HS550 - Health Care Law
Health Sciences
Dominick L. Flarey, PhD, MBA, RN, CS, CNAA, FACHE - E-MailVita
COURSE DESCRIPTION
This is a graduate level course for students in Health Care Administration, either the full
degree program, continuing education, or MBA concentration. This is desgined as an intermediate
level health care law course that focuses on the many principles and theories of the law as it
relates to health care delivery, especially aspects affecting health care management and
administration. This course examines applications in law, both generally and in relation to
health care liability and risks facing health care managers and practitioners today.
This course prepares graduate students to operationalize the learned principles into actual
management/administrative practice. Learning will provide students with the necessary foundation
to apply these principles in the job setting as well as prepare the student for advanced study
in health care law.
Some of the topics and subjects covered include: the legal system in the United States, tort law,
professional negligence, contracts, anti trust issues, corporate liability, issues regarding the
medical staff, issues regarding specific health care practitioners, nursing law, department
liabilities, information systems and management, issues of consent, reporting requirements,
patients rights, AIDS, malpractice insurance, labor relations, employment law, managed care and
risk reduction.
The course is formatted as an online course, with discussions, weekly assignments, a midterm and
a final examination.
COURSE OVERVIEW and INTRODUCTION
I am happy to provide you with information and instructions regarding this course. As you know,
this course is designed to be completed within eight weeks of study, in keeping with the
curriculum design of this degree program.
This is an exciting course and I am sure you will learn some of the most interesting principles
related to the specialty of Health Care Law and its application to practice as a manager/
executive. After successful completion of the course, you will have a much greater understanding
of the legal issues that are applicable to the delivery of health care services, as well as some
of the most current and pressing issues in care delivery. You will also understand the importance
of acquiring knowledge and skill in this area of practice in order to safe guard your clients,
the organization and yourself, from liability. Learning and understanding Health Care Law is one
of the hallmarks of graduate education in health care delivery; whether clinical or
administrative.
This course is a graduate level course. It is formatted to be self-directed, along with one-on-
one mentoring by faculty. As your instructor, you and I communicate throughout your time spent
in this important study. Communication can be by email, fax, phone, etc. As a graduate level
course, you must be prepared to operationalize the concepts learned into the reality of today's
health care environment. The readings in the text, the analysis of case studies supplied in the
text, our discussions, and your weekly assignments will assist in meeting this broad based goal.
You will find the text book for this course to be one of the best available for the study of
Health Care Law and related Legal Issues at the graduate level. It is packed with information,
as well as presentation of related court cases with analysis.
TEXTBOOKOnline Bookstore
Pozgar, George D (2004). Legal Aspects of Health Care Administration, 9th edition.
Jones and Bartlett Publishers Inc. ISBN #: 076373182X
This text is available for purchase at http://www.aspenpublishers.com
The home page has a search feature. You can type in the name of the text, or the author's name
to retrieve information about the text, as well as online purchase. Please order your book as
soon as possible. This book is shipped in approximately one week after placing the order.
INTRODUCING YOUR INSTRUCTOR: Dominick L. Flarey, PhD, MBA, RN, CS, CNAA, FACHE - is President of Dominick L. Flarey &
Associates, a health care consulting firm, and The Center for Medical-Legal Consulting. Dominick
is a Certified Legal Nurse Consultant, and is the Editor in Chief of JONA's (Journal of Nursing
Administration) Healthcare Law, Ethics & Regulation. He has held positions as a certified
nurse practitioner, associate administrator of patient care, chief operating office and
administrator in acute care hospitals. He was an executive consultant to a national "Big 6"
accounting firm's health care practice and was a service line administrator and consultant for
case management for another national consulting firm. He holds a BSN, an MBA, and Doctorates in
nursing administration and management.
Dr. Flarey is certified in nursing administration advanced and as an adult nurse practitioner by
the American Nurses Association Credentialing Center. He is a board certified health care
executive by the American College of Healthcare Executives, and is a Fellow in the college. He
is also certified as a Medical-Legal Consultant. He is Professor of the Legal Nurse Consulting
Certificate Program at Canyon College. He lectures around the country extensively on legal and
ethical issues related to health care practice.
He is a member of the editorial boards of the Journal of Nursing Administration,
Seminars for Nurse Managers, Case Management: Managing the Process of Patient Care,
and Nursing Outcomes. He has authored over 50 published articles in peer-reviewed
journals.
