The Law of Healthcare Administration

by Showalter, J. Stuart

• ISBN13: 9781567934212
• ISBN10: 1567934218
• Edition: 6th
• Format: Hardcover
• Copyright: 2011-10-01
• Publisher: FOUNDATION OF AM COLLEGE OF

Summary

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. Extensive coverage: of the 2010 Affordable Care Act considers 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.

Author Biography

J. Stuart Showalter, JD, MFS, has spent most of his career dealing with health law issues. From 1972 through 1980, he served in the US Navy in various positions, including in-house counsel, malpractice claims defense attorney, and counsel to the US Navy Surgeon General. From 1980 to 1996, Mr. Showalter was vice president and in-house counsel to the Catholic Health Association of the United States. In addition, he has been director of compliance for two multi-institutional healthcare systems and has taught health law at three universities. He currently serves as coordinator of the Legal and Regulatory Forum of the Healthcare Financial Management Association's website.

Table of Contents

Preface to the Sixth Edition	p. xiii
Acknowledgments	p. xv
The Anglo-American Legal System	p. 1
Some History	p. 1
Anglo-American Law	p. 2
The Definition of Law	p. 3
Types and Sources of Law	p. 4
The Court System	p. 9
Alternative Dispute Resolution	p. 14
Legal Procedure	p. 15
The Court Decides	p. 21
Simkins v. Moses H. Cone Mem. Hosp	p. 21
Planned Parenthood of S.E. Pennsylvania v. Casey	p. 24
A Brief History of Medicine	p. 27
Introduction	p. 27
The Long View: A Summary	p. 28
Early History	p. 28
Health Reform Arrives at Last (Apparently)	p. 46
Conclusion	p. 47
Appendix 2.1: A Select Timeline of the History of Medicine	p. 51
Contracts and Intentional Torts	p. 55
Think Like a Lawyer	p. 55
Elements of a Contract	p. 56
The Physician-Patient Relationship	p. 57
Liability for Breach of Contract	p. 65
Liability for Breach of Warranty	p. 66
Intentional Torts	p. 67
Assault and Battery	p. 68
The Court Decides	p. 75
Stowers v. Wolodzko	p. 75
Negligence	p. 81
Duty	p. 81
Breach of Duty	p. 88
Injury and Causation	p. 96
Defenses	p. 98
Liability for Acts of Others: Vicarious Liability	p. 102
Countersuits by Physicians	p. 104
Reforming the Tort System	p. 105
The Court Decides	p. 108
Helling v. Carey	p. 108
Perin v. Hayne	p. 109
The Organization and Management of a Corporate Healthcare Institution	p. 119
Formation and Nature of a Corporation	p. 120
Responsibilities of the Governing Board	p. 126
Responsibilities of Management	p. 131
Management's Role in Employment Law Issues	p. 132
Piercing the Corporate Veil	p. 133
Multi-Institutional Systems and Corporate Reorganization	p. 135
Alternative Corporate Strategies	p. 138
Collaborative Strategies with Physicians	p. 139
What Lies Ahead	p. 144
The Court Decides	p. 146
Charlotte Hungerford Hospital v. Mulvey	p. 146
Stern v. Lucy Webb Hayes National Training School for Deaconesses and Missionaries	p. 147
Woodyard, Insurance Commissioner v. Arkansas Diversified Insurance Co.	p. 150
Liability of the Healthcare Institution	p. 157
Respondeat Superior Versus Independent Contractor Status	p. 158
Erosion of Physicians' Independent Contractor Status	p. 160
Apparent Agency	p. 162
Erosion of Captain-of-the-Ship and Borrowed-Servant Doctrines	p. 164
Doctrine of Corporate Liability	p. 165
The Court Decides	p. 178
Norton v. Argonaut Insurance Co	p. 178
Johnson v. Misericordia Community Hospital	p. 182
Health Reform, Access to Care, and Admission and Discharge	p. 191
