Ursuline College Accelerated Program. HCA 370 Legal Aspects of Health Care

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1 Ursuline College Accelerated Program CRITICAL INFORMATION! DO NOT SKIP THIS LINK BELOW... BEFORE PROCEEDING TO READ THE UCAP MODULE, YOU ARE EXPECTED TO READ AND ADHERE TO ALL UCAP POLICY INFORMATION CONTAINED ON THIS LINK BELOW CLICK HERE... HCA 370 Legal Aspects of Health Care General Information Course Title: Legal Aspects of Health Care (Revised 9/2008) Course Number: HCA 370 Course Materials: Showalter, Stuart J., The Law of Healthcare Administration, 5 th Edition (Health Administration Press A Division of the Foundation of the American College of Healthcare Executives) ISBN: Professor: Thomas L. McGinty, MBA Office Phone: (home phone: ) Office Hours: Before class, after class or by appointment Address: tmcginty@humana.com Course Description This course is designed to provide an overview of the general legal rules and concepts governing many aspects of the health care industry. The primary focus of this course will be on the law as it relates to the delivery of health care in settings including hospitals, nursing homes, and medical offices. Specifically, the course will analyze the concepts associated with modern tort law as it applies to health care and will also provide exposure to numerous other areas of law that impact health care including contracts, criminal law, employment law, and a review of the law governing business organizations. As a course focusing on concepts and philosophies, classroom emphasis will be placed on discussing the rationale for various points of law. Other materials including legal cases and statutes will supplement textbook reading. This combination of textbook reading, class discussion, and case/statute analysis will provide the broadest base of knowledge to the student. Course Objectives At the conclusion of this course, students are expected to be able to demonstrate an understanding of and ability to articulate the following legal concepts: 1

2 1. The basic framework of our modern legal system. 2. The definition of tort law in general and negligence in particular. 3. The rules governing products liability. 4. The main business organizations found in healthcare and how they differ. 5. The role and legal status of a hospital s medical staff. 6. The numerous roles played by nurses in modern delivery systems. 7. How the computer age has impacted health care and the special regulations governing information 8. The concept of informed consent and its legal ramifications. 9. The role of advance directives and living wills 10. The special challenges posed by AIDS, Abortion, and end-of-life decision making. 11. A working knowledge of the glossary found on pp in the text. Materials of Instruction REQUIRED TEXT: Showalter, Stuart J., The Law of Healthcare Administration, 5 th Edition (Health Administration Press A Division of the Foundation of the American College of Healthcare Executives) ISBN: Supplemental Materials: Students are not required to purchase any other texts or materials. Periodically, in-class reading materials may be provided for purposes of class discussion. A pocketsize legal dictionary may be helpful, but is not required. GRADING Class Participation 20% Written assignment (Due Class 4) 20% Exams 60% Two take home exams will be given. The First exam will be handed out at the end of Class #3, and will cover the material from Classes 1 & 2 & 3. The Second Exam will be handed out at the end of Class #5 and will cover material from Classes 4 and 5. The second exam will be due no later than 5 days after Class #5. Each exam will be worth 30% of the final grade. The written assignment will consist of providing short answers to a series of legal questions based on the assigned readings. A Note on Class Participation The active discussion of legal philosophies and principles is one of the best methods for learning this material. Students are expected to exhibit an interest in and a desire to learn the subject matter in addition to a willingness to discuss/debate various points. The underlying purpose of any law-related course is to get students to think! 2

3 Note to the Instructor and Student This text was selected because it provides the best overview of the various legal concepts related to health care delivery, but it is not intended to serve as a pure law text. The author has succeeded in achieving a balance between the technical legal point and a concise explanation of what impact the law has on health care operations. As in so many areas of the law, this course and text focus not on what the right answer is but rather on the skills of legal analysis that lead to a conclusion. A Note on Case Analysis The Case Method has been used in nearly every law school in the country for almost 100 years. This method focuses on reading appellate court decisions to determine how the courts have applied law to facts to develop case precedent. This method accomplishes two primary purposes: First, it provides students with insights into the legal reasoning process. Second, it provides practical examples of the application of law to a set of facts. This course will use a limited case method approach. The Appendix contains condensed versions of pertinent cases, followed by a series of discussion questions. As you read the case summaries, you may find it helpful to use the following method to organize your analysis: I = Issue -Briefly state the legal issue being decided by the court R = Rule -Briefly state the holding of the case A = Application -Discuss how the court applied the law to the facts of the case C= Conclusion -Summarize how the case creates precedent/binding law for future cases This is known as the IRAC method. This format will allow for the most efficient summary of each case, and will facilitate your study of the legal issues. 3

