merely as a â€Å"rational economic man† who works long hours willingly for the sake of higher wages. Workers are viewed as cogs of machines, and exploitation of labour and unfair distribution of wages may occur. Administrative management was prefaced by Henri Fayol. He says that to manage is to forecast and plan, to organise, to command, to coordinate and to control. In his book â€Å"Administration â€Å"Industrielle Et Generale†, he proposed 14 principles of management which he feels will enable organisations to function efficiently. His emphasis was also on the hierarchical aspects of the business enterprise as a formal organisation, based on the division of work, scalar chain, unity of command and centralisation. This top-down management style shows how authority is limited and restricted from the workers, who are expected to follow the leadership of others. In conclusion, under the classical approaches to management, the theories have similar traits towards their view of the worker. Discuss in what ways, and for what reasons, this viewpoint may be different in the 21st century. [13 marks] The 21st century marks an important pardigm shift in business and management principles. We now live in the Information Age (post-modern) and not the Industrial Age (classical). The 21st century is also a period of great uncertainty where we have se en horrific acts of terrorism against the good of mankind, the SARS outbreak in Asia, which threatened to derail the World Economy in today’s ever-increasingly ‘boundary-less’ global economy as well as many other events. Henceforth, the classical management writers’ viewpoint of the workers has become less relevant in the 21st century as the approach was developed in the 1890 to 1940s. The classical approach’s viewpoint of the workers has become different in the 21st century as the modern era is more focused on the social needs and welfare of the workers. Human’s rights are being advocated, henceforth making it necessary for organisations and their management to take care of the needs of the workers. Workers from the past were also less educated, whereas 90% of the population in the 21st century living in cities are literate. As such, it is more important for managers to focus more on improving the interactions and relations between management and workers at the workplace. This is developed in Hawthorne studies by Elton Mayo, who discovered the importance of informal working group. When workers feel more important at work and being taken care of, their productivity will improve, resulting in an increase in output. This is therefore different from the viewpoint of the classical approach when the social needs of the workers are being neglected. Nowadays, management has adopted a much flatter structure instead of a tall one. Workers have to be convinced of the abilities of their superiors before accepting their management styles. Similarly, top management must also be open to ideas coming from the lower level of workers within the organization. There should be mutual communications between the managers and their subordinates. Managers are encouraged to show care and concern towards the workers so that they will be motivated. This motivation to work will help to keep the productivity and efficiency of the organization going by making the subordinates feel important (encouraging self-esteem), and feel as if they really belong to the organization. As such they will feel that contributing to the organization will not only benefit the organization but themselves through self-satisfaction. However, too much motivation and giving leeway to workers will cause them to be complacent and to lose their sense of working abilities. Hence there should be a proper balance between adopting some of the classical approaches and putting them together with human relations which will be discussed later. The Gilbreths, followers of Taylor in scientific management of classical approaches were convinced with doing things in the one best way through the process of recording techniques done in experiments and motion studies. The Gilbreths used charting and basic elements of on-the-job motions and providing a standardized basis for recording movements. By doing experiments like these, the Gilbreths are trying to anaylse the whole working operations and this, as they believe, will most likely boost workers morale because of its obvious physical worker benefits and involves the managements concern for the worker. In this form of classical approach, every worker will always be a doer, a learner and a teacher that will have new possibilites in the job scope. This method applies mainly in the Industrial as mentioned earlier. However, as a contrast to such a classical theory of managements attitude to the worker, Elton Mayos Hawthorne studies were on the workers rather than on the work. Hawthorne was mainly interested in studying social relationship at work. Human relations have become an important element in management as it is proven by the company is able to thank their workers and show their appreciation is by giving company dinners and incentives like healthcare services that will benefit them, and such activities undertaken by organizations are still practiced in many organizations such s MacDonalds, Federal