Health Law Syllabus Winter 2023

ELR/HSAD 616 Health Law 3c-0l-3sh Winter 2023 Section 801 I. Course Description Prerequisites: None This course focuses on legal language, tort law, legal issues and legal sanctions of state and national health care laws as applied to individuals and organizations. Through lectures, discussions, readings, and presentations students will learn to solve problems of health care administration within the current health care legal system and develop an understanding of the legal issues present within the current health field. II. Course Objectives Students completing this course will be able to: 1. Interpret the legal terms associated with health care law. 2. Summarize the impact that government and the legal system has on the structure of the health care system in the United States. 3. Examine the concept of tort law as it relates to a health care administrator’s duty and responsibilities to clients and staff. 4. Appraise the major legal issues facing health care administrators in terms of the legal effects on the delivery of health care. 5. Assess complex legal health care issues.  III. Required Books and Readings Furrow, B. R., Greaney, T. L., Johnson, S. H., Jost, T. S., & Schwartz, R. L., Clark, B. R., Brown, E. C., Gatter, R., King, J. S., Pendo, E. (2018). Health law, cases, materials and problems (Abridged 8th ed.). St. Paul, MN: West Academic Publishing. IV. Evaluation Methods Evaluation will be defined as follows: 5% Discussion Posts 20% Research Paper 25% First Assessment 25% Second Assessment 25% Third Assessment Grading will be by percentiles (A=90-100%, B=80-89%, etc…)

The deadline for submitting course requirements is the due date and time specified on the syllabus unless modified by the instructor. Assignments will be uploaded electronically into the Assignment folder in D2L for submission. Assignments submitted after the deadline will be accepted but will be penalized one letter grade (10%) except in cases of serious personal illness or injury or other unusual circumstances discussed with the instructor in advance. Except for bona fide emergencies or unusual circumstances requiring arrangements mutually agreed upon between the student and instructor in advance of the due date, no assignment will be accepted for evaluation once graded assignments have been returned to the class. The content of these assignments must be the student's own work. Collaboration on these writing assignments will not be tolerated and plagiarism will be dealt with harshly and in accordance with the University’s policy on Academic Integrity.  The three assessments will be based on the materials covered in the week preceding the due date. In other words, the first assessment covers week one materials, the second assessment covers week two materials, and the week three assessment covers week three’s materials. All assignments are designed for the purpose of assessing the student’s understanding of assigned readings and cases from the course. While students may, of course, read materials other than those assigned in the course, outside materials (unless assigned by the instructor) may not be used to support responses to scenarios and questions posed as any part of a course assignment, including the final exam, even if properly cited. An Internet search using key words will yield cases or materials that may or may not be relevant, and in many cases will yield an old case that has been overturned or is no longer relevant for some other reason. Because of that concern, and because there isn’t time for the instructor to assess the status of cases or materials not covered in the course during the grading process, no credit will be given for the portions of any student submissions based on such outside materials. Also, as with any good academic writing, it is expected that even any course materials used will be summarized in the student’s own words except where the precise phrase or wording used by a court/author is essential. Put another way, it is improper and unacceptable to copy and paste substantial portions of the book or of a covered case (that one has located in an electronic source) as all or part of a response to a graded assignment for this course, even if properly cited. While academic integrity may be debated with regard to the wholesale importation of properly cited materials written by third parties, an essential part of the learning process in this course is the reading and synthesizing of what is stated in the book, and then summarizing it in the student’s own words in response to questions and issues presented for graded analysis. One discussion question will be posted for student comment each week. Each student is required to post one substantive response, whether as a response to another student post or as a unique response. The key is that it needs to be something more than “I agree with this.” The other element of the final grade will be a 6-page research paper based on a topic found at kff.org. That assignment will be issued in more detail in a separate document.

