Health Law: Cases, Materials and Problems, 7th / Edition 7

by Barry Furrow, Thomas Greaney, Sandra Johnson, Timothy Jost, Robert Schwartz

Overview

For more than two decades, Health Law: Cases, Materials and Problems has defined the field of health law, providing a balanced overview of law as it affects patients, professionals, institutions, and entities that deliver and finance U.S. health care. The 7th Edition of Health Law comprehensively reviews the provisions of the Affordable Care Act with topics such as the oversight of quality (including the latest developments in patient safety), cost control (including consumer-directed health care), guarantees of adequate access to services, exempt-organization tax issues, transactions and relationships among health care professionals and providers, the Employee Retirement Income Security Act (ERISA), and malpractice litigation. The Supreme Court decision in National Federation of Independent Business v. Sebelius is carefully edited to present all the issues in the case.

Written without a policy bias to fairly reflect all viewpoints, the book considers legal and ethical issues involving death, human reproduction, medical treatment decision making, and medical research. It also explores the government's efforts to control costs and expand access through Medicare and Medicaid and examines government attempts to police anticompetitive activities, fraud, and abuse. Using carefully edited primary materials and effective classroom-tested problems, the book exposes students to the core issues in health law using the most recent judicial and statutory materials.

Product Details

ISBN-13:	9780314265098
Publisher:	West Academic
Publication date:	06/06/2013
Series:	American Casebook Series
Edition description:	7
Pages:	1888
Product dimensions:	7.90(w) x 10.10(h) x 2.60(d)

Table of Contents

Preface

Acknowledgments

Table of Cases

Chapter 1 Defining, Evaluating and Distributing Health Care: An Introduction

I. Defining Sickness

II. Quality in Health Care

III. The Problem of Medical Error

IV. Distributive Justice and the Allocation of Health Care Resources - The Example of Human Organ Transplantation

PART I PROMOTING QUALITY

Chapter 2 Quality Control Regulation

I. Licensing of Health Care Professionals

II. Quality Control Regulation of Health Care Institutions

Chapter 3 Liability of Health Care Professionals

I. The Standard of Care

II. Judicial Risk - Benefit Balancing

III. Other Theories

IV. Defenses to a Malpractice Suit

V. Causation Problems: Delayed, Uncertain, or Shared Responsibility

VI. Damage Innovations

Chapter 4 Liability of Health Care Institutions

I. From Immunity to Vicarious Liability

II. Hospital Direct Liability

III. Managed Care Organizations

Chapter 5 Reforming the Tort System for Medical Injuries

I. The Sources of the Malpractice Crisis

II. Responses to the Crisis

III. The Effects of Reform: A Preliminary Assignment

IV. Alternative Approaches to Compensation of Patient Injury

Chapter 6 The Professional-Patient Relationship

I. The Contract Between Patient and Physician

II. Confidentiality and Disclosure in the Physician-Patient Relationship

III. Informed Consent: The Physician's Obligation

PART II ORGANIZING THE HEALTH CARE ENTERPRISE

Chapter 7 Professional Relationships in Health Care Enterprises

I. Staff Privileges and Hospital-Physician Contracts

II. Managed Care Contracts for Professional Services

III. Labor and Employment

IV. Discrimination Law

V. Practice Agreements

Chapter 8 The Structure of the Health Care Enterprise

I. Introduction - Where's Waldo? -- Part I

II. Forms of Business Enterprises and Their Legal Consequences

III. Integration and New Organizational Structures

IV. Tax-Exempt Health Care Organizations

Chapter 9 Regulatory Control of Providers' Financial Relationships

I. False Claims

II. Medicare and Medicaid Fraud and Abuse

III. Stark I & II: A Transactional Approach to Self-Referrals

IV. State Statutes and Alternative Approaches to Referrals and Fee Splitting

Chapter 10 Antitrust

I. Cartels and Professionalism

II. Health Care Enterprises, Integration and Financing

PART III ACCESS AND COST CONTROL

Chapter 11 Health Care Cost and Access: The Policy Context

I. The Problem

II. Approaches to Health Care Reform

Chapter 12 Access to Health Care: The Obligation to Provide Care

Chapter 13 Legal Oversight of Private Health Care Financing

I. Private Health Care Financing: An Overview

II. Regulation of Private Health Insurance Under State Law

III. ERISHA

IV. Federal Initiatives to Expand Private Insurance Coverage, the Health Insurance Portability and Accountability Act of 1996, Cobra, and the ADA

Chapter 14 Public Health Care Programs: Medicare and Medicaid

I. Introduction

II. Medicare

III. Medicaid

PART IV BIOETHICS

Chapter 15 Human Reproduction and Birth

I. When Does Human Life Become a "Person"?

II. Medical Intervention in Reproduction

III. Fetal Maternal Decision making

Chapter 16 Legal, Social and Ethical Issues in Human Genetics

I. Introduction

II. Legal Responses to Privacy, Confidentiality, Consent and Discrimination

Chapter 17 Defining Death

I. Introduction

II. The Development of the "Brain Death" Definition

III. Anencephalic Infants

IV. Religious and Other Objections to Definitions of Death: Letting the Patient Decide Which Definition to Use

Chapter 18 Life and Death Decisions

I. Principles of Autonomy and Beneficence

II. The United States Constitution and the "Right to Die"

III. The "Right to Die" - Patients With Decisional Capacity

IV. The "Right to Die" - Patients Without Decisional Capacity

V. The "Right to Die" - Children and Newborns

VI. Criminal & Civil Liability in "Right to Die" Cases

VII. Physician Assisted Death

Chapter 19 Interdisciplinary Decision making in Health Care; IRBs, Ethics Committees, and

Advisory Committees

I. Regulation of Research Upon Human Subjects - IRBs

II. Institutional Ethics Committees

III. National and State Commissions

INDEX