Express. The systems theory also states that organisations are complex entities, or systems of inter-ralted and independent parts comprising of input, process and output which have interaction with the external environment to arrive at stable state (homeostasis). Under the open socio-technical system, workers need work compatibility with each other in order to work in teams, which is important for work redesign (relevant for motivation). The Volvo experiment at the Kalmer plant has hexagon-shaped factories with assembly lines along glass walls. The autonomous team decides on allocation of work and responsibilities. By specializing and helping each other as a team, productivity and sales quality will improve. (need to relate more to 21st Century) As organizations cannot be totally humanized, managements attitudes and perspectives towards Man have also evolved along with their management ideologies, from Human Relations approach to one of Contingency Approach. Due to factors such as globalization, cultures of various countries (eg asian values that need adaptation), turbulent environment (war on terrorism), deregulation, privatisation, urbanisation and movement towards capitalism and dependence on market economy by countries such as China and India and greater competition, which are prevalent in the 21st century, and therefore old ideas have to be discarded and new ones embraced. As organizations have adapted and become more complex (Peters and Watermans attributes of organizations in the early 20th century, these ideas have become less applicable in changing times of the 21st century), operations have been decentralized and more fluid and flexibility have emerged (Sony and 3M). Therefore Man has evolved due to the demanding nature of today, which require many competencies and skills to deal with any incidences that occur due to the non-ideal (no one optimum) state in the business world. The classical approach have declined over the years but we cannot deny that their usefulness have not totally been eliminated. Some approaches like the structural organizations in the government still adopt its concept which is based on bureaucracy. However, managements must also give consideration to human factors and not simply based it on one approach. The structures of the organization should be more flexible and not rigid in order to adapt quickly to any global changes. Only then organizations can operate well in a globally ever changing integrated precarious world economy (need to emphasize more on 21st century; change conclusion).

Edgewood Lake Hospital Essays

Edgewood Lake Hospital Essays Edgewood Lake Hospital Paper Edgewood Lake Hospital Paper Edgewood Lake Hospital (ELH) which opened in 1945, is a 30-bed, independent, not-for-profit hospital located in rural northern California. It provides inpatient and outpatient services to the close-knit community that resides within the forested and lakeside town the facility is nestled in. Although it is known for its great track record for quality and is held in high regard by the surrounding community, it has steadily experienced financial losses from 2006 through 2009. These losses can be attributed to factors both internal and external to the facility itself. Poor executive leadership by the recently replaced CEO, Richard Fuchs, has resulted in great financial losses for ELH. Further paramount financial losses have resulted from extreme budgeting discrepancies, mismanaged funds and failure to identify loss-contributors in time to rectify them. These losses have resulted in a decreased morale of the existing staff and have made recruiting for open positions difficult. The staff’s faith in the facility and its longevity has wavered and diminished as a direct result of mismanagement and the resulting financial instability. Nearby competition from a newer and better-equipped for-profit hospital that offers specialty care is a direct and impending threat. Increasing billing regulations from Medicare that call for replacing/purchasing new computer systems are sure to add to the surmounting financial pressures. The Board of Directors has hired a new CEO, Shannon Johnson, who comes from serving 5 years as CFO to Rocky Hills Valley Hospital, a critical access facility in rural northern California. She will be faced with the challenge of employing effective leadership in order to make ELH profitable within a 2-year time span. By examining the current state of the hospital, identifying its key stakeholders and scanning its internal and external environments for contributing factors and possible areas for improvement, strategies aimed at better positioning ELH both competitively as well as financially will be recommended. Key Stakeholders ELH has various stakeholders, each of which has a different relationship with and varying interests in the community hospital. One group of stakeholders would be the close-knit, small community that is offered inpatient/outpatient services by this facility. This stakeholder group boasts a county-wide population of 5,135 citizens. A more distinctive stakeholder group would be the elderly sector of the population, as they make up 54% of the payer mix that is responsible for all revenue received by ELH. The healthcare costs of these senior citizens