'Twas the night before final exams, and all through the air, not a student was heard studying, not even health care. The staff in the emergency department at the local hospital (the "Hospital") waited with a collective blank stare, in hopes that some patients soon would be there. Then, all of a sudden, they arrived with their mums, three children, some indeed quite ill, all from eating sugarplums.

The first mother walked into Hospital's emergency department with her daughter, Shawna, and asked to see a doctor immediately. The mother explained that Shawna had been quite ill from the plums for several hours and needed immediate medical attention. Unfortunately, neither Shawna nor her mother had medical insurance. The clerk who worked in the emergency department, David, thought Shawna was faking her illness. While David was not a doctor and had no formal medical training, he did have a decent amount of knowledge about health care. (David previously worked as a computer programmer and often designed hospital websites, including the text for those websites.) David told Shawna's mother she would just need to sit down and wait.

The second mother walked into Hospital's emergency department with her daughter, Lauren. Apparently, Lauren was also eating plums earlier that night, and when she started to feel sick, Lauren fell and cracked her skull. The other clerk who worked in the emergency department, Mark, called for a nurse right away and did not even ask Lauren or her mother for any insurance information.

The third mother had just arrived in the hospital parking lot with her daughter, Catherine. Apparently, Catherine had too many plums earlier that night, and before they could get out of the car Catherine began to get very sick. Panicked, Catherine's mother called for help. As it turns out, the hospital janitor, Phil, was walking nearby when he heard the shout. Phil ran to the car, assessed the situation, and immediately ran into the emergency department to alert David. David called 9-1-1.

While David was calling 9-1-1, Dr. Leo and nurse Alice walked by and overheard his conversation. Dr. Leo and nurse Alice ran outside to the car where Catherine and her mother remained, and Dr. Leo and nurse Alice immediately commenced emergency treatment. Curious about the commotion outside, David walked over to the vehicle and watched. A few minutes later David asked Catherine's mother for insurance information. Still in shock as she watched Dr. Leo and nurse Alice tend to her daughter, Catherine's mother realized she had forgotten her wallet at home, but assured David the family had health insurance. Skeptical as he was, David asked Catherine's mother for a small payment in advance. Catherine's mother gave David $100, which he placed in his pocket before returning to the emergency department.

As it turns out, David, an employee of Hospital, was not the ordinary emergency department clerk. David worked in a doctor's office two years before, but he was eventually fired for stealing patient credit card information. Although David managed to avoid going to jail, the Office of the Inspector General ("OIG") excluded David from participating in any federal health care program for five (5) years. Hospital has the following policy as part of its compliance program:

Individuals excluded from participating in any federal health care program shall be prohibited from employment at the Hospital. Hospital shall take corrective action against any employee of the Hospital excluded by the OIG.

Hospital's compliance program also states in pertinent part:

When any individual seeks employment from the Hospital, at that time, and then again no less than each year, Hospital shall search the List of Excluded Individuals and Entities Database to ensure no employee is listed therein.

The hospital never searched to determine if David was on the List of Excluded Individuals and Entities.

About an hour later, David's work shift came to an end. Curious about the three children who came to the hospital complaining about an illness from eating plums, David printed the children's health records and went home. Later that night, David posted on Facebook the following item: "Forbidden Fruit? Maybe. It appears some kids are very sick after eating bad plums." David then called the local tabloid and offered to sell a story about the plums to the editor. The editor, who happened to suffer from melophobia, paid David $5,000 for the story.

Please identify any and all potential health care issues for Hospital.