California State University, Long Beach

College of Health & Human Services

Health Care Administration Program

SYLLABUS: HCA 340

LEGAL ASPECTS OF HEALTH ADMINISTRATION

SPRING, 2010

Instructor: Thomas P. McCabe, J.D., MBA Class Number: 2332, Section: 01, Room: HSD 111

E-mail: Class Meets: Thursdays, 4:00 p.m. to 6:45 p.m.

Office Hours: Wed. 3:00 to 4:00 p.m. or by appt.

Office Location: ET 101 or in Classroom Additional contact info:

Phone 562-708-0955 HCA Program Coordinator:

Deby McGill,

Tel. 562-985-5692; fax 562-985-5886

CATALOG Description:

340. Legal Aspects of Health Administration (3)

Prerequisite/Corequisite: HCA 402. (No exceptions)
Overview of health law issues. Government regulation including legal constraints; liability; negligence; patient rights; confidentiality; and corporate/administrative responsibility. Emphasis on business applications of health law. Letter grade only (A-F). (Lecture)

COURSE OBJECTIVES

·  Provide students with an introduction into the legal aspects of health care administration and measure their grasp thereof.

·  Measuring students ability to recognize and apply legal principles to issues affecting various health care entities.

·  Discern the students ability to recognize when medical issues may require professional legal assistance.

·  Test the students ability to develop an understanding of the legal system in the U.S. and demonstrate, in writing and orally, the manner in which health care institutions interact with it.

Disabled students are requested to inform the instructor of the need for accommodations before or during the first class session.

REQUIRED TEXT

Pozgar, George D., Legal Essentials of Health Care Administration, 2009, Jones & Bartlett Publishers, Sudbury, Massachusetts (Paperback edition)

WITHDRAWALS/DROPS

The symbol "W" indicates that the student was permitted to drop a course after the second week of instruction with the approval of the instructor and appropriate campus official. It carries no connotation of quality of student performance and is not used in calculating grade point average. Students are held responsible for completion of every course in which they register OR FOR WITHDRAWING DURING THE FIRST TWO WEEKS OF CLASSES FROM COURSES WHICH THEY DO NOT INTEND TO COMPLETE. Application for withdrawal from the University or from a class must be officially filed by the student at the Admissions and Records Office whether the student has ever attended the class or not; otherwise, the student will receive a grade of "U" (unauthorized incomplete) in the course. Application for withdrawal is made at the Admissions and Records Office. A “Drop” will be submitted by the Professor for any student not in attendance at the first two classes of the course.

Course METHODOLOGY & ATTENDANCE

The course consists of lectures and student participation in class discussion. Therefore, attendance and participation will be graded and are necessary to achieve the stated course objectives. Lectures and tests will be drawn from the required readings. Oral case recitations will be assigned by the instructor for presentation by students at each class. All students are expected to have read the chapter assignments prior to classes, and all students are expected to complete all course assignments in a timely manner.

ORAL CASE RECITATIONS

Students will be randomly assigned to orally present cases to the whole class at each class meeting starting the second week of classes with Chapter 3. Students are expected to read the case assigned and initiate a discussion with other students regarding the significance of the case as related to the Chapter for that week.

MID-TERM & FINAL EXAM

The exams cover materials from lectures and reading assignments and will not be cumulative. Students with valid excuses who are unable to sit for scheduled exams at the appointed times must make arrangements with the instructor before the scheduled exam date in order to obtain an alternative testing date or time. A Bluebook ( of either size) is required for both the Midterm & the Final.

WRITTEN PROJECT/TERM PAPER

The Written Project/Term Paper shall be on a topic of the student’s choice that is related to this course or a current health care legal issue. You may use either APA or MLA format. It should be well researched and must contain two (2) or more legal cases related to the subject, along with students’ analyses and opinions. It must be no less than ten (10) pages (not counting the cover page); using one and a half (1 ½) line spacing; and, “Times New Roman 12” font. An extra page(s) at the end for references and citations is also required. Students shall submit their topic and an outline of the paper at the fifth class meeting. The Papers are due at the fifteenth class meeting, and will be graded on the basis of compliance with the format, content, organization, spelling, grammar, and logical thinking/conclusions.