are funded by the government through the Medicare program. Another group of stakeholders is the primary care providers within ELH. Although the hospital does afford them a facility to practice medicine in, growing discontent has resulted as of late within this stakeholder group. Due to the lack of specialty physicians in this facility, these providers have been forced to provide care that is out of their scope of practice and out of their comfort level. Another principal stakeholder is the newly hired CEO of ELH, Shannon Johnson. She is a graduate of a major university and is also a certified public accountant. Her role will be a vital one in whether ELH recovers from its recent history of financial losses as her executive leadership spearheads this effort. She was chosen by the board of directors as she brings with her experience in managing a hospital in a rural setting. Another stakeholder, as well as direct competitor, for ELH is Creekside Trails Hospital. Although each hospital serves distinct patient populations, a competition for patients in recent years has developed. External Environment In order to arrive at a well-rounded and all-encompassing solution to ELH’s critical state, the external environment must be examined. Looking closely at the environment external to ELH will allow for possible threats to the hospital’s success to be revealed and curtailed if possible. Upon scanning the external environment, opportunities for improvement should be identified and made an integral part of the final strategy to restore and revitalize ELH to its former glory. Threats The most direct threat to ELH is the strong community competitor, Creekside Trails Hospital. It is a 45-bed, for-profit facility located 35 miles away on the other end of the lake and is 50 years newer than ELH having been opened in 1995. It is a for-profit organization and offers more specialty services, namely cardiology care. This threatens ELH’s livelihood not only by creating a more appealing alternative for citizen seeking medical attention but also by becoming a viable option for current ELH staff looking for a more stable and promising place of employment. Another threat is the current state of rural hospitals nationwide. According to the case study, about 25% of Americans live in rural areas and only about 10% of physicians actually practice in rural areas. There is a 15% gap in the ratio of rural citizens to available practicing physicians. This is a threat to ELH’s need to attract and hire more physicians. In relation to rural hospitals, citizens have longer drive times to their medical facilities. This causes them to delay routine visits which subsequently exacerbates illness. National health policy and government reimbursement standards are also threats external to ELH. There are increasing regulations on quality, privacy, efficiency, costs and services while government reimbursement rates are declining. Increasing demands for quality and compliance while funding is steadily declining will lead to a growing gap in healthcare costs and affordability. The Medicare program is increasing its quality and compliance demands putting rural hospitals at a disadvantage to their inner-city counterparts. Reason being that rural hospitals have fewer coders and internal auditors to stay abreast of changing regulations which results in increases in fines and denied claims. Some demographics of Edgewood County are also a threat to the overall welfare of ELH. The following table was created from figures provided within the case study: Table 1 Income and Median Age: Edgewood County versus National Average | Median Household| Median Age| | Income| (Years)| Edgewood County | $ 44,238.00| 40. 8| National Average| $ 59,948. 00| 33. 3| Table 1 shows that Edgewood County’s median household income is 26. 2% less than the national average median income. This not only provides the population of Edgewood with less disposable income but also results in ELH having a smaller revenue pool than the national average. Another notable difference is that Edgewood County’s median age is 22. 5% higher than the national average median age. This will at some point mean a higher number of elderly patients, who if subsidized by Medicare, will create a need for more billing/coding staff to be hired creating yet another expense. Opportunities| | ELH and its surrounding community have historically shared a good relationship. When the former CEO proposed and built a wellness center dedicated to enriching the healthcare experience of its patients, the idea garnered much support from the town. The former CEO’s ability to raise $120,000 in community donations alone to fund the construction of the Edgewood Lake Wellness Center demonstrates that there once existed, and can again exist, a viable source of plentiful community support. The customer base was proven to be strong and loyal in favor of and support for the medical facility. ELH is the sole, or one of very few, healthcare facilities within a commutable distance for citizens of the town. This could provide a competitive advantage above larger hospitals in metropolitan cities which require extensive travel and great expense for citizens to reach. The new CEO, Shannon Johnson, has seen hospitals with bleak outlooks benefit