HC260 Legal Issues in Hlth Care Deliv

for U1OO 2005

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HC 260
Legal Issues in Health Care Delivery
Summer, 2005
Kevin S. Hillman
Work: 573-596-0630
Home: 573-774-6934
June 6-July 31, 2005
5:00-10:00 p.m.
3 Hours

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.

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

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.

FACULTY’S EDUCATIONAL PHILOSOPHY: The class will consist of a mixture of readings, classroom lecture, and interactive DVD case studies to develop the student’s understanding of the materials and relate how the law applies to both the health care environment and the student’s every life. Students should be prepared to discuss the readings and add their insight and opinions to create lively and informative classroom discussion.

COURSE OBJECTIVES: On completion of this course, students should be to complete the following:
A. Demonstrate an understanding of the legal basis and governance of health care organizations.

B. Understand the issues of licensing, regulation, and accreditation.
C. Understand the issues of payment, including managed care.
D. Demonstrate an understanding of the potential civil and criminal penalties for violations of the law.
E. Understand medical and other staff issues, including employment law in regards to these matters.
F. Discuss the basic principles of legal liability as they relate to health care.
G. Discuss the issues of the relationship of the patient to the doctor and hospital.
H. Discuss the matter of treatment authorization and refusal.
I. Recognize legal issues in regard to access, confidentiality, disclosure of patient records.
J. Discuss the matter of reproductive issues and the legal issues surrounding them.
K. Discuss the matter of death and dead bodies and the legal issues surrounding them.

COURSE TEXTBOOK: Pozgar, George D. (2004). Legal Aspects of Health Care Administration. (9th ed.). Sudbury, MA: Jones and Bartlett Publishers ISBN: 0-7637-3182-X

ACADEMIC HONESTY: Academic honesty is required of all members of a learning community. Hence, Park University will not tolerate cheating or plagiarism on tests, examinations, papers or other course assignments. Students who engage in such dishonesty may be given failing grades or expelled from Park University.

PLAGIARISM: Plagiarism—the appropriation or imitation of the language or ideas of another person and presenting them as one’s original work—sometimes occurs through carelessness or ignorance. Students who are uncertain about proper documentation of sources should consult their instructors.

ATTENDANCE POLICY: Instructors are required to keep attendance records and report absences. The instructor may excuse absences for cogent reasons, but missed work must be made up within the term of enrollment. Work missed through unexcused absences must also be made up within the term of enrollment, but unexcused absences may carry further penalties. In the event of two consecutive weeks of unexcused absences in a term of enrollment, the student will be administratively withdrawn, resulting in a grade of “F”. An Incomplete will not be issued to a student who has unexcused or excessive absences recorded for a course. Students receiving Military Tuition Assistance (TA) or Veterans Administration (VA) educational benefits must not exceed three unexcused absences in the term of enrollment. Excessive absences will be reported to the appropriate agency and may result in a monetary penalty to the student. Reports of F grade (attendance or academic) resulting from excessive absence for students receiving financial assistance from agencies not mentioned above will be reported to the appropriate agency.

LATE SUBMISSION OF COURSE MATERIALS: The instructor will not accept assignments late without prior permission. Assignments not submitted on the due date will receive a grade of “zero”. If you are going to, or think that you may submit an assignment late, you need to discuss this with the instructor as soon as possible.
COURSE ASSESSMENT: In order to assess a student’s understanding of the legal concepts covered in this class, the following will be used: Two quizzes, a midterm examination, a final examination, and classroom participation.

A. Attendance: Students are expected to attend each class meeting and be prepared. If a student is unable to attend a class, the student must contact the instructor prior to the class. The student is responsible for making up all assignments and work from any missed class. If a student is having any problems during the class, they should contact the instructor immediately for assistance and guidance.
B. Make-Up Examinations and Quizzes: If a student must miss a quiz, the mid-term, or the final examination, it is the student’s responsibility to contact the instructor or Park University prior to the scheduled examination. Arrangements will be made so that the quiz or examination can be made available in the Park University office. All make-up quizzes and examinations should be made up prior to the next scheduled class. Failure to notify the instructor prior to missing a quiz or examination may result in the loss of points or a zero.
C. Extra Credit: Students are offered the opportunity to obtain extra credit in this class by writing a three to five page paper about a court case of their choice which pertains to the topics studied in this course. The student is able to earn up to ten extra points onto their final examination if they choose to complete this assignment. If you wish to take this opportunity, you should decide on a court case and inform the instructor of your decision prior to the fourth class. The instructor reserves the right to tell the student that he or she must choose another case because the chosen case is either inapplicable or has already been selected by another student. Students participating in this extra credit opportunity must then submit a brief (one - two) page typed outline to the instructor by the fifth class. The final typed paper is due at the beginning of the last class. This paper should be typed in 11 point, Times New Roman font. It should be double-spaced. The instructor will not accept late papers. If you are having difficulty obtaining a case or you need assistance in order to complete this paper, please discuss your difficulties with the instructor and I will be happy to assist in any way I can.

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 American with Disabilities Act of 1990, regarding students with disabilities and, to the extent 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: www.park.edu/disability.


Week One
Introduction to Law
Read Chapters 1 and 2
Tort Law
Read Chapter 3

Week Two
Quiz #1 (on material covered during week one)
Criminal Aspects of Health Care
Read Chapter 4
Contracts and Antitrust
Read Chapter 5

Week Three
Civil Procedure and Trial Practice
Read Chapter 6
Corporate Liability
Read Chapter 7
Medical Staff
Read Chapter 8
Nursing and the Law
Read Chapter 9
You be the Judge DVD Class Discussion

Week Four
Review Session
Mid-Term Exam (covers all material to date)

Week Five
Liability by Departments and Health Care Professionals
Read Chapter 10
Information Management and Health Care
Read Chapter 11
Patient Consent
Read Chapter 12
Legal Reporting Requirements
Read Chapter 13

Week Six
Quiz #2 (on material covered in week five)
Issues of Procreation
Read Chapter 14
Patient Rights and Responsibilities
Read Chapter 15
Acquired Immune Deficiency Syndrome
Read Chapter 16
Health Care Ethics
Read Chapter 17

Week Seven
Malpractice Insurance
Read Chapter 18
Labor Relations
Read Chapter 19
Employment, Discipline, and Discharge
Read Chapter 20
Managed Care and Organizational Reconstruction
Skim Chapter 21
Tort Reform and Reducing the Risk of Malpractice
Skim Chapter 22
Patient Safety and Zero Tolerance
Skim Chapter 23
You be the Judge DVD Class Discussion

Week Eight
Review Session
Final Examination


90 to 100% A
80 to 89% B
70 to 79% C
60 to 69% D
59% and below F

Quizzes 20%
Midterm 35%
Final 40%
Class Participation 05%