4 Assignments to be completed Prior to Class #1 1. Read Chapters 1, 2, and 3, and the companion cases found in the appendix. 2. Be prepared to discuss the key concepts from each chapter. 3. Define the following terms: a. Tort b. Intentional Torts c. Negligence d. Strict Liability e. Products Liability f. Contract g. Remedies h. Discovery i. Burden of Proof j. Evidence k. Respondeat Superior 4. Be prepared to discuss the concepts of jurisdiction at the federal, state, county and municipal levels. 1. Gain a general knowledge of the legal system 2. Develop an understanding of the major concepts in tort law 3. Differentiate the differences between negligence and intentional torts 4. Be able to discuss the trial process, including complaint and answer, discovery and trial procedure. 1. Introductions and administrative matters. 2. Brief Lecture on structure of class, responsibilities of students. 3. Overview of Chapter 1 4. Class Dialogue 5. Overview of Chapter 2 6. Class Dialogue 7. Overview of Chapter 3 8. Class Dialogue 4

5 Class #2 1. Read Chapters 4, 5, 6, and 7 in the Text, and the companion cases in the appendix. 2. Be prepared to discuss the key concepts from each chapter. 3. Define the following terms: a. Corporation b. Governing Board c. Corporate Veil d. Respondeat Superior e. Apparent Agency f. Federal taxation g. Sherman Act h. Clayton Act i. Rule-of-Reason j. False Claims Act k. Stark Laws l. Anti-Kickback 4. Written assignment distributed. 1. Identify the elements of contract formation. 2. Define contractual conditions. 3. Define the Statute of Frauds. 4. Develop an understanding of the applicability of general legal principles to the health care industry. 5. Gain an understanding of the role of the medical staff. 1. Overview of Chapter 4 2. Class Dialogue 3. Overview of Chapter 5 4. Class Dialogue 5. Overview of Chapter 6 6. Class Dialogue 7. Overview of Chapter 7 8. Class Dialogue 9. Distribute and discuss Written Assignment (due Class #4). 5

6 Class #3 1. Read Chapters 8, 9, 10, and 11 in the Text, and the corresponding cases. 2. Define the following terms: a. Access b. Hill Burton c. Utilization Review d. Duty to Treat e. Good Samaritan f. EMTALA g. Consent h. Informed Consent i. Minors/Incompetent Adults 1. Understand the historical role of Hill Burton 2. Grasp the admissions process 3. Develop a working knowledge of advance directives and living wills. 4. Understand Informed Consent. 5. Gain an understanding of emergency treatment requirements 1. Overview of Chapter 8 2. Class Dialogue 3. Overview of Chapter 9 4. Class Dialogue 5. Overview of Chapter Class Dialogue 7. Overview of Chapter Class Dialogue 9. Hand out Exam #1 6

7 Class #4 1. Read Chapters 12, 13, and 14 and the companion cases. 2. Define the following terms: a. Abortion b. Medical Records c. HIPAA d. AIDS e. AIDS Emergency Act f. Assisted Suicide g. DNR orders h. Euthanasia i. Medical Staff j. Credentialing 1. Gain an understanding of the complex issues relating to Abortion 2. Develop knowledge of AIDS and its implications for health care 3. Understand the ideas of euthanasia, assisted suicide, and DNR orders. 4. Develop an understanding of the role of the medical records function 1. Return and Review Exam #1 2. Overview of Chapter Class Dialogue 4. Overview of Chapter Class Dialogue 6. Overview of Chapter Class Dialogue 8. Discussion of instructor provided handouts Written Assignment Due at Beginning of Class #4 7

8 Class #5 1. Read handouts of Ohio case law provided at the end of Class #3, Including the Medicare Conditions of Participation (USC ) and Ohio Administrative Code 3701 Department of Health. 2. Read handouts concerning HB Gain an understanding of applicable Ohio laws. 1. Comprehensive review and class discussion 2. Hand out of Exam #2 (Note: Exam may be faxed or submitted electronically) 8