Introduction: The "Bight" to Healthcare	p. 191
The Health Reform Laws of 2010	p. 192
Pre-Reform Principles: Admission and Discharge	p. 201
Admission and Treatment of Mentally 111 Patients	p. 207
Discharge from the Hospital	p. 212
Utilization Review: Controls on Admission and Discharge	p. 216
The Court Decides	p. 221
Hill v. Ohio County	p. 221
Appendix 7.1: The "Individual Mandate": Courts' Differing Viewpoints	p. 228
Medical Staff Privileges and Peer Review	p. 233
The Medical Staff Organization	p. 233
Appointment of Medical Staff	p. 235
Due Process and Equal Protection Requirements	p. 236
Standards for Medical Staff Appointments	p. 237
Peer Review, Discipline, and the Health Care Quality Improvement Act	p. 241
Other Medical Staff Issues	p. 253
The Court Decides	p. 261
Kadlec Medical Center v. Lakeview Anesthesia Associates	p. 261
Appendix 8.1: Healthcare Quality Improvement Act of 1986, as Amended	p. 272
Emergency Care	p. 279
The Need for Emergency Care Facilities	p. 280
Duty to Treat and Aid	p. 281
Duty to Exercise Reasonable Care	p. 293
Good Samaritan Statutes	p. 297
Consent for Treatment and Withholding Consent	p. 305
Types of Consent and Recommended Procedures	p. 306
The Healthcare Institution's Role in Consent Cases	p. 310
How "Informed" Must Informed Consent Be?	p. 311
Consent of a Spouse or Relative	p. 316
Life-or-Death Decisions	p. 317
Consent Issues for Incompetent Adults	p. 320
Consent Issues for Minors	p. 325
Legislation and Protocols on End-of-Life Issues	p. 333
The Court Decides	p. 337
Cobbs v. Grant	p. 337
Bush v. Schiavo	p. 342
Appendix 10.1: Georgia Advance Directive	p. 351
Appendix 10.2: Physician Orders for Life-Sustaining Treatment (POLST)	p. 358
Taxation of Healthcare Institutions	p. 361
Nature of a Charitable Corporation	p. 361
Federal Tax Issues	p. 365
State and Local Property Taxes	p. 369
Coming Full Circle	p. 375
The Court Decides	p. 377
Greater Anchorage Area Borough v. Sisters of Charity	p. 377
Barnes Hospital v. Collector of Revenue	p. 378
Provena Covenant Medical Center v. Department of Revenue	p. 380
Competition and Antitrust Law	p. 389
The Sherman Act	p. 391
The Clayton Act	p. 392
The Federal Trade Commission Act	p. 396
Jurisdiction, Exemptions, and Immunity	p. 396
Sanctions and Enforcement of Antitrust Statutes	p. 403
Rule-of-Reason Analysis and Per Se Violations	p. 404
The Court Decides	p. 421
In the Matter of Evanston Northwestern Healthcare Corporation	p. . 421
Fraud Laws and Corporate Compliance	p. 431
The Enforcement Climate	p. 431
False Claims Act	p. 437
Anti-Kickback Statute	p. 442
Stark Self-Referral Law	p. 447
Corporate Compliance Programs	p. 451
The Court Decides	p. 455
United States v. Greber	p. 455
United States v. McClatchey	p. 458
Issues of Reproduction and Birth	p. 463
Sterilization	p. 463
Wrongful Birth and Wrongful Life	p. 467
Other Reproduction Issues	p. 475
Abortion	p. 479
Hospitals' Role in Reproduction Issues	p. 489
The Court Decides	p. 492
Skinner v. Oklahoma ex rel. Attorney General	p. 492
Health Information Management	p. 503
Covered Entity, Protected Health Information, and De-identification	p. 504
Form and Content of Records	p. 505
Access to Health Information	p. 511
Use of Health Records in Legal Proceedings	p. 527
State Open-Meeting and Public-Records Laws	p. 531
The Court Decides	p. 534
Tarasoff v. Regents of the University of California	p. 534
Glossary	p. 547
Case Index	p. 553
Index	p. 567
About the Author	p. 599
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