Dr. Flarey is editor/author of the book, "Redesigning Nursing Care Delivery: Transforming Our
Future," published by Lippincott/Raven publishers. He is also co-editor/author of the following
books by Aspen Publishers: "Reengineering Nursing and Health Care: The Handbook for
Organizational Transformation," winner of a 1995 AJN book of the year award, "The Handbook of
Nursing Case Management: Health Care Delivery in a World of Managed Care," "Case Studies in Case
Management," "Health Care Outcomes: Collaborative, Path-Based Approaches," and "Cardiovascular
Outcomes: Collaborative, Path-Based Approaches," and "Process-Centered Healthcare Organizations."
HOW TO REACH YOUR INSTRUCTOR
I am available to you on an ongoing basis throughout your time spent in this course. Please feel
free to contact me at any time with questions, concerns, issues, etc. I am here to assist you
and mentor you to achieve your goals and experience success in this course.
Email address: dominick@canyoncollege.edu
Phone: 330-544-9208
Fax: 330-652-7575
I prefer that whenever possible you contact me by Email. I travel and speak extensively and
always have my lap top computer with me with access to email. As such, contacting me by Email is
the fastest way to get in touch with me.
I am more than happy to speak with you anytime on the phone. Please email me and notify me that
you would like to speak to me. Leave me a phone number where I can reach you, as well as a
preferred date and time that you would like me to call you.
Again, do not hesitate to contact me. I am here for you and look forward to working with you.
EXAMINATIONS
There are two examinations for this course. There is a mid-term examination and a final
examination. Both examinations are "open" book. They thoroughly test knowledge in key areas of
course content. While open book, they require thought and knowledge of the related content for
successful completion.
Both examinations are taken "online." The examinations are accessed through the website for
Canyon College. When you are ready to take the examinations, please email me directly
(dominick@canyoncollege.edu) and request authorization to take your exam. I will in turn notify the
College that you may have exam access. You will receive an email notice from the College's
administrative offices that you are permitted to have access to the examination.
When you are ready to take the examinations, access the website, and take the examination. The
examinations are graded after completion and you will be notified almost immediately of your
score.
Please plan to take the midterm exam by the end of the week of the 4th week of the course, or
earlier by prior arrangement with me. The final examination must be taken by the last day of the
final week of the course.
GRADE ASSIGNMENT FOR EXAMINATIONS
You will receive a letter grade, based on your overall score achievement. The grading scale is
as shown.
90-100%
A
80-89%
B
70-79%
C
60-69%
D
Below 60%
F
You will receive a letter grade for each examination. Your final course grade will be a computed
average of the scores you achieve on both examinations.
I will email you your score and letter grade for each of the examinations, as well as your final
average score and final letter grade for the course.
READING ASSIGNMENTS
Your reading assignments are self-paced and are designed to follow the content, learning
objectives, and sequencing for both the midterm and the final examinations. Here is the link for
the reading assignments.
During the first week of the course, please email your instructor and provide your
instructor with some basic information about you, including:
a) your email address
b) your goals for this course
c) your overall goals for a career in health care administration
d) your past and current work experiences
e) any experiences you have had in health care delivery and/or administration
Refer to the individual assignments, including pass/fail weekly discussion questions by
visiting the
Assignments
page
After reading and studying chapters 1-10, proceed to take the midterm examination by
notifying your instructor.
After reading chapters 11-21, proceed to take the final examination by notifying your
instructor.
Contact your instructor any time you would like to discuss the readings, have questions,
require clarifications or further explanations. dominick@canyoncollege.edu
Share with your instructor current events issues related to ethics that you identify in the
news media, etc. In turn, your instructor may share such information with you for discussion and
analysis.
Be sure to complete your weekly written assignments and forward those to your instructor
within the required time frame.
Have fun! Be positive! Achieve your goals!
COURSE OBJECTIVES
You are responsible for reviewing the objectives as listed below for each chapter in the text
book, prior to reading and studying the chapter. The objectives will guide you in your learning
and assist you in knowledge attainment. The objectives are provided for your benefit and
guidance. Please feel free to email me if you have any questions about the objectives for this
course.