SUGGESTIONS FOR TERM PAPER TOPICS

Emergency Preparedness HMOs

Nursing Human Genome Project (Cloning)

Universal Healthcare Malpractice

Veterans Healthcare Healthcare in Correctional Institutions

Medicare/Medi-Cal Fraud & Abuse Home Health

Hospitals Current court cases (Calif. or Fed. Supreme Court)

Antitrust EMTALA (emergency medical treatment and active labor act)

HIPAA Compliance Mergers and Acquisitions

Right to Die Labor Relations (employment, discipline & discharge)

Abortion Statute of Limitations in Healthcare

Pharmaceuticals Licensing

Product Liability Consent

Healthcare Technology Health Related Class Action(s)

Risk Management Arbitration

Public Health Standard(s) of Care

Medical Research Child/Elder Abuse

Biotechnology Forensic Medicine

Ethics Specialty Hospitals (e.g. Neurosurgery only)

Tax & Accounting Ambulatory Surgery Centers

Sarbanes-Oxley Act (2002) Mental Health

Employee Benefits External Review Organizations (e.g. JACHO)

EXTRA CREDIT (up to 25 points maximum)

Research (via internet and/or library), and submit a written (4-5 pages, 1½ line-spaced, Times New Roman font size 12) analysis/report of a health care related legal case which was decided within the last ten (10) years. Alternatively, points may be achieved by joining and attending meetings of professional organizations: e.g. ACHE 25 pts. for joining; HCASF & others 10 pts. for joining and up to 15 pts. for meeting attendance

GRADING

Quizzes (3 at 25 pts each) 75 points

Class Attendance & Participation 40 points

Mid-term 100 points

Written Project/Term Paper 85 points

Final Exam 150 points

Total 450 points

FINAL COURSE GRADE: A = 405 or more points

B = 360 to 404 points

C = 315 to 359 points

D = 270 to 314 points

F = 269 or less points

COURSE MEETING DATES

Class Class Topic /Class Discussion
No. Dates
1.) 1/28 Chapters 1 & 2 Historical perspective and Intro to the law Due: (optional) Student info sheet
2.) 2/04 Chapter 3 Tort Law
3.) 2/11 Chapters 4 & 5 Criminal Aspects of Health Care; Contracts & Antitrust
4.) 2/18 Chapter 6 Civil Procedure & Trial Pract. QUIZ 1 Chapters 1-5
5.) 2/25 Chapter 7 Corporate Liability Due: Topic & Outline of Term Paper
6.) 3/04 Chapters 8 & 9 Medical Staff; Nursing & the Law
7.) 3/11 Chapter 10 Liability by Dept. QUIZ 2 Chapters 6-9
8.) 3/18 Chapters 11 & 12 Info Mgmt.& Records and Pt. Consent
9.) 3/25 MID-TERM EXAM (Chapters 1-12)
10.) 4/01 SPRING BREAK No Class
11.) 4/08 Chapters 13 & 14 Legal Reporting Obligations & Issues of Procreation
12.) 4/15 Chapter 15 & 16 Pt. Rights & Responsibilities & AIDS;
13.) 4/22 Chapter 17 & 18 Ethics & Malpr. Ins. QUIZ 3 Chapters 13-16
14.) 4/29 Chapters 19, & 20 Labor Relations & Employee Discip. & Dischg.,
15.) 5/06 Chapters 21 & 22 Managed Care & Tort Reform, Risk Reduction TERM PAPER DUE
16.) 5/13 Chapter 23 Patient Safety & Zero Tolerance
17.) 5/20 FINAL EXAM (Chapters 13-23)


BIBLIOGRAPHY

WEBSITES

Telemedicine: AMD Telemedicine www.amdtelemedicine.com

Biohealthmatics www.biohealthmatics.com

WebMD www.webmd.com

Healthweb Telemedicine www.lib.uiowa.edu

Accreditation JCAHO www.jcaho.org

Associations ACHE www.ache.org

AHA www.aha.org

AMA www.ama-assn.org

ANA www.ana.org

WHO www.who.int

American Cancer Society www.cancer.org

National Cancer Institute www.nci.nih.gov

Best Practice Network www.best4health.org

GOVERNMENT

Center for Disease Control www.cdc.gov

Health & Human Services www.hhs.gov

National Library of Medicine www.nlm.nih.gov

HIPAA www.os.dhhs.gov/ocr/hipaa

LEGAL RESEARCH

American Bar Association www.abanet.org

Answers to your legal q’s www.legalscholar.com

Findlaw www.findlaw.com

Healthcare Law Net www.healthcarelawnet.com/

Law.com www.law.com

Legal Information Inst www.law.cornell.edu/topical.html

OPTIONAL STUDENT INFORMATION SHEET

HCA 341 – Fall 2004

(TURN IN TO INSTRUCTOR)

