SOUTHWESTERN MICHIGAN COLLEGE
DIVISION OF ACADEMIC STUDIES
Dowagiac, Michigan
COURSE SYLLABUS
Winter Semester, 2012
COURSE TITLE: Health Care Law COURSE NO.: HIMS 180
CREDITS/CONTACTS: Credit Hours: 3
Lecture hours/week: 3
Laboratory hours/week: 0
Weekly Contact Hours: 3
FINAL EXAM INFORMATION: See Course Assignments
INSTRUCTOR: Kathleen Haight, RN, RD, MS
Phone: (269) 683-3666
E-mail:
PREREQUISITE: None.
COURSE DESCRIPTION:
This course will study legalities as they affect the health care system. Particular attention will be paid to laws governing the release of health information, including specific hospital policies on this topic. Particular attention will be paid to the HIPAA policy. Risk management as it pertains to health care policies will be reviewed.
ACCEPTABLE USE OF PERSONAL COMMUNICATION TECHNOLOGY:
All phones, iPods, Black Berries, palm pilots, pagers, laptops, and other technological devices including devices capable of taking photographs must be turned off or placed on vibrate mode and may not be brought out during class. If you are expecting or receiving an urgent call, you are required to leave the classroom before answering. Violations of this policy will result in your removal from the classroom for the class period. Multiple violations of this policy will be referred to the appropriate dean for disciplinary action.
NOTICE:
Information in this syllabus was, to the best knowledge of the instructor, considered correct and complete when distributed for use at the beginning of the semester. The instructor, however, reserves the right, acting within the policies and procedures of Southwestern Michigan College, to make changes in course content or instructional techniques
HONESTY POLICY:
Cheating or plagiarizing will absolutely not be tolerated at Southwestern Michigan College. Any student found cheating or plagiarizing material in any manner may be assigned a failing semester/session grade in this course. A second such incident while at SMC could result in
suspension or expulsion from the institution. A student found in violation of this section of the syllabus will not be allowed to drop this course. For more detailed information, consult the SMC Student Code of Conduct.
CIVILITY STATEMENT:
Students are expected to assist in maintaining a classroom environment that is conducive to learning. In order to assure that all students have the opportunity to gain from time spent in class, students are prohibited in engaging in any form of distraction. Inappropriate behavior in the classroom shall result, minimally, in a request to leave class.
TEXTBOOKS (REQUIRED):
Pozgar, George D. (2012) Legal Aspects of Health Care Administration, Eleventh Edition, Jones and Bartlett Learning
METHOD OF INSTRUCTION:
This course will use lecture, discussion, case studies, and other selected materials.
EVALUATION METHOD:
Tests (3) 60 %
Comprehensive Final 25 %
Presentation 15 %
Total 100 %
GRADING SCALE:
The following grading scale will be in effect for this course:
93-100 % = A
90-92 % = A-
87-89 % = B+
83-86 % = B
80-82 % = B-
77-79 % = C+
73-76 % = C
70-72 % = C-
67-69 % = D+
63-66 % = D
60-62 % = D-
1-59 % = F
ATTENDANCE POLICY:
Attendance is mandatory.
TESTING POLICY:
Students are expected to take all examinations on the days they are scheduled. It is mandatory that you contact the instructor the day of a missed exam in order to make arrangements to take the test.
NOTICE: Representative student work will be used as a part of SMC’s on-going curriculum assessment program.
OTHER COURSE EXPECTATIONS:
The student is expected to have read the material to be covered PRIOR to class. Examinations will cover material from lecture, discussion, case studies and reading assignments. Therefore, the student is expected to study these sources of material thoroughly.
COURSE OUTCOMES:
Upon successful completion of this course, the learner will be able to:
1. Describe the evolution of hospitals through the centuries to the present.
2. Describe the development of American law, the functioning of our legal system, and the roles of the different branches of government in creating, administering, and enforcing the law.
3. Name the basic categories of tort law, including elements that must be present in order for a plaintiff to recover damages caused by negligence.
4. State the procedural aspects of criminal law and criminal acts that have occurred in health care facilities.
5. Describe the types, elements, and importance of contracts as they pertain to health care organizations and professionals.
6. Discuss the application of law in the courtroom before, during, and after trial and how the courts have ruled in current health care related cases.
