Law of Healthcare Administration / Edition 5

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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. Extensive coverage: of the 2010 Affordable Care Act considers implications for corporate integrity programs, fraud enforcement, patients' access to care, and physician-hospital relations. Objectives, summaries, and discussion questions highlight important points in each chapter.

This Edition Features:

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

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Editorial Reviews

Doody's Review Service
Reviewer: Joan S Leafman, PhD (A. T. Still University)
Description: As the legal environment has changed and continues to change, this sixth edition adds much needed information in the area of health administration law. Specifically addressed in this edition is the 2010 Affordable Care Act (ACA) and its implications for healthcare law and compliance.
Purpose: The emphasis of this edition is on the evolving issues surrounding the ACA as well as healthcare administrators' fiscal responsibilities and risk management. Also new to this edition is a chapter on historical foundations of health law. These revisions are crucial for healthcare managers. Knowledge of the history of healthcare law as well as the current environment is essential for successful management. This book meets and exceeds its objectives. It is comprehensive, readable, informative, and well presented with interesting and pertinent examples.
Audience: It is written for all individuals involved in healthcare. It is of particular interest to students and healthcare administrators. The author is a JD who has spent his career in health law.
Features: This book covers the landscape of health law, with chapters on taxation, torts, negligence, antitrust, fraud, and reform. Each chapter has a brief, interesting history, examples for application, and actual case studies with results as determined by the courts. What is most compelling about this book is its objectivity in the presentation of facts and the author's ability to present complex concepts in a way that all readers can understand and appreciate. Most unique are the regular insets offered every few pages that clearly summarize the heart of the topic being discussed as well as "the court decides" cases followed by discussion questions. If there is any shortcoming, it involves timing. The ACA, like other healthcare law issues, are ever changing, and tackling these issues in print means some information quickly becomes outdated.
Assessment: This is an excellent book, worthy of permanent shelf space as a healthcare and health law resource and reference. With its updates and additions, the sixth edition adds value to an already valuable book.
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Product Details

  • ISBN-13: 9781567939576
  • Publisher: Health Administration Press
  • Publication date: 9/28/2007
  • Edition number: 5
  • Pages: 511
  • Product dimensions: 7.10 (w) x 10.20 (h) x 1.30 (d)

Table of Contents

Preface to the Sixth Edition xiii

Acknowledgments xv

Chapter 1 The Anglo-American Legal System 1

Some History 1

Anglo-American Law 2

The Definition of Law 3

Types and Sources of Law 4

The Court System 9

Alternative Dispute Resolution 14

Legal Procedure 15

The Court Decides 21

Simkins v. Moses H. Cone Mem. Hosp 21

Planned Parenthood of S.E. Pennsylvania v. Casey 24

Chapter 2 A Brief History of Medicine 27

Introduction 27

The Long View: A Summary 28

Early History 28

Health Reform Arrives at Last (Apparently) 46

Conclusion 47

Appendix 2.1: A Select Timeline of the History of Medicine 51

Chapter 3 Contracts and Intentional Torts 55

Think Like a Lawyer 55

Elements of a Contract 56

The Physician-Patient Relationship 57

Liability for Breach of Contract 65

Liability for Breach of Warranty 66

Intentional Torts 67

Assault and Battery 68

The Court Decides 75

Stowers v. Wolodzko 75

Chapter 4 Negligence 81

Duty 81

Breach of Duty 88

Injury and Causation 96

Defenses 98

Liability for Acts of Others: Vicarious Liability 102

Countersuits by Physicians 104

Reforming the Tort System 105

The Court Decides 108

Helling v. Carey 108

Perin v. Hayne 109

Chapter 5 The Organization and Management of a Corporate Healthcare Institution 119

Formation and Nature of a Corporation 120

Responsibilities of the Governing Board 126

Responsibilities of Management 131

Management's Role in Employment Law Issues 132

Piercing the Corporate Veil 133

Multi-Institutional Systems and Corporate Reorganization 135

Alternative Corporate Strategies 138

Collaborative Strategies with Physicians 139

What Lies Ahead 144

The Court Decides 146

Charlotte Hungerford Hospital v. Mulvey 146

Stern v. Lucy Webb Hayes National Training School for Deaconesses and Missionaries 147