greatly from joining healthcare networks. There are also other designations, such as that of being a Critical Access Hospital (CAH), which could prove helpful in turning ELH into a profitable and successful facility. Shannon Johnson’s previous place of employment was a CAH and so converting to this designation might be in her prospects for corrective strategies. The reimbursement for CAH’s is cost-based as opposed to the current diagnosis-related reimbursement. To be eligible for designation as a CAH, the facility must be at least 35 miles from next nearest hospital, operate fewer than 25 beds, have an average length of stay less than 96 days and must offer emergency services 24 hours a day 7 days a week. Porter’s Five Forces of Competitive Position: Structure Analysis Issues After careful review of the external environment, several structural issues were identified related to Porter’s Five Forces of Competitive Position. One is the limited geographical coverage of ELH’s reach. It services a county of just above five thousand residents and also shares that small population size with another competitor. The geographical factors also work against ELH in that it is located in a rural area making it challenging and difficult to attract/hire physicians to fill vacancies on medical staff. Legislative effects threaten the solvency of ELH’s finances because while regulations are increasing and becoming stricter, funding is being decreased making it difficult for smaller hospitals to remain compliant. Internal Environment An examination of the internal environment of ELH is an equally important aspect of arriving at a solution methodology for this hospital’s current difficulties. The internal scan will be comprised of identifying the strengths and weaknesses of the internal environment as well as revealing any resources, competencies and capabilities of the same. Strengths  Its most notable strength is that ELH is held in high regard by members of the surrounding community. It is one of only 2 healthcare facilities easily accessible to residents of Edgewood County. Of the 2 facilities, it is the only one to have its own dedicated wellness center. Furthermore, ELH has been an integral part of the town for 50 years, a fact that provides an unattainable status by its nearby competitor. In addition, its medical staff has a very low turnover, measuring at 6% in 2008. Despite the misdirection under the previous CEO, ELH has a strong middle management with a significant tenure. It is this group that is responsible for maintaining morale positive and consistent. Now that Shannon Johnson has been brought on board, she is also a great strength ELH can draw from as the facility can only stand to gain from her bountiful experience with rural hospitals and steering them towards success. The hospital itself has a great track record of quality: it scored 100% for delivering discharge instructions versus national average of 69% and also scored 100% for providing smoking cessation counseling for congestive heart failure cases versus national average of 89%. Weaknesses  Prior to the hiring of the new CEO, lack of executive leadership was possibly the greatest weakness of the internal environment. In order for all the individual parts of any organization to function cohesively and properly, there must be solid and strong support from the top. Executive management holds the power to make or break its organization and when this position is filled by an unqualified weak-minded individual, only failure can result, as it did in the case of ELH and former CEO Richard Fuchs. The facility itself also has structural limitations that create yet another weakness. With 30 beds and a surrounding population of 5,135, ELH only has resources to service 0. 6% of the population at one time. Its capability to serve in the grand scheme of things is diminutive and very possibly one of the reasons new talent will not join the existing staff. Although the hospital has a history of outstanding quality in service, it also has a standing track record of poor financial performance. This is in large part due to the poor financial decisions made by the former CEO but is also a product of uncontrollable forces. For example, declining reimbursement by Medicare has resulted in extensive losses on Medicare patients. As seen in the case study’s Exhibit 1, which charts the various parties contributing to ELH’s payer mix, more than half of the patients are Medicare beneficiaries. Further financial weakness is identified in the steadily increasing operating costs. A collective bargaining agreement with a local union resulted in higher salaries for RN’s. Also, the inability to permanently fill physician vacancies has resulted in having to pay higher costs to temporary physicians. Low physician recruitment is a weakness that not only affects the bottom line but also the quality and continuity of healthcare offered to ELH patients. The areas that are most affected by this are that of general surgery and primary care. Resources, Competencies and Capabilities ELH has a variety of resources at its disposal. Careful identification and scrutiny of them will allow them to be called upon during the initiative to restore financial stability. The previously mentioned positive