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HC 260 Legal Issues in Hlth Care Deliv
Gilje, Brent L.


Mission Statement: The mission of Park University, an entrepreneurial institution of learning, is to provide access to academic excellence, which will prepare learners to think critically, communicate effectively and engage in lifelong learning while serving a global community.

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

Course

HC 260 Legal Issues in Hlth Care Deliv

Semester

F1T 2009 DL

Faculty

Gilje, Brent L.

Title

Adjunct Faculty Senior Professor

Degrees/Certificates

Bachelor of Science in Education
Juris Doctor

E-Mail

brent.gilje@park.edu

blg@minot.com

Semester Dates

F1T   8/17/09 -10/11/08

Class Days

TBA

Credit Hours

3


Textbook:

Legal Aspects of Health Care Administration by George D. Pozgar, 10th ed., 2007.

ISBN-13: 978-0-7637-3927-0

ISBN-10: 0-7637-3927-8.

Textbooks can be purchased through the MBS bookstore

Textbooks can be purchased through the Parkville Bookstore

Additional Resources:

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.
Career Counseling - The Career Development Center (CDC) provides services for all stages of career development.  The mission of the CDC is to provide the career planning tools to ensure a lifetime of career success.
Park Helpdesk - If you have forgotten your OPEN ID or Password, or need assistance with your PirateMail account, please email helpdesk@park.edu or call 800-927-3024
Resources for Current Students - A great place to look for all kinds of information http://www.park.edu/Current/.
Advising - Park University would like to assist you in achieving your educational goals. Please contact your Campus Center for advising or enrollment adjustment information.
Online Classroom Technical Support - For technical assistance with the Online classroom, email helpdesk@parkonline.org or call the helpdesk at 866-301-PARK (7275). To see the technical requirements for Online courses, please visit the http://parkonline.org website, and click on the "Technical Requirements" link, and click on "BROWSER Test" to see if your system is ready.
FAQ's for Online Students - You might find the answer to your questions here.


Course Description:
HC260 Legal Issues in Health Care Delivery: Private and public law related to health care organizations, personnel, ethics, care standards, and breach of careliability. Topics include torts, contracts, statutory law, patients rights, antitrust law, finance, medical records, and licensure, as well as con- stitutional and administrative law related to state and federal health care programs. 3:0:3

Educational Philosophy:

I hope to create an online learning environment in which you feel connected and engaged, not only as an individual student, but as a class.  The assignments and discussions that are presented are designed to encourage you to delve into the "seamless web" of the law and learn how to analyze the law in its application to the health care industry.

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:

You will be able to track your average throughout the course. The grading scale is below. You will know in advance the standards for each assignment. My goal is to give you prompt, clear, and useful feedback to help you learn about business law. Each student is responsible for:

  • Completing Discussion questions each week
  • Completing Focus Topic questions in Week Two and Five.
  • Completing an open book, online, Mid-Term exam in Week Four.
  • Completing a Substantial Writing Assignment, referred to as a Paper.
  • All work must contain appropriate formatting, grammar, and spelling.
  • Completing a student opinion survey form located in the Distance Learning section of the Park University website in Week Eight of this class.
  • Locating a suitable Proctor with e-mail and completing a Proctored Final Examination.

Completing the proctored closed book, closed note, Final Exam in Week Eight.

Grading:

You will be able to track your average throughout the course. The grading scale is below. You will know in advance the standards for each assignment. My goal is to give you prompt, clear, and useful feedback to help you learn about business law. Each student is responsible for:

  • Completing Discussion questions each week
  • Completing Focus Topic questions in Week Two and Five.
  • Completing an open book, online, Mid-Term exam in Week Four.
  • Completing a Substantial Writing Assignment, referred to as a Paper.
  • All work must contain appropriate formatting, grammar, and spelling.
  • Completing a student opinion survey form located in the Distance Learning section of the Park University website in Week Eight of this class.
  • Locating a suitable Proctor with e-mail and Completing a Proctored Final Examination.
  • Completing the proctored closed book, closed note, Final Exam in Week Eight.

 Course Grading Scale

A = 90- 100%
B = 80-89% 
C = 70-79% 
D = 60-69% 
F = < 60% 

 Grading Criteria

Assignments

Point Value

% of Grade

Week Due

  Introduction Thread Posting

   2

  1%

 Week 1

Class Participation in Discussion Threads

16  

8%

Week 1-8

Focus Topic Discussions

10

5%

Week 2 &5

Mid-Term Exam

60

30%

Week 4

Paper

50

25%

Week 6

  Paper Discussion Posting

   2

  1%

Week 8

Proctored Final Examination

60

30%

Week 8

Total

200

100%

 

 

For all online courses, you must pass the final exam with 60% or better to pass the course.  You cannot pass the course without taking the final exam.

Paper Grading Guidelines

Your paper is due on Sunday, the end of week 6, at midnight in the Mountain Time Zone. You must pick a topic related to health care law and then email it to me by the end of week 2. You must have a total of at least 4 sources and at least one, but no more than three, must be an internet source.

