HAP 750 Legal Issues in Health Administration Summer 2014

Transcription

1 College of Health and Human Services HAP 750 Legal Issues in Health Administration Summer 2014 Syllabus information placement Instructor HAP 750 Legal Issues in Health Administration Mondays from 7:20pm to 10:00pm Founders Hall 477 (X) Core ( ) Concentration ( ) Elective ( ) Pre-requisite(s) Name: Andrew C. Adair, J.D. Contact Info: aadair@gmu.edu I will use Bb to send certain announcements to the class but please use this to contact me and not Bb. I have a full-time job outside GMU so my response may not be immediate. Office Hours: Monday evening before class, if you make an appointment. description objectives Prepares health professionals to understand legal principles, statutes, regulations, and case law related to managing health care organizations and health professionals practice. May compare legal health care issues from domestic and international perspectives. Upon successful completion of the course the student should: Understand the principal categories and sources of legal liability that health providers face, including state common law (e.g. negligence, breach of contract, corporate governance), state and federal statutory law, and state and federal regulations; Understand common fact patterns that give rise to legal liability for health providers, and how to develop strategies to minimize it; Be familiar with the basics of the civil legal process (a.k.a. civil litigation) as it impacts health providers;

2 Required textbook(s) and/or materials Be familiar with the legal issues arising from a health provider s role as an employer; Be familiar with the governmental and quasi-governmental bodies that regulate the provision of health services, including HHS, CMS, FDA, state health departments and Medicaid programs, Joint Commission, state licensing boards, etc.; Understand the legal contours of some of the principal ethical and moral dilemmas faced by health providers (e.g. abortion, end-oflife issues); and Understand the role of in-house and outside counsel. George D. Pozgar, Legal and Ethical Essentials of Health Care Administration (2nd ed. 2014). ISBN-13: Other handouts as assigned from time to time requirements Class Preparation: I expect you to review all the materials before class. I have assigned what I consider a substantial, yet reasonable, number of pages to read. Although I expect you to come to class with a basic grasp of the material, you are not expected to master it before class--in fact in some cases it will be impossible for you to understand it fully before class. You should expect some occasional frustration as you try to absorb legal concepts. In class we will focus on those parts of the reading that I believe are most important for you to internalize for later. Tests: The quizzes and final exam will consist of objective (multiplechoice, etc.) questions designed to test whether you have prepared for class, attended class, and digested and memorized the material that we go over in class. I do not plan to give you any gotcha trick questions but will design the questions to ensure that you are reading closely, paying attention in class, and thinking clearly about the material that we cover. I will give you sample practice problems as we go so you know what to expect before Quiz No. 1. Policy on and Social Media: Personal , texting, and social media have the potential to distract me and your fellow students, and are prohibited during the lectures. If you need to send a message to someone please wait until the break. If it truly cannot wait then quietly step outside the room. Laptops are permitted for taking notes only. If this policy is abused, I will ban laptops, ipads, and all other devices for everyone and you will take notes the old-fashioned way (pen and paper). Disclaimer: Any opinions that I may occasionally express are my own and not meant to coincide with the views of my employer.

3 Teaching methods (x) Lecture (x) Case Studies (x) Class discussion Evaluation 60 percent: 4 short (30-40 minute) quizzes in class 40 percent: Final exam (2 hours) in class Participation: I reserve the right to adjust your final grade up or down based on the quality (not quantity!) of your in-class contribution. Mason Honor Code The complete Honor Code is as follows: To promote a stronger sense of mutual responsibility, respect, trust, and fairness among all members of the George Mason University community and with the desire for greater academic and personal achievement, we, the student members of the university community, have set forth this honor code: Student members of the George Mason University community pledge not to cheat, plagiarize, steal, or lie in matters related to academic work. (From the Catalog catalog.gmu.edu) Individuals with Disabilities Policy The Office of Disability Services (ODS) collaborates with students with documented disabilities and faculty to provide reasonable accommodations, auxiliary aids, and support services that are individualized and based upon medical documentation, functional limitations, and a collaborative assessment of needs. In order to receive accommodations, students must complete the following process: Web: masonlive.gmu.edu Mason uses electronic mail to provide official information to students. Examples include notices from the library, notices about academic standing, financial aid information, class materials, assignments, questions, and instructor feedback. Students are responsible for the content of university communication sent to their Mason account and are required to activate that account and check it regularly. Students are also expected to maintain an active and accurate mailing address in order to receive communications sent through the United States Postal Service. (From the Catalog catalog.gmu.edu)

4 Schedule (1) May 19 U.S. Legal System / Tort Law and Informed Consent Chapter 1. Government, Law, and Ethics (pp. 1-12) Chapter 4. Tort Law (pp ; omit section on products liability) Chapter 13. Patient Consent (pp ) May 26 Memorial Day - No Class (2) June 2 Contract Law and Civil Procedure Chapter 6. Contracts (pp ) Chapter 20. Professional Liability Insurance (pp ) Chapter 7. Civil Procedure and Trial Practice (pp ) (3) June 9 Corporate Governance / Hospital Departments Quiz No. 1 Chapter 8. Corporate Structure and Legal Issues (pp ) Chapter 11. Hospital Departments and Allied Health Professionals (pp (stop at Certification of Health Prof ls )) (4) June 16 Criminal Law / Program Integrity Chapter 5. Criminal Aspects of Health Care (pp ) Chapter 17. Legal Reporting Requirements (pp ) Chapter 18. Medical Records (pp ) (5) June 23 Case Study - Parkland Hospital in Dallas, Texas (Part 1) Quiz No. 2 Materials will be posted to Bb in advance. (6) June 30 Case Study - Parkland Hospital in Dallas, Texas (Part 2) Materials will be posted to Bb in advance. (7) July 7 Licensing, Credentialing, Certification, and Accreditation Quiz No. 3 Nurse Licensure (p. 160) Professional Ethics (p. 178) Certification of Health Prof ls / Licensing Health Prof ls / Prof l Misconduct (pp ) Compliance with Joint Commission Requirements (p. 123) Medical Staff Privileges (pp ) Case before Supreme Court in 2014: N.C. State Board of Dental Examiners v. FTC (No ) (materials TBD). (8) July 14 Ethical Dilemmas in Health Care Chapter 14. Procreation and Ethical Dilemmas (pp ) Chapter 15. End-of-Life Issues (pp ) Handouts on religious-secular affiliations

5 (9) July 21 Health-Care Provider as Employer Quiz No. 4 Chapter 21. Labor Relations (pp ) Chapter 22. Employment at Will and Discharge (pp ) Chapter 23. Employee Rights and Responsibilities (pp ) (10) July 28 Regulation of Drugs and Devices / Review and Wrap-up Chapter 4. Tort Law (section on Products Liability -- pp ) additional reading will be posted on Bb (11) Aug. 4 Final Exam