Law of Healthcare Administration

ISBN-10: 1567934218

ISBN-13: 9781567934212

Edition: 6th 2012

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Description: 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. The 2010 Affordable Care Act is given extensive coverage, focusing on the 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 A new suggested readings section

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Book details

List price: $125.00
Edition: 6th
Copyright year: 2012
Publisher: Health Administration Press
Binding: Hardcover
Size: 7.00" wide x 10.00" long x 1.50" tall
Weight: 2.640
Language: English

Preface to the Sixth Edition
Acknowledgments
The Anglo-American Legal System
Some History
Anglo-American Law
The Definition of Law
Types and Sources of Law
The Court System
Alternative Dispute Resolution
Legal Procedure
The Court Decides
Simkins v. Moses H. Cone Mem. Hosp
Planned Parenthood of S.E. Pennsylvania v. Casey
A Brief History of Medicine
Introduction
The Long View: A Summary
Early History
Health Reform Arrives at Last (Apparently)
Conclusion
Appendix 2.1: A Select Timeline of the History of Medicine
Contracts and Intentional Torts
Think Like a Lawyer
Elements of a Contract
The Physician-Patient Relationship
Liability for Breach of Contract
Liability for Breach of Warranty
Intentional Torts
Assault and Battery
The Court Decides
Stowers v. Wolodzko
Negligence
Duty
Breach of Duty
Injury and Causation
Defenses
Liability for Acts of Others: Vicarious Liability
Countersuits by Physicians
Reforming the Tort System
The Court Decides
Helling v. Carey
Perin v. Hayne
The Organization and Management of a Corporate Healthcare Institution
Formation and Nature of a Corporation
Responsibilities of the Governing Board
Responsibilities of Management
Management's Role in Employment Law Issues
Piercing the Corporate Veil
Multi-Institutional Systems and Corporate Reorganization
Alternative Corporate Strategies
Collaborative Strategies with Physicians
What Lies Ahead
The Court Decides
Charlotte Hungerford Hospital v. Mulvey
Stern v. Lucy Webb Hayes National Training School for Deaconesses and Missionaries
Woodyard, Insurance Commissioner v. Arkansas Diversified Insurance Co.
Liability of the Healthcare Institution
Respondeat Superior Versus Independent Contractor Status
Erosion of Physicians' Independent Contractor Status
Apparent Agency
Erosion of Captain-of-the-Ship and Borrowed-Servant Doctrines
Doctrine of Corporate Liability
The Court Decides
Norton v. Argonaut Insurance Co
Johnson v. Misericordia Community Hospital
Health Reform, Access to Care, and Admission and Discharge
Introduction: The "Bight" to Healthcare
The Health Reform Laws of 2010
Pre-Reform Principles: Admission and Discharge
Admission and Treatment of Mentally 111 Patients
Discharge from the Hospital
Utilization Review: Controls on Admission and Discharge
The Court Decides
Hill v. Ohio County
Appendix 7.1: The "Individual Mandate": Courts' Differing Viewpoints
Medical Staff Privileges and Peer Review
The Medical Staff Organization
Appointment of Medical Staff
Due Process and Equal Protection Requirements
Standards for Medical Staff Appointments
Peer Review, Discipline, and the Health Care Quality Improvement Act
Other Medical Staff Issues
The Court Decides
Kadlec Medical Center v. Lakeview Anesthesia Associates
Appendix 8.1: Healthcare Quality Improvement Act of 1986, as Amended
Emergency Care
The Need for Emergency Care Facilities
Duty to Treat and Aid
Duty to Exercise Reasonable Care
Good Samaritan Statutes
Consent for Treatment and Withholding Consent
Types of Consent and Recommended Procedures
The Healthcare Institution's Role in Consent Cases
How "Informed" Must Informed Consent Be?
Consent of a Spouse or Relative
Life-or-Death Decisions
Consent Issues for Incompetent Adults
Consent Issues for Minors
Legislation and Protocols on End-of-Life Issues
The Court Decides
Cobbs v. Grant
Bush v. Schiavo
Appendix 10.1: Georgia Advance Directive
Appendix 10.2: Physician Orders for Life-Sustaining Treatment (POLST)
Taxation of Healthcare Institutions
Nature of a Charitable Corporation
Federal Tax Issues
State and Local Property Taxes
Coming Full Circle
The Court Decides
Greater Anchorage Area Borough v. Sisters of Charity
Barnes Hospital v. Collector of Revenue
Provena Covenant Medical Center v. Department of Revenue
Competition and Antitrust Law
The Sherman Act
The Clayton Act
The Federal Trade Commission Act
Jurisdiction, Exemptions, and Immunity
Sanctions and Enforcement of Antitrust Statutes
Rule-of-Reason Analysis and Per Se Violations
The Court Decides
In the Matter of Evanston Northwestern Healthcare Corporation
Fraud Laws and Corporate Compliance
The Enforcement Climate
False Claims Act
Anti-Kickback Statute
Stark Self-Referral Law
Corporate Compliance Programs
The Court Decides
United States v. Greber
United States v. McClatchey
Issues of Reproduction and Birth
Sterilization
Wrongful Birth and Wrongful Life
Other Reproduction Issues
Abortion
Hospitals' Role in Reproduction Issues
The Court Decides
Skinner v. Oklahoma ex rel. Attorney General
Health Information Management
Covered Entity, Protected Health Information, and De-identification
Form and Content of Records
Access to Health Information
Use of Health Records in Legal Proceedings
State Open-Meeting and Public-Records Laws
The Court Decides
Tarasoff v. Regents of the University of California
Glossary
Case Index
Index
About the Author
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