HC260 Legal Issues in Hlth Care Deliv

for S2B 2007

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Vision Statement: Park University will be a renowned international leader in providing innovative educational opportunities for learners within the global society.


HC 260 Legal Issues in Health Care Delivery


S2B 2007 BL


Sweetnam, William J.



Daytime Phone




billbsa@msn.com  (please use this email address)

Semester Dates

Mar 17 to May 5, 2007

Class Days


Class Time

8:00 - 1:00 PM

Credit Hours





Legal Aspects of Health Care Administration; George D. Pozgar; Jones and Bartlett Publishers, Inc.; 10th Edition.

Additional Resources:



West's Business Law, Clarkson, Miller, Jentz, and Cross, West Publishing Company, New York, latest edition.


McAfee Memorial Library - Online information, links, electronic databases and the Online catalog. Contact the library for further assistance via email or at 800-270-4347.
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Resources for Current Students - A great place to look for all kinds of information http://www.park.edu/Current/.

Course Description:
Private and public law related to health care organizations, personnel, ethics, care standards, and breach of care liability. Topics include: torts, contracts, statutory law, patients' rights, antitrust law, finance, medical records, and licensure, as well as constitutional and administrative law related to state and federal health care programs. 3:0:3

Learning Outcomes:
  Core Learning Outcomes

  1. Classify the nature of the American legal system and sources of applicable law to health care entities and how health care organizations are structured, licensed and accredited under the current regulatory system.
  2. Estimate the impact of funding for health care organizations and government involvement, and regulation, in billing and payments for services, along with the impact of managed care.
  3. Differentiate the application of both criminal and civil penalties in the health care environment along with the impact of malpractice and tort liability.
  4. Discuss the importance of the relationship of the health care organization with its medical and general staff.
  5. Identify issues such as informed consent and the ability to refuse treatment as involved in the relationship, both organizationally and personally, with the patient.
  6. Defend the confidentiality of patient records and current governmental regulations and sanctions that are in place to safeguard patient records.
  7. Categorize legal polices in place in regard to reproductive issues and in the treatment of dead bodies.
  8. Combine and organize the above issues and how they coalesce in the formation of current health care policy in the US today, and what future policy may hold.

Core Assessment:

Class Assessment:



The final course grade will be determined using the following guidelines:


Class Participation                      80
Quizzes (5)                               800
Presentation                              120  



Presentation grading:

Intro                     10
Content                60
Conclusion           30
Presenting skills    30
                           120 points

The following will be used to assign course letter grades:


90  to 100        A

80  to 89.9       B

70  to 79.9       C

60  to 69.9       D

All final exams will be comprehensive and will be closed book and closed notes.  If calculators are allowed, they will not be multifunctional electronic devices that include features such as: phones, cameras, instant messaging, pagers, and so forth.  Electronic Computers will not be allowed on final exams unless an exception is made by the Associate Dean.

Late Submission of Course Materials:
See "Additional Information"

Course Topic/Dates/Assignments:


I to course
Requirements of course

Introduction to law; Tort Law

CHAPTERS 2 and 3
Outcomes/objectives for week:
Discuss the different sources of law that impact the healthcare environment
Compare and contrast the state and federal courts and their trial and appellate jurisdiction
Compare and contrast tort and criminal law
Describe the different forms of negligence and their elements
Explain the concepts of strict liability and its impact on health care law
Identify product liability issues in the healthcare environment

Criminal Aspects of Health Care; Contracts and Antitrust
CHAPTERS 4 and 5
Outcomes/objectives for week:

Identify and explain the elements of a contract and remedies available in the event of a breach
Describe the differences between an independent contractor and an employee
Explain how and why Anti-Trust laws play a role in the healthcare industry


QUIZ A (Chapters 2, 3, 4, 5)

Civil Procedures and Trial Practice; Corporate Liability

CHAPTERS 6 and 7
Outcomes/objectives for week:
Discuss the relationships between the governing board and the CEO
Describe the impact of the doctrine of Respondeat Superior and how the doctrine applies to corporate liability in the healthcare industry
Differentiat and describe the burden of proof in criminal and civil trials
Describe the process of a civil trial
Discuss the doctrine of Res Ipsa Loquitur and how it can apply in health care


QUIZ B (Chapters 6 and 7)


Medical Staff; Nursing and the Law; Information Management and Health Care Records

CHAPTERS 8, 9, and 11
Outcomes/objectives for week:
Explain the applicability of state and federal employment laws in the healthcare setting
Define the standard of care applicable to nursing staff and other staff members such as student nurses and nurse's aides
Identify and discuss the duties of a nurse in the process of complying with a doctor's order in patients care
Identify the importance of medical record keeping given current legal requirements
Discuss legal issues regarding the maintenance of medical records and entries to those records
Determine what information may be considered confidential and/or priveged


QUIZ C (Chapters 8, 9, 11)


Patient Consent; Legal Reporting Requirements; Patient Rights and Responsibilities

CHAPTERS 12, 13, and 15
Outcomes/objectives for week:
Explain the concept of informed consent and how it should be determined
Discuss how the capacity of a patient impacts on the ability to provide health care
Evaluate how legal reporting requirements apply in the healthcare setting
Identify and explain the issues involved with the Patient Bill of Rights
Define the rights and responsibilities of patients in regard to treatment issues


