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

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

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West Academic


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

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

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
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
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
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
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
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

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