Your paper should include an outline, seven to ten edited pages with parenthetical references or footnotes, and a list of your sources (a works cited page or a bibliography). Your paper should be double spaced.

The outline should be brief. For example,

Title

I. Introduction.

II. Point One.

III. Point Two.

IV. Point Three.

V. Conclusion.

For writing tips and information on the MLA or APA style, go to the Writing Resources category in the Webliography.

 

Point Distribution

 

                                                Content                                    40

                                                Organization                             20

                                                Citation                                    10

                                                Clarity                                      10

                                                Grammar                                  10  

                                                Sources                                    10

                                                Total possible points:    100 which translate to 20 points of the final class grade

Warning:  Any paper submitted without documentation will receive a grade of zero.

 

Class Participation Grading Guidelines for Thread -Based Activities


Class participation in the Introduction Threads, Weekly Discussion Threads, and the Paper Discussion Thread, count for a total of 10% of the total class grade.  There are also two Focus Topics that count for 5% of the total grade.  Each of these assignments are to be completed by the end of the week assigned.  Your participation in each of these activities will be graded on content, organization, grammar and readability.  You must complete a response to the question and at least one peer review in each thread where you provide comments and feedback to a classmate within the thread.    

Point Distribution

Week 1 Introduction 2pts.

Week 1 Discussion 2pts.
 
Week 2 Discussion  2pts.
 
Week 2 Focus Topic 5pts.
 
Week 3 Discussion  2pts.
 
Week 4 Discussion  2pts.
 
Week 5 Discussion  2pts.
 
Week 5 Focus Topic 5pts.
 
Week 6 Discussion 2pts.
 
Week 7 Discussion 2pts.
 
Week 8 Discussion 2pts.
 
Week 8 Paper Discussion 2pts.

 
Successful completion of these assignments is worth 30 points (15% of your total grade).  Class participation will be graded on:

                                    Content                                              30%

                                    Organization                                       10%

                                    Appearance                                        10%

                                    Peer Review                                        50%    

                                                                                            = 100% total                                      

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.

The Proctored final exam for online courses must be passed with a grade of 60% or higher in order to pass the course regardless of the overall average.  The grade for students who pass the proctored final will be based on the overall average of homework and tests taken during the course.  The proctored final exam must address only material which the student has been taught in class.

The course grade for students will be based on the overall average of homework and tests taken during the course in accordance with the weighting of the various requirements as stated in the syllabus.

All final exams in all School of Business courses will be comprehensive and will be closed book and closed notes. They will constitute 30% of the total course grade and will not be a take-home exam. They will be completed during the test week in the period designated by the registrar or by the Proctor in the case online courses. 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 Dean of the School of Business.

Late Submission of Course Materials:
Submission of Late Work:  When an online classroom assignment is due at 12:00, 12:01 is late.  Generally, late work will receive a 70 for the first day, 50 for the second day late, and 0 after that.  Extensions are available for very extenuating circumstances (If you are hospitalized or are deploying to and will not be near a computer for the entire week). 

Mid-Term: You must contact me to open the Mid-Term for you if you are late as it will close at midnight in the Mountain Time Zone. What is late? 12:01 in the Mountain Time Zone on Sunday night of week 4 is considered too late to take the exam. You can only take the Mid-Term late with my permission. Without an excuse that I approve of (hospitalization, for example), you will receive no higher than a C if you take it 1 day late and no higher than a50% if you take it 2 days late. You cannot take the Mid-Term late after Tuesday of Week 5 unless you have an excuse.

For the paper that is due in week six, papers that are one day late will receive a grade no higher than a B; papers that are late by two days will receive no grade higher than a C, past 2 days late will receive a 0. What does late mean? If your assignment is due by midnight and the time is 12:01, it is late.

Final Exam: You can't take the Final Exam late without instructor permission. I rarely give permission to take it late. However, hospitalization or deployment to Iraq during exam week are excellent reasons to take the final late. 

Classroom Rules of Conduct:

This course is offered on-line, over the Internet, using the ECollege computer service. Each student is expected to devote a minimum of five hours per class week logged on to the computer conferencing system. This is same amount of time you'd spend in the physical classroom. See "Ground Rules for On-line Participation" for additional information.

According to Park University guidelines, this course is divided into eight weeks with the first week beginning on the first day of the semester, a Monday, and ends midnight the following Sunday. Weeks Two through Eight also begin on Monday and end on the following Sunday.  All work and formal papers should be completed and successfully emailed so that they are in by the due date.

Ground Rules for On-line Participation

  1. Students should use E-Mail for private messages to the instructor and other students. The Class Conference is for public messages.
  2. Students are expected to complete 5 hours per week of conferencing or other appropriate online activities, including sending/receiving E-mail and navigating and conducting research over the World Wide Web.
  3. KEEP A COPY of all course work you submit until the end of the term.
  4. All students will participate in conference discussion. Conventions of "on-line etiquette," which include courtesy to all users, will be observed.
  5. If you need assistance please contact me.
  6. Students will normally submit papers as MS Word, RTF or ASCII uploaded to the computer and routed to the instructor or emailed. Please do not use any MS Works format. Overall it works well to copy your assignments from you word processing program and paste it into the e-mail.
  7. Each student is responsible for clicking on the link below and thoroughly reading each online course policy. If you have any questions about any of these policies, please contact me for clarification.

