HC260 Legal Issues in Hlth Care Deliv

for F1OO 2011

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HC 260 Legal Issues in Hlth Care Deliv


F1OO 2011 WO


Hillman, Kevin S.


Adjunct Instructor


BA, Centre College
JD, University of Cincinnati

Office Location

300 Hist. Route 66, Suite 300, Waynesville, MO

Office Hours

By Appointment

Daytime Phone


Other Phone




Semester Dates

August 15-October 10, 2011

Class Days


Class Time

5:00 - 10:20 PM

Credit Hours



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

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

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

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.
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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:
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 a clasroom 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.  This will be achieved through a mix of lecture, discussion, readings, quizzes, and exams.

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.

  Instructor Learning Outcomes
  1. Differentiate, and describe, the application of both criminal and civil penalties in the health care environment along with the impact of malpractice and tort liability.
  2. Differentiate between the concepts of tort law and contract law and the applicability of each to the field of health care.
  3. Explain the confidentiality of patient records and sanctions that are in place to safeguard patient records.
  4. Analyze the issues involved with informed consent and the ability of a patient to refuse treatment.
  5. Identify the issues involved in the patient – physician relationship, on both an organizational and personal level.
  6. Identify legal polices which impact on reproductive issues.
  7. Describe the application of doctrine of respondeat superior in the health care setting.
  8. Describe tort law and its corresponding impact on malpractice claims.
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. 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.



90 to 100%         A                                                              Quizzes                                 30% (300 points)

80 to 89%           B                                                               Midterm                                30% (300 points)

70 to 79%           C                                                               Final                                      30% (300 points)

60 to 69%           D                                                               Class Participation                10% (100 points)

59% and below    F                                                                                                          100%  1000 points

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:
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.

Classroom Rules of Conduct:
  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 ParkUniversity prior to the scheduled examination. Arrangements will be made so that the quiz or examination can be made available in the ParkUniversity 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. 

Course Topic/Dates/Assignments:

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

Professional Liability Insurance                                                                               Read Chapter 18

Labor Relations                                                                                                     Read Chapter 19

Employment, Discipline, and Discharge                                                                   Read Chapter 20

Managed Care and Organizational Restructuring                                                     Read Chapter 21

Tort Reform and Reducing the Risk of Malpractice                                                 Read Chapter 22

Patient Safety and Zero Tolerance                                                                          Read Chapter 23

Worldwide Search                                                                                                 Read Chapter 24

Journey to Excellence                                                                                             Read Chapter 25

You be the Judge DVD                                                                                       Class Discussion

Week Eight

Review Session

Final Examination

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 students and faculty members are encouraged to take advantage of the University resources available for learning about academic honesty (www.park.edu/current or http://www.park.edu/faculty/).from Park University 2011-2012 Undergraduate Catalog Page 93

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. from Park University 2011-2012 Undergraduate Catalog Page 93

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.

Park University 2011-2012 Undergraduate Catalog Page 96

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 .


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Last Updated:7/14/2011 11:01:25 PM