Problems In Health Care Law / Edition 9

Problems In Health Care Law / Edition 9

by Robert D. Miller
     
 

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ISBN-10: 0763745553

ISBN-13: 9780763745554

Pub. Date: 01/26/2006

Publisher: Jones & Bartlett Learning

The Ninth Edition of Problems in Health Care Law has been extensively updated and restructured to utilize the problems approach. This classic book deliberately seeks to state expressly the general principles - both of the underlying conflicting public policies and the legal solutions to those problems.

Overview

The Ninth Edition of Problems in Health Care Law has been extensively updated and restructured to utilize the problems approach. This classic book deliberately seeks to state expressly the general principles - both of the underlying conflicting public policies and the legal solutions to those problems.

Product Details

ISBN-13:
9780763745554
Publisher:
Jones & Bartlett Learning
Publication date:
01/26/2006
Edition description:
9E
Pages:
899
Product dimensions:
6.00(w) x 9.00(h) x 1.50(d)

Table of Contents


Preface     ix
Acknowledgments     xi
Introduction to the American Legal System     1
The Nature of the Law     2
Governmental Organization and Functions     3
Sources of Law     5
Organization of the Court System     14
Contracts     22
Organization of the Health Care Delivery System     29
What Are the Key Characteristics of the Six Types of Organizations?     31
How Are Governing Bodies Selected and What Is Their Role and Responsibility?     44
How Are CEOs Selected and What Is Their Role and Responsibility?     57
What Are the Licensing and Accreditation Requirements for Health Care Organizations?     65
What Are the Issues When an Organization Is Converted from One Type into Another?     74
What Are the Issues When an Organization Is Merged, Consolidated, Sold, or Dissolved?     79
What Are the Issues When an Organization Closes or Relocates a Hospital or Other Delivery Location?     83
What Is the Impact of Bankruptcy Law?     86
Creation and Maintenance of Physical Resources     93
What Land Use, Construction, and Other Permitting Regulations Are Applicable to Health Care Facilities?     94
What Are the Licensure Requirements for Health Care Facilities?     101
What Are the Regulations Concerning the Manufacture and Use of Drugs, Medical Devices, Tissues, and Other Items Used in Health Care?     102
Individual Providers and Caregivers     121
Individual Licensing     122
Private Certification of Individuals     137
Employment Relationship     139
Independent Contractors     205
Others Who Provide Services in Health Care Organizations     207
Medical Staff     213
The Organization and Role of the Medical Staff     214
Appointment to the Medical Staff     226
Delineation of Clinical Privileges     237
Periodic Review and Reappointment     239
Modification and Termination of Privileges     243
Review Procedures for Adverse Actions     251
Potential Liability of Those Involved in the Process of Making Medical Staff Appointment and Clinical Privilege Decisions     264
Relationship with Physicians Outside the Medical Staff Relationship     270
Relationship of Patient and Provider     279
How Does a Relationship with a Physician Begin?     280
How Does a Relationship with a Hospital Begin?     283
What Are the Special Rules Concerning Emergency Cases?     287
What Are the Effects of Nondiscrimination Laws?     293
How Does a Relationship with a Physician End?     298
How Does a Relationship with a Hospital End?     301
Decision-making Concerning Individuals     315
Who Is the Appropriate Decisionmaker?     316
What Information Needs to Be Given to the Decisionmaker?     339
Who Has the Responsibility to Provide Information?     357
What Should Be Done to Prove the Decision?     359
What Constitutes Coercion That Makes Consent Involuntary and Invalid?     367
What Limits Are Placed on the Permitted Range of Decisions?     368
When Can the Law Authorize Involuntary Treatment?     389
What Are the Consequences of Stopping Treatment or Providing Unauthorized Treatment?     404
Health Care Information     427
What Are the Underlying Issues Addressed Through the Laws Concerning Health Care Information?     428
Who Owns Medical Records?     429
What Records Must Be Created, and How Must They Be Maintained?     431
What Are the Laws Concerning Privacy of Health Care Information?     439
What Are the Laws Concerning Use of Health Care Information?     452
What Are the Laws Concerning Disclosure of Health Care Information?     455
What Legal Issues Flow from the Use of Audio and Video Transmissions and Recordings?     483
What Legal Issues Flow from the Use of Computers and the Internet?     486
Paying for Health Care Resources and Services     493
What Attempts Have Been Made to Directly Address Provider Charges and Budgets?     495
How Are Medicare, Medicaid, and Other Major Government Payment Programs Structured?     499
How Are Employer-Sponsored and Other Private Payment Programs Structured?     521
What Are the Laws Governing Collection of Copayments, Deductibles, and Uninsured Amounts?     527
How Can Capital Financing Be Arranged?     539
What Are the Other Sources of Financing for Providers?     543
What Is the Impact of Tax Structure on the Health Care System?     544
Third-party Health Care Coverage     559
Who Is Covered by the Plan?     559
How Is Utilization Managed?     562
What Are the Appeal Rights from Adverse Utilization Determinations?     582
When Can Third-party Payers Be Liable for the Consequences of Their Decisions?     583
Civil Liability     587
What Must Be Proved to Establish Liability for Negligence Torts?     588
What Are Intentional Torts, and How Do They Differ from Negligent Torts?     605
What Are the Major Defenses to Liability Suits for Torts?     611
What Are the Special Strict Liability Rules for Products Liability?     622
Who Is Responsible for Paying for Liability?     625
What Types of Insurance Are Available?     633
What Are Some of the Ways That Have Been Proposed and/or Implemented to Deal with the Periodic Malpractice Crisis?     635
What Are Some Examples of the Tort Liability of Health Care Providers?     650
Criminal Law and Civil Penalties     681
Compliance Programs     682
Enforcement Agencies     682
Differences Between Criminal and Civil Penalties     686
Criminal Law     688
Suspension, Recoupment, and Exclusion from Federal Programs     702
Civil Money Penalties     703
Private Lawsuits     704
Antitrust     709
Sherman Antitrust Act     711
Clayton Act     724
Federal Trade Commission Act     730
Exemptions     731
Reproductive Issues     737
Contraception     737
Sterilization     741
Assisted Conception     746
Abortion     754
Wrongful Conception, Wrongful Birth, and Wrongful Life Suits     760
Death and Dead Bodies     765
What Is the Definition of Death, and Who May Declare Death?     766
What Are the Rules Concerning Handling Dead Bodies?     770
When May an Autopsy Be Performed, and What Limits Are There on the Scope of Autopsies?     775
What Are the Rules Concerning Donation of Bodies and Body Parts?     779
Index to Defined Acronyms     789
Introduction to Index of Cases     793
Index of Cases     795
Index of Constitutions, Statutes, Regulations, and Other Materials     841
Index     855
About the Authors     899

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