Course Topic/Dates/Assignments:

Week 1: An Introduction to the History of Health Care and Law and a look at Corporate Liability

Leaning Objectives:
Discuss the historical component to current health care issues.
Describe the different sources of law that impact on health care.
Compare and contrast the state and federal courts and their trial and appellate jurisdiction.
Identify how administrative agencies impact on health care law.
Explain the relationship 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 health care industry.

  • Study chapters 1, 2, & 7 and read the posted lectures.
  • Post in the Introduction Thread
  • Complete the Posted Discussion Question

Week 2: Criminal Aspects of Health Care Law, Contracts and Anti-Trust

Learning Objectives:
Compare and contrast tort law and criminal law.
Describe the forms of Negligence and their elements.
Explain the concept of Strict Liability and its impact on health care law.
Identify products liability issues in the health care environment.
Define the elements of a contract and the remedies available in the event of a breach.
Describe the difference between an independent contractor and an employee.
Identify why Anti-Trust law plays a role in the health care industry.

  • Study chapters 4-5 and read the posted lecture.
  • Complete the Posted Discussion Question
  • Complete the Focus Topic Question

Week 3: Civil Procedure and Trial Practice, Medical Staff, Labor Relations

Learning Objectives:

Differentiate, and describe, the burden of proof in criminal and civil trials.
Discuss the process of a civil trial.
Describe the doctrine of Res Ipsa Loquitur and how it can apply in health care.
Discuss the applicability of state and federal employment laws in the health care setting.
Identify how unions impact on health care workers and organizations.
  • Study chapters 6, 8, 19 and read the posted lecture.
  • Complete the Posted Discussion Question

Week 4: Employment Discipline & Discharge and Nursing & the Law

Learning Objectives:
Define the standard of care applicable to nursing staff and other staff members such as student nurses and nurse's aides.
Identify the duties of a nursing in the process of complying with a doctor's order in patient care.
Identify what an Employment-at-Will (Right to Work) state is, and how this doctrine impacts on health care workers.
Discuss how public policy issues impact on the employment-at-will doctrine.

  • Study chapters 9 and 20 and read the posted lecture.
  • Complete the Posted Discussion Question
  • Take the Online Mid-Term Exam

Week 5: Tort Law, Malpractice Insurance and Tort Reform Learning Objectives:
Compare and contrast tort law and criminal law.
Describe the forms of negligence and their elements.
Explain the concept of Strict Liability and its impact on health care law.
Identify products liability issues in the health care environment.
Discuss the professional liability that exists for health care workers and facilities and the impact of tort reform.  

  • Study chapters 3, 18, and 22 and read the posted lecture.
  • Complete the Posted Discussion Question.
  • Do the Focus Topic Question

Week 6: Patient Consent, Rights, Responsibilities & Legal Reporting Responsibilities Learning Objectives:
Discuss what informed consent is and how it should be obtained.
Identify how the capacity of a patient impacts on the ability to provide health care.
Identify how legal reporting requirements apply in the health care setting.
Analyze the issues involved with the Patient Bill of Rights.
Compare and contrast the rights and responsibilities of patients in regard to treatment issues.  

  • Study chapters 12, 13, 15, and read the posted lecture.
  • Complete the Posted Discussion Question.

Week 7: Procreation Issues, Ethics, Public Safety

Learning Objectives:
Identify the legal, health care, issues involved in procreation.
Distinguish between wrongful birth and wrongful life claims.
Discuss how health care ethics impact how patients are treated in the health care setting and how death is defined.
Define the issues involved in a patient’s right to determine care and treatment outcomes.
Identify how redundancies built into the system can result in greater patient safety.

  • Study chapters 14, 17, 23 and read the posted lecture.
  • Complete the posted discussion question

Week 8: Information Management and AIDS also Review and Proctored Final Examination

Learning Objectives:
Identify the importance of medical record keeping given current legal requirements.
Discuss legal issues with the maintenance of medical records and entries to those records.
Determine what information may be considered confidential and/or privileged information.
Identify the way AIDS has impacted the delivery of health care.
Discuss the rights and responsibilities for both patients and health care workers when HIV or AIDS is involved.

  • Read Ch. 11 and 16.
  • Study all the chapters assigned to this point.
  • Complete the Posted Discussion Question.
  • Post in the Paper Discussion Thread.

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 2008-2009 Undergraduate Catalog Page 87

Plagiarism:
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 2009-2010 Undergraduate Catalog Page 92

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 "F".
  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.
ONLINE NOTE: An attendance report of "P" (present) will be recorded for students who have logged in to the Online classroom at least once during each week of the term. Recording of attendance is not equivalent to participation. Participation grades will be assigned by each instructor according to the criteria in the Grading Policy section of the syllabus.

Park University 2009-2010 Undergraduate Catalog Page 95

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 .

Copyright:

This material is protected by copyright and can not be reused without author permission.

Last Updated:7/31/2009 1:04:07 AM