7. State the responsibilities,as well as legal risks, of health care organizations and their governing bodies.
8. Describe the medical staff organization and the credentialing and legal risks of physicians.
9. Describe the scope of practice, credentialing, and legal risks of nurses.
10. Discuss legal issues that affect departments and other health professions (EMTALA emphasized).
11. Describe how information and health care records are managed, maintained, and released in health care settings (HIPAA emphasized).
12. State what informed consent consists of, types of consent, and who may consent/refuse
treatment.
13. List reporting requirements mandated by both federal and state regulatory agencies.
14. State the rights and responsibilities of patients as it pertains to their care.
15. Describe how the AIDS epidemic has impacted health care administration, laws, and court rulings.
16. Discuss current health care ethics issues and how the courts have ruled.
17. State the basic concepts and problems related to malpractice insurance.
18. Discuss the basic concepts and types of managed care as well as its advantages and disadvantages.
19. Describe schemes for tort reform and programs for coping with the malpractice crisis (Risk Management emphasized).
20. Name procedures that would improve patient safety and promote “zero tolerance.”
21. Describe how to conduct a “worldwide search” of health and law-related topics through the
effective use of the Internet.
22. Discuss ideas for creating excellence in health care.
COURSE OUTLINE:
This course covers the following topics:
1. Structure of the U.S. Legal System and Court Proceedings Before, During, and After Trial
A. Historical Perspectives
B. Introduction to Law
C. Tort Law
D. Criminal Aspects of Health Care
E. Contracts and Antitrust
F. Civil Procedure and Trial
2. Liability of Organizations, Departments, and Professionals
A. Corporate Liability
B. Medical Staff and the Law
C. Nursing and the Law
D. Liability of Departments and Other Health Care Professionals (EMTALA emphasized)
3. The Management and Release of Medical Information
A. Information Management and Health Care Records (HIPAA emphasized)
B. Legal Reporting Requirements
4. Patient Rights and Ethics
A. Patient Rights (including Patient Consent) and Responsibilities
B. AIDS and Health Care Law
C. Health Care Ethics
5. Health Care Crisis: Problems and Solutions
A. Malpractice Insurance
B. Managed Care and Organizational Restructuring
C. Tort Reform and Reducing the Risk of Malpractice (Risk Management emphasized)
D. Patient Safety and “Zero Tolerance”
6. Using the Internet as a Search Tool
7. Brainstorming to Improve the U.S. Healthcare System
PRESENTATION:
The presentation is worth 15 % of the grade and is to be researched and presented by groups of 2- 3 students. The topic must be pre-approved by the instructor and focus on a health care problem or issue with legal ramifications.
Ideas for topics: consult/interview Medical Directors, Nursing Directors, Medical Record Directors, Health Information Network Directors, HIPAA Officers, Risk Management Directors, Quality Assurance Directors, Patient Advocates, Infection Control Nurses, Hospital Lawyers, Malpractice Lawyers, Law School Faculty, Medical School Faculty, Insurance Agents, and Legislators; also Legal Aspects of Health Care Administration (especially Chapter 24) can be helpful.
Presentations must be approximately 10-15 minutes in length. The following criteria will be used for grading:
Written Portion (typed or neatly printed, listing each member’s contributions):
Outline of topic: 10 points
References-at least 3 (APA format): 10 points
Presentation:
Adherence to outline: 10 points
Originality: 10 points
Creativity (posters/handouts/AVs): 20 points
Thoroughness of information covered: 20 points
Relationship to health care law: 20 points
COURSE ASSIGNMENTS:
Week Textbook
1 Preface, Chapters 1, 2
2 Chapters 3, 4
3 Chapters 4 (cont.), 5, 6
4 Chapters 6 (cont.), 7
Review for 1st Exam
5 1st Exam (Chapters 1-6)
Work on Presentations
6 Chapter 8
7 Chapter 9
8 Chapter 10
9 Chapter 11
Review for 2nd Exam
10 2nd Exam (Chapters 7-11)
Chapter 12
11 Chapters 13-16
12 Chapters 18, 19, and 23
13 Chapters 24-27
Review for 3rd Exam
14 3rd Exam (Chapters 12-16, 18, 19, 23-27)
Presentations
Review for Final Exam
15 Final Exam