(read only pages 741-787) Research Paper Due in D2L Assignments January 12 at 11:30 PM. Third Discussion Post due by January 12 at the latest. Third Assessment Due in D2L Assignments January 14 at 11:30 PM. VII. Special Resource Requirement - None VIII. Other Scott E. Decker, JD Office location: 432 Davis Hall email: sdecker@iup.edu Office hours: Zoom by appointment Office phone: (724) 357-4423 Office fax: (724) 357-1292 IX. Title IX and Related Information Indiana University of Pennsylvania and its faculty are committed to assuring a safe and productive educational environment for all students. In order to comply with the requirements of Title IX of the Education Amendments of 1972 and the University’s commitment to offering supportive measures in accordance with the new regulations issued under Title IX, the University requires faculty members to report incidents of sexual violence shared by students to the University's Title IX Coordinator. The only exceptions to the faculty member's reporting obligation are when incidents of sexual violence are communicated by a student during a classroom discussion, in a writing assignment for a class, or as part of a University-approved research project. Faculty members are obligated to report sexual violence or any other abuse of a student who was, or is, a child (a person under 18 years of age) when the abuse allegedly occurred to the person designated in the University Protection of Minors Policy. Information regarding the reporting of sexual violence and the resources that are available to victims of sexual violence is set forth at: www.iup.edu/socialequity/policies/sexual-discrimination-and- sexual-misconduct-resources/ X. Accommodations Indiana University of Pennsylvania provides reasonable accommodations to students with disabilities who have self-identified and been approved by the Department for Disability Access and Advising (D2A2). If you have any kind of disability, whether apparent or non-apparent, learning, emotional, physical, or cognitive, chronic or short-term, please make an appointment to meet with me as soon as possible in order to discuss your accommodations and your access needs. All discussions will remain confidential. You must be registered with the Department for Disability Access and Advising (D2A2) and have requested them to provide your accommodation letter to me, before I can accommodate you. If you have not yet contacted D2A2, and would like to request accommodations or have questions, you can make an appointment by emailing

(preferred) D2A2 at disability-access@iup.edu or by calling 724-357-4067. The office is located in Pratt Hall, Room 216, 201 Pratt Drive. All services are confidential. X. References Anderson, G.F. (1992). The courts and health policy: Strengths and limitations. Health Affairs, 11 , 95-110. (Classic) Blatt, D.L. (2002). High court case summaries, health law (4th ed.). St. Paul, MN: Thomson/West. Furrow, B. R., Greaney, T. L., Johnson, S. H., Jost, T. S., & Schwartz, R. L. (2004). Health law, cases, materials, and problems (5th ed.). St. Paul, MN: Thomson/West. Furrow, B. R., Greaney, T. L., Johnson, S. H., Jost, T. S., & Schwartz, R. L. (2004). The Law of health care organization and finance (5th ed.). St. Paul, MN: Thomson/West. Furrow, B. R., Greaney, T. L., Johnson, S. H., Jost, T. S., & Schwartz, R. L. (2004). Bioethics: health care law and ethics (5th ed.). St. Paul, MN: Thomson/West. Furrow, B.R. (1997). Managed care organizations and patient injury: Rethinking liability. Georgia Law Review , 31 , 443-473. (Classic) Greaney, T.L. & Schwartz, R.L. (2003) Health law, selected statutes, and regulations . MN: Thomson/West. Havighurst, Clark C., Blumstein, James F. & Brennan, Troyen A. (1998). Health care law and policy (2 nd ed.). New York, NY: Foundation Press. (Classic) Jacobson, P.D. & Pomfret, S.D. (2000). ERISA litigation and physician autonomy. Journal of the American Medical Association, 283 , 921-926.   Jacobson, P.D. & Patil, N.M. (2000). Managed care litigation: Legal doctrine at the boundary of contract and tort. Medical Care Research and Review, 57 , 440-463. Kinney E. (1997). Administrative Law Issues in Professional Regulation . In T.S. Jost (Ed.), Regulation of the healthcare professions (pp. 103-128). Chicago, IL: Health Administration press. (Classic) Murray, J.S., Rau, A.S., and Sherman, E.F. (1996). Mediation and other non-binding ADR processes . Westbury, NY: Foundation Press. (Classic) Pozgar, George D. (2004), Legal aspects of health care administration (9th ed.). Boston, MA: Jones and Bartlett Publishers. Pozgar, G.D & Pozgar, N.S. (1999). Legal aspects of health care administration (7th ed.). Gaithersburg, MD: Aspen Publishers, Inc.  (Classic) Rosenblatt, R. E., Law, Sylvia A., & Rosenbaum, Sara. (1997). Law and the American health care system . Westbury, NY: Foundation Press. (Classic)