Name______

Name you prefer to use______

Address______

______

Phone(s):______

Best time/place to reach you:______

Fax(es):______

E-mail address:______

Please describe briefly:

a. Your educational background and work experience:

b. Future educational and career plans:

c. Your reasons for taking this course, what you hope to learn from it:

d. Languages you speak, read and write


CHEATING AND PLAGIARISM

The following is excerpted from the California State University, Long Beach Policy Statement 85-19, dated December 13, 1985.

It is the policy of the faculty and administration to deal effectively with the student who practices cheating or plagiarism. These acts are fundamentally destructive of the process of education and the confident evaluation of a student’s mastery over a subject. A University maintains respect and functions

successfully within the larger community when its reputation is built on honesty. By the same token, each student benefits in helping to maintain the integrity of the University. This policy, therefore, provides for a variety of faculty actions including those which may lead to the assignment of a failing grade for a course and for administrative actions which may lead to dismissal from the University. It is the intent to support the traditional values that students are on their honor to perform their academic duties in an ethical manner. The following definitions of cheating and plagiarism shall apply to all work submitted by a student:

DEFINITION OF PLAGIARISM:

Plagiarism is defined as the act of using the ideas or work of another person or persons as if they were one’s own, without giving credit to the source. Such an act is not plagiarism if it is ascertained that the ideas were arrived at through independent reasoning or logic or where the thought or idea is common

knowledge. Acknowledge of an original author or source must be made through appropriate references, i.e., quotation marks, footnotes, or commentary. Examples of plagiarism include, but are not limited to, the following: the submission of a work, either in part or in whole, completed by another; failure to give credit for ideas, statements, facts or conclusions with rightfully belong to another; in written work, failure to use quotation marks when quoting directly from another, whether it be a paragraph, a sentence, or even a part thereof; close and lengthy paraphrasing of another writing or paraphrasing should consult

the instructor. Students are cautioned that, in conducting their research, they should prepare their notes by (a) either quoting material exactly (using quotation marks) at the time they take notes from a source; or (b) departing completely from the language used in the source, putting the material into their own words. In this way, when the material is used in the paper or project, the student can avoid plagiarism resulting from verbatim use of notes. Both quoted and paraphrased materials must be given proper citations.

DEFINITION OF CHEATING:

Cheating is defined as the act of obtaining or attempting to obtain or aiding another to obtain academic credit for work by the use of any dishonest, deceptive or fraudulent means. Examples of cheating during an examination would include, but not be limited to the following: copying, either in part or in whole,

from another test or examination; discussion of answers or ideas relating to the answers on an examination or test unless such discussion is specifically authorized by the instructor; giving or receiving copies of an exam without the permission of the instructor; using or displaying notes; “cheat sheets,” or other information or devices inappropriate to the prescribed test conditions, as when the test of competence includes a test of unassisted recall of information, skill, or procedure; allowing someone other than the officially enrolled student to represent the same. Also included are plagiarism as defined and altering or interfering with the grading procedures. It is often appropriate for students to study together or to work in teams on projects. However, such students should be careful to avoid use of unauthorized assistance, and to avoid any implication of cheating, by such means as sitting apart from one another in examinations, presenting the work in a manner which clearly indicates the effort of each individual, or such other method as is appropriate to the particular course.

ACADEMIC ACTION:

One or more of the following academic actions are available to the faculty member who finds a student has been cheating or plagiarizing.

(a) Review—no action.

(b) An oral reprimand with emphasis on counseling toward prevention of further occurrences;

(c) A requirement that the work be repeated;

(d) Assignment of a score of zero (0) for the specific demonstration of competence, resulting in the proportional reduction of final course grade;

(e) Assignment of a failing final grade;

(f) Referral to the Office of Judicial Affairs for possible probation,

suspension, or expulsion.

Updated January 22, 2003

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