QUIZ D (Chapters 12, 13, 15)


Health Care Ethics; Malpractice Insurance; Labor Relations; Employment

CHAPTERS 17, 18, 19, and 20
Outcomes/objectives for week:
Determine how unions impact on healthcare workers and organizations
Identify the number of unions that be active at any one healthcare facility
Discuss what an employment-at-will state is and differentiate between a right-to-work state
Explain how the employment-at-will doctrine impacts healthcare workers and facilities
Explain how public policy issues impact on the employment-at-will doctrine
Determine the professional liability that exists for healthcare workers and facilities and the impact of tort law
Analyze "Do-Not-Resuscitate Orders" and how healthcare workers handle such orders
Evaluate how healthcare ethics impact how patients are treated in the healthcare setting and how death is defined
Discuss the issues involved in a patient's right to determine care and treatment outcomes
Determine how redundancies built into the system can result in greater patient safety


QUIZ E (Chapters 17, 18, 19, 20)


Outcomes/objectives for week:
Organize the above issues and analyze how they form a current health care policy in the US today



Outcomes/objectives for week:
Discuss what the future may hold for today's current health care policy in the US

Academic Honesty:
Academic integrity is the foundation of the academic community. Because each student has the primary responsibility for being academically honest, students are advised to read and understand all sections of this policy relating to standards of conduct and academic life.   Park University 2006-2007 Undergraduate Catalog Page 87-89

Plagiarism involves the use of quotations without quotation marks, the use of quotations without indication of the source, the use of another's idea without acknowledging the source, the submission of a paper, laboratory report, project, or class assignment (any portion of such) prepared by another person, or incorrect paraphrasing. Park University 2006-2007 Undergraduate Catalog Page 87

Attendance Policy:
Instructors are required to maintain attendance records and to report absences via the online attendance reporting system.

  1. The instructor may excuse absences for valid reasons, but missed work must be made up within the semester/term of enrollment.
  2. Work missed through unexcused absences must also be made up within the semester/term of enrollment, but unexcused absences may carry further penalties.
  3. In the event of two consecutive weeks of unexcused absences in a semester/term of enrollment, the student will be administratively withdrawn, resulting in a grade of "W".
  4. A "Contract for Incomplete" will not be issued to a student who has unexcused or excessive absences recorded for a course.
  5. Students receiving Military Tuition Assistance or Veterans Administration educational benefits must not exceed three unexcused absences in the semester/term of enrollment. Excessive absences will be reported to the appropriate agency and may result in a monetary penalty to the student.
  6. Report of a "F" grade (attendance or academic) resulting from excessive absence for those students who are receiving financial assistance from agencies not mentioned in item 5 above will be reported to the appropriate agency.

Park University 2006-2007 Undergraduate Catalog Page 89-90

Disability Guidelines:
Park University is committed to meeting the needs of all students that meet the criteria for special assistance. These guidelines are designed to supply directions to students concerning the information necessary to accomplish this goal. It is Park University's policy to comply fully with federal and state law, including Section 504 of the Rehabilitation Act of 1973 and the Americans with Disabilities Act of 1990, regarding students with disabilities. In the case of any inconsistency between these guidelines and federal and/or state law, the provisions of the law will apply. Additional information concerning Park University's policies and procedures related to disability can be found on the Park University web page: http://www.park.edu/disability .

Additional Information:



Class participation is expected and is a part of the final grade.  Participation counts as a factor in determining the overall grade in the course, therefore, each student must demonstrate preparation for class by contributing meaningful information to the discussion and contribute significantly to in-class analyzes.  The grade for class participation is 10 points and is something to be earned by contributing assessments and judgments to the discussion.  Merely coming to class is not sufficient; attendance is not participation.  Therefore, a student should make a conscientious effort to be sufficiently prepared to make intelligent and timely comments regarding issues raised in class. The student must remain attentive during the class.

Students are expected to attend all classes and be on time.  Attendance will be taken each class meeting.  Classes missed for legitimate reasons and with PRIOR NOTIFICATION may be excusable.  Absences will be reflected in the participation grade and the final grade.  Two (one for Friday or Saturday session) unexcused or four (two for Friday or Saturday session) excused absences will be reported to the Park College Office, as required.  Absences in excess of these guidelines will result in a grade of “F.” 


If for some reason a student must be absence for a class when a quiz or presentation is scheduled, the student MUST notify the instructor DIRECTLY and receive APPROVAL from the instructor PRIOR to the scheduled class session, otherwise the student will not be allowed to make up the quiz or presentation and will receive a zero for the quiz or presentation.


Submitting someone else’s work as your own will not be tolerated.  If determined by the instructor that academic dishonesty has occurred in any part of the course, the student(s) involved will be given a grade of "F," dropped from the course, and the matter reported to the Director.

Presentations will be 8 to 12 minutes in length.  No podium.  Can use handouts, OHs, powerpoint.  Use notes on a limited basis.  Do not read.  Connect to course.Comprehensively cover topic. Limit "your experiences" to a very small, if any, portion of the presented material.





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Last Updated:3/20/2007 2:55:50 PM