Understand the history of the law, including common law and medical malpractice issues
Understand the basic premises and contrasts of statutory law and administrative law
Identify and discuss the major conflicts of the law
Discuss Government organization as it relates to the legal system
Identify and discuss the major administrative departments and agencies of our government's
legal system
Discuss the role of the Department of Justice
Discuss the role of the Department of Labor
Understand the scope and function of the National Labor Relations Board
Chapter 2
Define and discuss the theories of negligence in tort law, including its forms, degrees and
elements
Discuss the concepts of duty, standard of care, breach of duty, and damages as they relate to
health care malpractice litigation
Identify the elements involved in intentional torts, including assault and battery, false
imprisonment, defamation of character, and fraud
Identify and discuss the key elements related to cases of product liability
Chapter 3
Define and discuss the issues of criminal law and its relation to health care law
Define the process for arrest and the trial processes for cases of criminal law
Discuss the legal issues inherent in the control of medications, both legal and illegal
Identify the duties required of health care providers in reporting child abuse
Define and discuss the concept of criminal negligence
Discuss the major legal issues involved in criminal cases dealing with falsification of
records
Identify and discuss the major types of fraud that are seen in health care practice
Define and discuss the issues of Anti Trust and the correlating laws regarding such issues
Define the criminal process in cases of patient abuse
Discuss issues of the law related to petty theft
Chapter 4
Define and discuss the major types of contracts that are used in contract law and related
to health care administrative practice
Define the concept of competent parties as it relates to contract law
Define and discuss the statute of frauds as related to contract law
Identify and discuss issues of contract remedies
Discuss the concept of arbitration
Discuss the legal issues of employment contracts
Understand and discuss the law related to restraint of trade, including the Federal Trade
Commission and the Sherman Antitrust Act
Identify the legal issues related to hospital staff privileges
Discuss legal issues of transfer agreements
Chapter 5
Identify and discuss the major components of civil procedures and trail practice
Identify and summarize the following procedures; pleadings, discovery, preparation of
witnesses, motions, notice of trial, the court, the jury and subpoenas
Discuss the concept of burden of proof
Discuss the concept of evidence
Discuss the concept of defenses against recovery
Discuss the process and purpose of closing statements
Define the process of the judge's charge to the jury
Define the issues and discuss the types of damages in malpractice cases
Discuss the concept of appeal
Chapter 6
Define and discuss the theory of the authority of health care corporations
Discuss the legal issues related to corporate organization and committee structure
Define and discuss the Doctrine of Respondent Superior
Define and discuss the Doctrine of Corporate Negligence
Discuss the benchmark case of Darling
Define and discuss the duties of health care corporation
Define and discuss the CEO's role and legal responsibilities
Define and discuss the legal issues related to the medical staff
Chapter 7
Define organizational medical staff structures
Define the concept and issues related to medical staff privileges
Define the appointment and screening processes for medical staffs
Discuss the issues of delineation of clinical privileges
Define and discuss the appeals process
Discuss the issue of negligence in granting privileges
Define the duty for physician monitoring
Discuss legal issues of medical staff suspension and termination
Define and discuss physician liabilities related to key medical practices
Discuss the legal issues related to liability for the actions of others
Discuss the legal issues related to premature discharges
Define and discuss the legal issues of psychiatric practice, including commitment
Define and discuss the theory of Duty to Warn
Discuss legal issues related to suicide
Discuss legal issues related to invasive procedures
Discuss the legal issues related to timely diagnosis
Chapter 8
Discuss the historical perspectives on nursing law
Define and discuss the legal issues related to nursing licensure
Discuss the roles of the American Nurses Association and National League for Nursing
Define the roles of the chief nurse executive
Discuss the legal issues related to roles of nurse practitioners, clinical nurse specialists,
nurse anesthetists and nurse midwifes
Define the legal issues related to nursing assistant practice
Define the legal issues related to special duty nurses and students
Define and discuss the major legal issues related to administration of drugs
Discuss issues related to the duty to follow procedures
Define and discuss the major duties of nursing in practice
Define and discuss issues related to omissions in practice
Define and discuss the issues related to patient falls
Discuss the legal considerations around staffing
Chapter 9
Define and discuss the major issues of liability for the practice of dentistry
Define and discuss the major issues of liability for the practice of dietary services
Define and discuss the major issues of liability for care in the emergency room
Define and discuss the major issues of liability for the environment of care
Define and discuss the major issues of liability for the laboratory
Define and discuss the major issues of liability for the pharmacy
Define and discuss the major issues of liability for physical therapy
Define and discuss the major issues of liability for chiropractic care
Define and discuss the major issues of liability for physician assistants
Define and discuss the major issues of liability for podiatrists
Define and discuss the major issues of liability for respiratory therapists
