The Law of Healthcare Administration

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  • Edition: 6th
  • Format: Hardcover
  • Copyright: 2011-10-01

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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 Editionp. xiii
Acknowledgmentsp. xv
The Anglo-American Legal Systemp. 1
Some Historyp. 1
Anglo-American Lawp. 2
The Definition of Lawp. 3
Types and Sources of Lawp. 4
The Court Systemp. 9
Alternative Dispute Resolutionp. 14
Legal Procedurep. 15
The Court Decidesp. 21
Simkins v. Moses H. Cone Mem. Hospp. 21
Planned Parenthood of S.E. Pennsylvania v. Caseyp. 24
A Brief History of Medicinep. 27
Introductionp. 27
The Long View: A Summaryp. 28
Early Historyp. 28
Health Reform Arrives at Last (Apparently)p. 46
Conclusionp. 47
Appendix 2.1: A Select Timeline of the History of Medicinep. 51
Contracts and Intentional Tortsp. 55
Think Like a Lawyerp. 55
Elements of a Contractp. 56
The Physician-Patient Relationshipp. 57
Liability for Breach of Contractp. 65
Liability for Breach of Warrantyp. 66
Intentional Tortsp. 67
Assault and Batteryp. 68
The Court Decidesp. 75
Stowers v. Wolodzkop. 75
Negligencep. 81
Dutyp. 81
Breach of Dutyp. 88
Injury and Causationp. 96
Defensesp. 98
Liability for Acts of Others: Vicarious Liabilityp. 102
Countersuits by Physiciansp. 104
Reforming the Tort Systemp. 105
The Court Decidesp. 108
Helling v. Careyp. 108
Perin v. Haynep. 109
The Organization and Management of a Corporate Healthcare Institutionp. 119
Formation and Nature of a Corporationp. 120
Responsibilities of the Governing Boardp. 126
Responsibilities of Managementp. 131
Management's Role in Employment Law Issuesp. 132
Piercing the Corporate Veilp. 133
Multi-Institutional Systems and Corporate Reorganizationp. 135
Alternative Corporate Strategiesp. 138
Collaborative Strategies with Physiciansp. 139
What Lies Aheadp. 144
The Court Decidesp. 146
Charlotte Hungerford Hospital v. Mulveyp. 146
Stern v. Lucy Webb Hayes National Training School for Deaconesses and Missionariesp. 147
Woodyard, Insurance Commissioner v. Arkansas Diversified Insurance Co.p. 150
Liability of the Healthcare Institutionp. 157
Respondeat Superior Versus Independent Contractor Statusp. 158
Erosion of Physicians' Independent Contractor Statusp. 160
Apparent Agencyp. 162
Erosion of Captain-of-the-Ship and Borrowed-Servant Doctrinesp. 164
Doctrine of Corporate Liabilityp. 165
The Court Decidesp. 178
Norton v. Argonaut Insurance Cop. 178
Johnson v. Misericordia Community Hospitalp. 182
Health Reform, Access to Care, and Admission and Dischargep. 191
Introduction: The "Bight" to Healthcarep. 191
The Health Reform Laws of 2010p. 192
Pre-Reform Principles: Admission and Dischargep. 201
Admission and Treatment of Mentally 111 Patientsp. 207
Discharge from the Hospitalp. 212
Utilization Review: Controls on Admission and Dischargep. 216
The Court Decidesp. 221
Hill v. Ohio Countyp. 221
Appendix 7.1: The "Individual Mandate": Courts' Differing Viewpointsp. 228
Medical Staff Privileges and Peer Reviewp. 233
The Medical Staff Organizationp. 233
Appointment of Medical Staffp. 235
Due Process and Equal Protection Requirementsp. 236
Standards for Medical Staff Appointmentsp. 237
Peer Review, Discipline, and the Health Care Quality Improvement Actp. 241
Other Medical Staff Issuesp. 253
The Court Decidesp. 261
Kadlec Medical Center v. Lakeview Anesthesia Associatesp. 261
Appendix 8.1: Healthcare Quality Improvement Act of 1986, as Amendedp. 272
Emergency Carep. 279
The Need for Emergency Care Facilitiesp. 280
Duty to Treat and Aidp. 281
Duty to Exercise Reasonable Carep. 293
Good Samaritan Statutesp. 297
Consent for Treatment and Withholding Consentp. 305
Types of Consent and Recommended Proceduresp. 306
The Healthcare Institution's Role in Consent Casesp. 310
How "Informed" Must Informed Consent Be?p. 311
Consent of a Spouse or Relativep. 316
Life-or-Death Decisionsp. 317
Consent Issues for Incompetent Adultsp. 320
Consent Issues for Minorsp. 325
Legislation and Protocols on End-of-Life Issuesp. 333
The Court Decidesp. 337
Cobbs v. Grantp. 337
Bush v. Schiavop. 342
Appendix 10.1: Georgia Advance Directivep. 351
Appendix 10.2: Physician Orders for Life-Sustaining Treatment (POLST)p. 358
Taxation of Healthcare Institutionsp. 361
Nature of a Charitable Corporationp. 361
Federal Tax Issuesp. 365
State and Local Property Taxesp. 369
Coming Full Circlep. 375
The Court Decidesp. 377
Greater Anchorage Area Borough v. Sisters of Charityp. 377
Barnes Hospital v. Collector of Revenuep. 378
Provena Covenant Medical Center v. Department of Revenuep. 380
Competition and Antitrust Lawp. 389
The Sherman Actp. 391
The Clayton Actp. 392
The Federal Trade Commission Actp. 396
Jurisdiction, Exemptions, and Immunityp. 396
Sanctions and Enforcement of Antitrust Statutesp. 403
Rule-of-Reason Analysis and Per Se Violationsp. 404
The Court Decidesp. 421
In the Matter of Evanston Northwestern Healthcare Corporationp. . 421
Fraud Laws and Corporate Compliancep. 431
The Enforcement Climatep. 431
False Claims Actp. 437
Anti-Kickback Statutep. 442
Stark Self-Referral Lawp. 447
Corporate Compliance Programsp. 451
The Court Decidesp. 455
United States v. Greberp. 455
United States v. McClatcheyp. 458
Issues of Reproduction and Birthp. 463
Sterilizationp. 463
Wrongful Birth and Wrongful Lifep. 467
Other Reproduction Issuesp. 475
Abortionp. 479
Hospitals' Role in Reproduction Issuesp. 489
The Court Decidesp. 492
Skinner v. Oklahoma ex rel. Attorney Generalp. 492
Health Information Managementp. 503
Covered Entity, Protected Health Information, and De-identificationp. 504
Form and Content of Recordsp. 505
Access to Health Informationp. 511
Use of Health Records in Legal Proceedingsp. 527
State Open-Meeting and Public-Records Lawsp. 531
The Court Decidesp. 534
Tarasoff v. Regents of the University of Californiap. 534
Glossaryp. 547
Case Indexp. 553
Indexp. 567
About the Authorp. 599
Table of Contents provided by Ingram. All Rights Reserved.

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