HC260 Legal Issues in Hlth Care Deliv

for F2B 2012

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Mission Statement: Park University provides access to a quality higher education experience that prepares a diverse community of learners to think critically, communicate effectively, demonstrate a global perspective and engage in lifelong learning and service to others.

Vision Statement: Park University, a pioneering institution of higher learning since 1875, will provide leadership in quality, innovative education for a diversity of learners who will excel in their professional and personal service to the global community.


HC 260 Legal Issues in Hlth Care Deliv


F2B 2012 BL


Dube, Carlos A.


adjunct faculty



Office Location

3280 Joe Battle blvd

Office Hours

9 am to 5 pm

Daytime Phone

915-832-2882 OFFICE

Other Phone

fax 915-832-2018




Semester Dates

F2B 2012

Class Days

Oct 22 - Dec 16, 2012  Fridays

Class Time

5 pm to 10 pm

Credit Hours



Legal Aspects of Health Care Administration by George D. Pozgar, 11th ed., 2007.

ISBN-13: 978-0-7637-8049-4

ISBN-10: 0-7637-8049-9.
Text books can be purchased through the MBS BOOKSTORE
Textbooks can be purchased through the PARKVILLE BOOKSTORE

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/.


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, 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

Educational Philosophy:

I hope to create a learning environment in which you engaged and empowered to show your understanding of healthcare law, not only as an individual student, but as a class.  The assignments and discussions that are presented are designed to encourage you to work as a team and an individual to get a better understanding of the law and learn how to analyze the law in its application to the health care industry. Class participation is the most important of all the education program, we value your knowledge.

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 the reading each week.
  • Completing an open book, Term exam in Week Four.
  • The week six (6) presentation.
  • work must contain appropriate formatting, grammar, and spelling with the correct power point presentation format.
  • Proctored closed book Final Examination.


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:

 Course Grading Scale

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

 Grading Criteria


Point Value

% of Grade

Week Due

  Introduction & class participation



 Week 1-8

Class Participation on reading assignments



Week 1-8

Weekly question Discussions



Week 1-8

Mid-Term Exam



Week 4

Power point presentation



Week 6

Proctored Final test comprehensive



Week 8






Power Point presentation Grading Guidelines

Your presentation will be done on the sixth week of the class, keep it to 5-6 slides be concise and to the point on your topic. Be knowledgeable of the topic I do expect for students and instructor to ask questions at the end of each presentation. The topic must be from the book and has to be applied to one of the case studies on the book, or one that we may have discussed in class. 


I. Introduction.

II. Point One.

III. Point Two.

IV. Point Three.

V. Conclusion.

for all information on the presentation you must have source of materials shown at the end of presentation.


Point Distribution


                                                Content                                    4

                                                Organization                             3

                                                Citation                                    1

                                                Clarity and Grammar                2

                                                Sources                                    2

                                                Total possible points:    12 points of the final class grade

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


Class Participation Grading Guidelines
Class participation and the Weekly Discussion , are worth 48% of your final grade and the Paper Discussion, counts for a total of 12% of the total class grade.  There are also 8 Focus Topics that count for 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, knowledge of the subject and understanding.   
We will have chapter quiz each week which we will do after the chapter review in class, from this review your final test on week 8 will be put together.   



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:    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). 

For the presentation that is due in week six, due to time constraints you must be present in class to present, if you can't attend the class, you will submitt your presentation via email to me and 4 page paper must be presented to explain what the presentation is about and all key points must be explained. This documenation will have a -2 points for not presenting. So a total of 10 points will be achieved.
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:

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.

Course Topic/Dates/Assignments:

Week 1: An Introduction to the History of Health Care and Law
Leaning Objectives:
Discuss the historical component to current health care issues.
Describe the different sources of law that impact on health care.
Sources of law

Study chapters 1-2, and we will have 1st class presentation, chapter 1 quiz


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

Learning Objectives:
Explain the concept of Strict Liability and its impact on health care law.
Identify products liability issues in the health care environment.
Explain the concept statutory and common law.
Understand the Medicare-Medicaid fraud laws and regulations.
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 -4-7 Quiz for chapter 4 
  • Discussion Question
  • discuss the remedies available for nonperformance of a contract?
Week 3 Tort Law, Civil Procedures and Trial Practice
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.
Describe trial procedures -subpoenas, and examinations of witness
  • Study chapters 3,6, Quiz on chapter 3 
  •  Discussion Question -Describe the organizations responsibilities duties and legal risk of a governing body?

Week 4: Nursing & the Law, and health care professionals

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.
Explain the broad scope of practice of nursing and their different roles in todays health care arena.
Discuss some of the liabilities created by the nursing staff and their consequence on patient care.
Explain the prevailing standard of care for each profession.
Describe the difference between the certification and licensing of a health care professional.
Explain the health care quality improvement act of 1986
Describe the basic elements of an effective corporate compliance program.
Study chapters 9-10- Quiz on chapter 10 
  •  Mid-Term Exam open book
Week 5: Information management, Patient Consent, Patient rights and responsibilities
Learning Objectives:
Explain the need for management of information in todays health care.
Discuss the consequence for destruction, alteration, or failure to maintain a medical record.
Explain the health insurance portability and accountability act.
Discuss the patient self determination act of 1990.
Explain the rights of a competent person to refuse treatment.
Discuss what informed consent is and how it should be obtained.
  • Study chapters 11-12 Quiz chapter 12 
  • Discussion Question.-Why is it important to obtain consent from a patient prior to undergoing a risky procedure in order for consent to be informed

Week 6: End of Life, Labor Relations
Learning Objectives
end of life issues
difining death
withdrawl of treatment
national labor relations act
State labor laws
management rights  
  • Study chapters 18-20 Chapter quiz 20.
  • Discussion Question. -Is it morality right to stop treatment to allow death to happen


Week 7: Healthcare Ethics, Procreation and ethical dilemmas

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.

  • Study chapters 16,17.
  • discussion question -What are the difference between allowing a patient to die and physician assisted suicide.


Week 8: Employee discipline and discharge, Managed care
Learning Objectives:
Discuss employement at will
Discuss terminations and damages
Explain unemployement compensation
Discuss Model of Managed care organizations
Utilization review
Read Ch. 21, 23.  Quiz Chapter 24
  • Comprehensive final exam.

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 95-96

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 95

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 98

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:9/18/2012 2:45:50 PM