Woodyard, Insurance Commissioner v. Arkansas Diversified Insurance Co. 150

Chapter 6 Liability of the Healthcare Institution 157

Respondeat Superior Versus Independent Contractor Status 158

Erosion of Physicians' Independent Contractor Status 160

Apparent Agency 162

Erosion of Captain-of-the-Ship and Borrowed-Servant Doctrines 164

Doctrine of Corporate Liability 165

The Court Decides 178

Norton v. Argonaut Insurance Co 178

Johnson v. Misericordia Community Hospital 182

Chapter 7 Health Reform, Access to Care, and Admission and Discharge 191

Introduction: The "Bight" to Healthcare 191

The Health Reform Laws of 2010 192

Pre-Reform Principles: Admission and Discharge 201

Admission and Treatment of Mentally 111 Patients 207

Discharge from the Hospital 212

Utilization Review: Controls on Admission and Discharge 216

The Court Decides 221

Hill v. Ohio County 221

Appendix 7.1: The "Individual Mandate": Courts' Differing Viewpoints 228

Chapter 8 Medical Staff Privileges and Peer Review 233

The Medical Staff Organization 233

Appointment of Medical Staff 235

Due Process and Equal Protection Requirements 236

Standards for Medical Staff Appointments 237

Peer Review, Discipline, and the Health Care Quality Improvement Act 241

Other Medical Staff Issues 253

The Court Decides 261

Kadlec Medical Center v. Lakeview Anesthesia Associates 261

Appendix 8.1: Healthcare Quality Improvement Act of 1986, as Amended 272

Chapter 9 Emergency Care 279

The Need for Emergency Care Facilities 280

Duty to Treat and Aid 281

Duty to Exercise Reasonable Care 293

Good Samaritan Statutes 297

Chapter 10 Consent for Treatment and Withholding Consent 305

Types of Consent and Recommended Procedures 306

The Healthcare Institution's Role in Consent Cases 310

How "Informed" Must Informed Consent Be? 311

Consent of a Spouse or Relative 316

Life-or-Death Decisions 317

Consent Issues for Incompetent Adults 320

Consent Issues for Minors 325

Legislation and Protocols on End-of-Life Issues 333

The Court Decides 337

Cobbs v. Grant 337

Bush v. Schiavo 342

Appendix 10.1: Georgia Advance Directive 351

Appendix 10.2: Physician Orders for Life-Sustaining Treatment (POLST) 358

Chapter 11 Taxation of Healthcare Institutions 361

Nature of a Charitable Corporation 361

Federal Tax Issues 365

State and Local Property Taxes 369

Coming Full Circle 375

The Court Decides 377

Greater Anchorage Area Borough v. Sisters of Charity 377

Barnes Hospital v. Collector of Revenue 378

Provena Covenant Medical Center v. Department of Revenue 380

Chapter 12 Competition and Antitrust Law 389

The Sherman Act 391

The Clayton Act 392

The Federal Trade Commission Act 396

Jurisdiction, Exemptions, and Immunity 396

Sanctions and Enforcement of Antitrust Statutes 403

Rule-of-Reason Analysis and Per Se Violations 404

The Court Decides 421

In the Matter of Evanston Northwestern Healthcare Corporation . 421

Chapter 13 Fraud Laws and Corporate Compliance 431

The Enforcement Climate 431

False Claims Act 437

Anti-Kickback Statute 442

Stark Self-Referral Law 447

Corporate Compliance Programs 451

The Court Decides 455

United States v. Greber 455

United States v. McClatchey 458

Chapter 14 Issues of Reproduction and Birth 463

Sterilization 463

Wrongful Birth and Wrongful Life 467

Other Reproduction Issues 475

Abortion 479

Hospitals' Role in Reproduction Issues 489

The Court Decides 492

Skinner v. Oklahoma ex rel. Attorney General 492

Chapter 15 Health Information Management 503

Covered Entity, Protected Health Information, and De-identification 504

Form and Content of Records 505

Access to Health Information 511

Use of Health Records in Legal Proceedings 527

State Open-Meeting and Public-Records Laws 531

The Court Decides 534

Tarasoff v. Regents of the University of California 534

Glossary 547

Case Index 553

Index 567

About the Author 599

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