relationship that exists between the facility and its surrounding community leads to one  very valuable resource. Garnering support from the surrounding community it serves, both in terms of financial contributions and in terms of building loyalty, is an existing and proximal resource. The reputation enjoyed by ELH of having superior quality of care is a resource that should be placed at the forefront of the efforts to attract new physicians and new patients. The newly hired CEO, Shannon Johnson, will be an invaluable resource based on her previous experience and her CPA license signifying her great understanding of finance. Another resource, that currently seems to be the reason for the financial turmoil being faced by ELH, is the Edgewood Lake Wellness Center. This facility has already been constructed and paid for. It could prove to be a great resource if its use were maximized to provide a competitive advantage over Creekside Trails. A final resource and competency housed within the walls of ELH is the existing staff that has a proven record for performing quality service and whose ability to excel in healthcare as well as contribute in community service certainly provides a differentiation between ELH and its competitors. Not only is the staff capable of meeting and surpassing the expectations of quality held by the surrounding community, but ELH goes above and beyond to offer value-added services. The hospital created the Mobile Health Service Unit (MHSU), a large utility vehicle servicing residents at the perimeter of the county. It is equipped to perform physical assessments and other primary care services. Strategies and Recommendations. In order to make recommendations on how to make ELH profitable, secure fiscal solvency, address the physician recruitment problems, increase staff productivity/performance and stabilize the executive leadership team, environmental scanning was performed. The importance of environmental scanning is that it will reveal the strengths, weaknesses, opportunities and threats of the entity. Identifying these characteristics will assist in creating a strategic plan meant to help the facility reach the aforementioned short-term and long-term goals. ELH should implement a new marketing strategy while maintaining its core competencies that have awarded the facility recognition and customer loyalty. The first strategy to be recommended is one of concentric diversification. ELH will not only serve as a medical facility like its competitor, but will also open up its wellness center to host community fitness events/initiatives, intramural sports activities of local youth and informative seminars open to the public. Another strategy is one of branding. The Mobile Health Service Unit seems to be one of its kind in the area – taking health to homes. The great service it offers to residents at the perimeter of the county should be marketed as a backdrop of care, concern and initiative by ELH for its patients, all patients, not only the ones who are able to commute to the facility. This existing resource could possibly be turned into a mode of offering transportation services to and from ELH for needy patients with scarce resources. A strategy that could be used as a last resort would be one of divestiture whereby ELH could be purchased by or integrate on some level with its competitor, Creekside Trails. A less drastic and very feasible strategy would be to change the designation of ELH to one of a critical access hospital. The new CEO has full working knowledge of how to obtain this designation, and the current size and location of the hospital make it a possible alternative as it would be easy to reduce number of beds from 30 (current) to 24 or less (required) and meets the requirement of being at least 35 miles away from nearest hospital, which it is. An aggressive proactive strategy for filling physician openings has been developed. A team must be created that is dedicated to attracting and recruiting specialty physicians. This team should at minimum include the Human Resources Director, middle management (who is tenured and can offer valuable insight into why ELH is a great place to practice), current over-worked caregivers as well as a representative from the town’s visitor center who can in collaboration create an attractive portfolio of the town itself and the quality of life it offers to its inhabitants, a listing of the quality recognitions and resulting loyalty ELH has acquired, a commentary of the excellent environment ELH provides for its staff as well as its plans for the future and growth prospects. Critical success factors have been identified to be the dire need for top management support, funding whether it be from local community or government, employee buy-in which middle management could easily obtain with their tenure and strong impact on internal culture and time efficiency which has been mandated by the board of directors to be 2 years to reach profitability and  meet physician staffing needs. With strong leadership from Shannon Johnson and buy-in via employee involvement from existing staff, it is not only possibly but highly likely ELH will differentiate itself enough to regain its competitive advantage and dominant position in the healthcare of Edgewood County.