TRANSITION GUIDE. The Law of Healthcare Administration, Sixth Edition

Transcription

1 TRANSITION GUIDE The Law of Healthcare Administration, Sixth Edition J. Stuart Showalter, JD, MFS The Law of Healthcare Administration, Sixth Edition offers a practical examination of healthcare law from the management perspective. It is a thorough treatment of healthcare law in the United States, written in plain language for ease of use. WHAT S NEW IN THIS EDITION The sixth edition features: Updated case examples and citations throughout the textbook Discussions of recent legal developments in high-profile areas, including liability of managed care organizations; challenges to tax-exempt status; and developments related to privacy, especially the HITECH Act and identity theft red flags A new chapter that tracks the history of healthcare and the historical foundations of health law Updated references to The Joint Commission standards An expanded glossary with on-the-page definitions Scroll down to see the complete chapter listing! CHAPTER BREAKDOWN Chapter 1 - The Anglo-American Legal System UPDATED Some History Anglo-American Law The Definition of Law Types and Sources of Law The Court System Alternative Dispute Resolution Legal Procedure Simkins v. Moses H. Cone Mem. Hosp New case Planned Parenthood of S.E. Pennsylvania v. Casey 1

2 Chapter 2 - A Brief History of Medicine Introduction The Long View: A Summary Early History The Civil War to WWI The Last 110 Years Health Reform Arrives at Last (Apparently) Appendix 2.1: A Select Timeline in the History of Medicine NEW CHAPTER Chapter 3 - Contracts and Intentional Torts Think Like a Lawyer Elements of a Contract The Physician Patient Relationship Liability for Breach of Contract Liability for Breach of Warranty Intentional Torts Assault and Battery Stowers v. Wolodzko Chapter 4 - Negligence Duty Breach of Duty Injury and Causation Defenses Liability for Acts of Others: Vicarious Liability Countersuits by Physicians Reforming the Tort System Helling v. Carey Perin v. Hayne Formerly Chapter 2/UPDATED Formerly Chapter 3/UPDATED Chapter 5 The Organization and Management of a Corporate Healthcare Institution Formerly Chapter 4/UPDATED Formation and Nature of a Corporation Responsibilities of the Governing Board Responsibilities of Management Management s Role in Employment Law Issues Piercing the Corporate Veil Multi-Institutional Systems and Corporate Reorganization Alternative Corporate Strategies Collaborative Strategies with Physicians What Lies Ahead Charlotte Hungerford Hospital v. Mulvey Stern v. Lucy Webb Hayes National Training School for Deaconesses and Missionaries 2

3 Woodyard, Insurance Commissioner v. Arkansas Diversified Insurance Co Chapter 6 - Liability of the Healthcare Institution Respondeat Superior Versus Independent Contractor Status Erosion of Physicians Independent Contractor Status Apparent Agency Erosion of Captain-of-the-Ship and Borrowed-Servant Doctrines Doctrine of Corporate Liability Liability of Managed Care Orgs Norton v. Argonaut Insurance Co Johnson v. Misericordia Community Hospital Formerly Chapter 5/UPDATED Chapter 7 - Health Reform, Access to Care, and Admission and Discharge Formerly Chapter 6/UPDATED Introduction: The Right to Healthcare The Health Reform Laws of 2010 Pre-Reform Principles: Admission and Discharge Admission and Treatment of Mentally Ill Patients Discharge from the Hospital Utilization Review: Controls on Admission and Discharge Hill v. Ohio County Chapter 8 - Medical Staff Privileges and Peer Review Formerly Chapter 7/UPDATED The Medical Staff Organization Appointment of Medical Staff Due Process and Equal Protection Requirements Standards for Medical Staff Appointments Peer Review, Discipline, and the Health Care Quality Improvement Act Other Medical Staff Issues Kadlec Medical Center v. Lakeview Anesthesia Associates New case Appendix 8.1: Healthcare Quality Improvement Act of 1986, as Amended Chapter 9 - Emergency Care The Need for Emergency Care Facilities Duty to Treat and Aid Duty to Exercise Reasonable Care Good Samaritan Statutes Formerly Chapter 8/UPDATED Chapter 10 - Consent for Treatment and Withholding Consent Formerly Chapter 9/UPDATED Types of Consent and Recommended Procedures The Healthcare Institution s Role in Consent Cases How Informed Must Informed Consent Be? Consent of a Spouse or Relative Life-or-Death Decisions 3

4 Consent Issues for Incompetent Adults Consent Issues for Minors Legislation and Protocols on End-of-Life Issues Cobbs v. Grant Bush v. Schiavo Appendix 10.1: Georgia Advance Directive Appendix 10.2: Physician Orders for Life-Sustaining Treatment (POLST) Chapter 11 - Taxation of Healthcare Institutions Formerly Chapter 10/UPDATED Nature of a Charitable Corporation Federal Tax Issues State and Local Property Taxes Coming Full Circle Greater Anchorage Area Borough v. Sisters of Charity Barnes Hospital v. Collector of Revenue Provena Covenant Medical Center v. Department of Revenue New case Chapter 12 - Competition and Antitrust Law Formerly Chapter 11/UPDATED The Sherman Act The Clayton Act The Federal Trade Commission Act Jurisdiction, Exemptions, and Immunity Sanctions and Enforcement of Antitrust Statutes Rule-of-Reason Analysis and Per Se Violations In the Matter of Evanston Northwestern Healthcare Corporation New case Chapter 13 - Fraud Laws and Corporate Compliance The Enforcement Climate False Claims Act Anti-Kickback Statute Stark Self-Referral Law Corporate Compliance Programs United States v. Greber United States v. McClatchey Chapter 14 - Issues of Reproduction and Birth Sterilization Wrongful Birth and Wrongful Life Other Reproduction Issues Abortion Hospitals Role in Reproduction Issues Formerly Chapter 12/UPDATED Formerly Chapter 13/UPDATED 4

5 Skinner v. Oklahoma ex rel. Attorney General Chapter 15 - Health Information Management Formerly Chapter 14/UPDATED Covered Entity, Protected Health Information, and De-identification Form and Content of Records Access to Health Information Use of Health Records in Legal Proceedings State Open-Meeting and Public-Records Laws Tarasoff v. Regents of the University of California LEARNING SYSTEM For certified instructors: The following teaching aids are ONLY available to instructors: Discussion questions with talking points Questions about case excerpts Teaching suggestions PowerPoint slides Test bank For access, please hap1@ache.org and include your course, university, and department names as well as a phone number we can call to verify your employment as an instructor. 5