Discuss issues related to sexual improprieties of various health care professionals
Discuss legal issues related to licensing and certification of health care professionals
Chapter 10
Define the major legal issues related to information systems management in health care
Define the legal theories related to the patient's medical record
Discuss issues related to privileged communication in health care delivery
Define the legal ownership of the medical record
Discuss legal issues related to psychiatric records
Discuss legal issues related to substance abuse records
Define the Privacy Act of 1974
Define and Discuss legal issues and potential liabilities of computerized medical records
Discuss duty to retain medical records
Define the primary issues related to allegations of falsification of records
Discuss the legal issues related to illegible entries and penmanship
Chapter 11
Define and discuss the Patient Self Determination Act of 1991
Discuss the doctrine of Informed Consent
Define the major legal issues related to failure to obtain informed consent
Discuss the patient's rights to refuse treatment from a legal perspective
Define the various means of proof to consent
Define and discuss who may legally consent
Discuss religious beliefs related to consent and how liability is determined
Discuss the legal use of release forms
Explain statutory consent
Discuss liability of the failure to inform
Chapter 12
Define and discuss legal requirements of child abuse
Define and discuss legal requirements of elder abuse
Define the legal reporting mandate for communicable diseases
Define the legal requirements to report births and deaths
Discuss the legal issues of the national practitioner data bank
Discuss the use and the legal status of incident reports
Discuss sentinel event reporting as defined by the JCAHO
Discuss issues related to corporate compliance programs
Chapter 13
Discuss the major, public knowledge cases regarding abortion and court decisions
Discuss Supreme Court decisions related to abortion
Define the role of states in the legal issues of abortion
Discuss the legal issues of employees rights to refuse to participate in abortions
Discuss the major legal issues regarding sterilization procedures
Discuss the major legal issues related to artificial insemination
Define and discuss claims of wrongful birth, wrongful pregnancy, wrongful conception
Chapter 14
Define and discuss the legal issues related to Patient's Rights in health care
Define and discuss the legal issues related to Patient Privacy
Define and discuss the legal implications of discharging patients
Define and discuss the legal implications of transferring patients
Discuss a Patient's Bill of Rights
Discuss the legal duties of patient advocacy
Chapter 15
Define the mode of transmission of AIDS
Define the most pressing issues related to AIDS and health care workers
Discuss causation for suspension of surgical privlidges
Discuss AIDS as it related to confidentiality and the medical record
Discuss current thoughts and legal issues related to mandatory HIV testing
Define issues of discrimination and inherent legal risks
Define potential criminal action in cases related to AIDS
Define laws related to reporting requirements of HIV infection
Discuss the Occupational Safety and Health Act
Chapter 16
Define Euthanasia
Define the classifications of Euthanasia
Discuss Constitutional considerations around end of life issues
Define death
Define and discuss the major legislative responses to end of life issues
Discuss legal issues related to removing feeding tubes
Discuss legal issues related to assisted suicide
Define and discuss issues related to Do Not Resuscitate Orders
Discuss the role of health care ethics committees
Define the legal issues of autopsy's
Define legislative actions for organ donation
Discuss the major legal issues related to experimental care modalities
Chapter 17
Define and discuss types of risk categories for malpractice insurance policies
Discuss issues related to nursing malpractice insurance
Define and discuss the key concepts related to an insurance agreement
Define specifically issues related to medical malpractice insurance
Discuss the legal issues related to medical staff insurance coverage
Chapter 18
Discuss the history of unionization in health care
Define the major federal labor acts
Discuss the Labor-Management Reporting and Disclosure Act of 1959
Define and discuss the Fair Labor Standards Act
Define and discuss the Equal Employment Opportunity Act of 1972
Discuss legal issues related to racial discrimination
Define and discuss the Occupational Safety and Health Act of 1967
Define and discuss the major state laws related to work and wages
Define the legal rights of labor
Define management's rights
Discuss patients rights during labor disputes
Chapter 19
Discuss the legal doctrine of Employment at Will
Discuss public policy issues related to age and sex
Discuss legal issues related to sexual harassment
Define the legal issues of reporting patient abuse
Discuss the concept and statutes related to Whistle Blowing
Discuss the issues of retaliatory discharge
Define and discuss the various legal issues related to employee termination
Chapter 20
Define and discuss the most common models of managed care organizations
Define an historical consolidation
Define Federally Qualified HMO's
Discuss various state statues related to managed care
Discuss legal issues related to Case Management firms
Discuss legal issues related to Utilization Review
Define the ERISA laws
Discuss the major legal risks of managed care organizations
Discuss the legal issues of managed care and anti trust
Define and discuss the legal issues involved in a corporate reorganization
Define and discuss Safe Harbor Regulations
Chapter 21
Discuss the major issues related to Tort Reform
Define strategies to reduce the risks of malpractice and claims of negligence
Discuss the legal role of expert witnesses
Define examples of malpractice caps (awards)
Discuss implications of standard of care setting
Define the essential elements of a risk management program
Define and discuss continuous quality improvement in health care today