Law of Healthcare Administration/J. Stuart Showalter

by Showalter, J. Stuart

• ISBN13: 9781567932126
• ISBN10: 1567932126
• Edition: 4th
• Format: Hardcover
• Copyright: 2003-09-01
• Publisher: HEALTH ADMINISTRATION PRESS

Summary

This newest edition of the late Arthur Southwick's bestselling health law book captures the scope and intricacies of health law from the perspective of management. This focus is crucial, considering the range of complex legal issues healthcare managers face on any given day. The Law of Healthcare Administration, Fourth Edition covers the basic structure of the court system and legal procedure, but also delves into specific healthcare law issues, including the organization and management, liability, and taxation of healthcare institutions. This new edition includes an expanded chapter on healthcare fraud and abuse that covers false claim acts, the anti-kickback statute, the Stark self-referral laws, and corporate compliance programs. The majority of the accompanying cases are now included in the book's appendix, eliminating the need for a supplemental casebook. New case references are used to help clarify recent developments on important issues. Book jacket.

Author Biography

J. Stuart Showalter, JD, MFS, has more than 30 years' experience working in health law. He is currently teaching health law at the University of Central Florida in the College of Health and Public Affairs and is director of compliance and corporate ethics at Orlando Regional Healthcare System, Orlando, Florida

Table of Contents

Preface	ix
Introduction to the Anglo-American Legal System	1	(16)
Sources of Law	2	(5)
The Court System	7	(4)
Legal Procedure	11	(6)
Professional Liability	17	(22)
Elements of a Contract	17	(1)
The Physician-Patient Relationship	18	(7)
Liability for Breach of Contract	25	(1)
Breach of Warranty	26	(1)
Liability for Intentional Tort	27	(12)
Negligence	39	(40)
The Standard of Care	39	(5)
Proving the Standard of Care and Breach of the Standard	44	(9)
Defenses to Negligence and Other Malpractice Actions	53	(4)
Liability for Acts of Others: Vicarious Liability	57	(1)
Distinctions Among Causes of Action	58	(3)
Countersuits by Physicians	61	(2)
Reforming the Tort System	63	(2)
Alternatives to the Tort System	65	(14)
The Organization and Management of a Corporate Healthcare Institution	79	(42)
The Formation and Nature of a Corporation	80	(7)
The Governing Board of a Healthcare Institution	87	(10)
The Independent Hospital and Reasons for Change	97	(2)
Multi-Hospital Systems and Corporate Reorganization	99	(6)
Piercing the Corporate Veil	105	(3)
Alternative Strategies: Sale, Consolidation, and Merger	108	(1)
Joint Ventures with Physicians	109	(12)
Liability of the Healthcare Institution	121	(30)
Liability Based on Respondeat Superior	122	(2)
The Decline of Independent Contractor Status: Payment of Salary	124	(5)
The Doctrine of Corporate Liability	129	(10)
Two Theories Have Become One	139	(2)
Liability of Managed Care Organizations	141	(10)
Taxation of Healthcare Institutions	151	(30)
The Nature of a Charitable Corporation	151	(3)
Federal Taxation of Income	154	(10)
State Taxation of Real Estate and Personal Property	164	(17)
Antitrust Law	181	(46)
The Sherman Act	181	(2)
The Clayton Act	183	(3)
The Federal Trade Commission Act	186	(1)
Interstate Commerce	186	(1)
Applicability to the Professions	187	(1)
Exemptions from Antitrust Legislation	187	(8)
Sanctions and Enforcement of Antitrust Statutes	195	(2)
Rule of Reason Analysis and Per Se Violations	197	(1)
Applications to Healthcare	198	(29)
Corporate Compliance Programs in Healthcare	227	(24)
The Enforcement Climate	231	(2)
False Claims Acts	233	(5)
The Anti-Kickback Statute	238	(4)
The ``Stark'' Self-Referral Laws	242	(9)
Admission and Discharge	251	(34)
Access to Healthcare and Formal Voluntary Admission	251	(9)
Legislation Guaranteeing Equal Protection	260	(4)
Admission and Treatment of Mentally Ill Patients	264	(4)
Discharge from Hospital	268	(4)
Utilization Review, PROs, and Managed Care	272	(13)
Emergency Care	285	(24)
Necessity for Emergency Care Facilities	285	(1)
Duty to Treat and Aid	286	(9)
Beginning of Aid: Duty to Exercise Reasonable Care	295	(3)
Staffing the Emergency Department	298	(2)
The Good Samaritan Statutes	300	(9)
Consent for Treatment and the Withholding of Consent	309	(44)
Types of Consent and Recommended Procedure	310	(4)
The Healthcare Institution's Role in Consent Cases	314	(1)
The Doctrine of Informed Consent	315	(6)
Consent of Spouse or Other Relative	321	(1)
Refusal of Patient to Consent	322	(3)
Consent for Treatment of Incompetent Adults	325	(1)
Decision to Forgo Treatment for Incompetent Adults	326	(7)
Consent for Treatment of Minors	333	(20)
Family Planning	353	(38)
Abortion	353	(10)
Sterilization	363	(6)
The Hospital's Role in Providing Services	369	(4)
Liability for Wrongful Birth and Wrongful Life	373	(18)
Medical Records	391	(48)
Legal Requirements	391	(6)
Access to Medical Record Information	397	(19)
Medical Records in Legal Proceedings	416	(23)
Medical Staff Appointments and Privileges	439	(46)
The Hospital's Duty to Use Reasonable Care in Appointment of Staff	439	(3)
Public Hospitals: Due Process and Equal Protection Requirements	442	(6)
Appointments in Private Hospitals	448	(37)
Appendix: Companion Cases	485	(152)
List of Cases	637	(20)
Index	657	(18)
About the Author	675