HSCC 330

Legal and Legislative Aspects of Health Care

Fall 2007

 

Instructor:                                                                            Online Office Hours:

Denise Wilfong, MHS, NREMT-P                                    T  3:30-4:30

128 Moore Bldg.                                                                   R  2:00-3:00

Cullowhee, NC 28723                                                           F  1:00-2:00

(W) (828) 227-3518

 (C) (828) 230-3937

dwilfong@email.wcu.edu

 

Course Description:

This course presents an overview of the legal issues facing the health care industry and a comprehensive review of specific legal issues.  This course will provide the student with a basic knowledge of health law.  This course also will provide the student with a basic knowledge of laws and regulations governing the operations of emergency medical services in North Carolina and other relevant matters including medical ethics, documentation, and the future of health law and regulation.

 

Course Objectives:

At the conclusion of this course, the student will be able to:

                1. define the legal terminology applicable to health care law.

                2. apply knowledge utilizing selected ethical and legal principles in

                    their daily work.

                3. determine appropriate actions to take in avoiding negligence and

                    personal/organizational liability.

                4. define the enabling legislation of EMS

                5. identify the statutes and regulations that govern the operations of EMS in NC

                6. recognize legal issues relating to prehospital care in North Carolina

 

Instructional Methods:

The student will receive information through readings, case studies, Internet sources, PowerPoint presentations, handouts, discussion, and a case study assignment.  The course will be administered through WebCat.

 

Text:

Pozgar, G.D., Legal Aspects of Health Care Administration; Tenth Edition, 2006.

 

Grading:

There will be two written examinations and one final written examination.  Participants will also complete a written case study exploring a legal topic of their choice.  Participation in the course, both in the classroom and online, are essential to the participants’ success.  Each week a legal case corresponding with the week's topic and questions concerning that case will be presented online for group discussion.  Students are expected to respond to the case and questions.  Grades will be earned according to the following distribution:

 

25%        Written Examination 1

                25%        Written Examination 2

                25%        Case Law Assignment

                15%        Final Examination

                10%        Participation (discussion postings)

 

 

 

 

                                                                Medical Director Signature____________________

Grading Scale:

                93-100   A

                83-92     B

                73-82     C

                63-72     D

              <62        F

 

Discussion Postings

Throughout the semester, there will be ten (10) cases posted for discussion.  The instructor will begin the discussion dialog and will pose pertinent questions regarding the case.  Students are required to respond to each of the posted cases. 

 

Exams

There will be two (2) exams during the semester and a comprehensive final exam at the end of the semester.  The first 2 exams will be proctored at a local community college of the students’ preference.  The final examination will be administered at Guilford Technical Community College on Saturday, December 8, 2007 at 0900.

 

Case Law Assignment

Students will be required to complete a case law assignment.  The student will conduct research, either online or at the library, searching for a legal case pertaining to any of the topics discussed in class.  The case must be related to a topic within the realm of EMS.  The case should be an actual court case and not merely an Internet article on the occurrence of a lawsuit.  The case study should be typed, and each section should be clearly labeled.  The Case Law Assignment must be no longer than 5 pages.  A copy of the case should be turned in with the report.  The case study will be due on November 16, 2007 by 21:00.  LATE ASSIGNMENTS WILL NOT BE ACCEPTED.

 

Specific instructions can be found on the HSCC 330 course page of the EMC Program website.

 

Academic Honesty

The following is WCU's Academic Honesty Policy as delineated in the Student Handbook:


Western Carolina University, as a community of scholarship, is also a community of honor.  Faculty, staff, administrators, and students work together to achieve the highest standards of honesty and integrity. Academic dishonesty is a serious offense at WCU because it threatens the quality of scholarship and defrauds those who depend on knowledge and integrity.  Academic dishonesty includes:

a.        Cheating—Intentionally using or attempting to use unauthorized materials, information, or study aids in any academic exercise.

b.       Fabrication—Intentional falsification of information or citation in an academic exercise.

c.        Plagiarism—Intentionally or knowingly representing the words or ideas of someone else as one's own in an academic exercise.

       d. Facilitation of Academic Dishonesty—Intentionally or knowingly helping or attempting to help

             someone else to commit an act of academic dishonesty, such as knowingly allowing another to copy

            information during an examination or other academic exercise.

 

Academic dishonesty will not be tolerated.  In accordance with the academic honesty policy presented in the Student Handbook, you should be aware that failure to adhere to this policy will result in a grade of "F" for this course.  This may occur at any time during the semester, even during the course withdrawal period.  In this case, the student will not be afforded the opportunity to have a "W" recorded for the course.   Subsequently, the student will also be dismissed from the EMC Program.

 

ADA Compliance

WCU makes every effort to provide reasonable accommodations for students with documented disabilities in compliance with the Americans with Disabilities Act.  To receive academic accommodations, students must be registered with the Office of Student Support Services.  The letter received from Student Support Services should be presented as documentation to the instructor as early in the semester as possible.

 

Course Outline

Fall 2007

 

 

Date

Topic

Reading Assignment

Case Discussions

08/20

 

Introduction to the Law (slides)

 

Case Study Assignment

 

pp 1-25

 

08/27

 

Tort Law, Part I (slides)

 

Tort Law, Part II (slides)

 

 

pp 27-52

 

 

 

1. Hall vs. Hilbun

 

2. Ybarra vs. Spangard

 

Due no later than 21:00 8/31

09/3

 

Criminal Aspects of Health Care (slides)

 

pp 53-70

 

3. Hand vs. Tavera

 

Due no later than 21:00

9/7

09/10

 

Contracts and Antitrust (slides)

 

 

pp 71-92

 

 

9/17

 

Civil Procedure (slides)

 

pp 93-125

 

4. Ostrowski vs. Azzara

 

Due no later than 21:00

9/21

9/24

 

Corporate Liability (slides)

 

pp 127-156

 

5. Darling vs. Charleston Community Hospital

 

Due no later than 21:00

 

10/1-10/5

 

Exam 1

 

 

Study Guide Exam 1

 

 

 

10/8

 

Health Care Ethics (slides)

 

The EMT Code of Ethics

pp 357-364

6. Ethics Posting

 

Due no later than 21:00

10/12

 

 

 

 

 

10/15

 

 

 

 

 

 

Advanced Directives (slides)

 

 

 

 

 

 

pp 364-391

 

 

 

 

 

7. Cruzan v. Missouri Department of Health

 

Due no later than 21:00 10/19

10/22

 

EMS History (slides)

 

 

 

 

 

10/29

 

NC EMS Rules (slides)

 

 

 

 

11/5

Liability (slides)

pp 228-235; 240-241; 297-307; 393-401

 

 

 

11/12

 

 

Patient Consent and Refusal (slides)

 

 

pp 277-295

 

8. Arato v. Avedon

 

Due no later than 21:00

11/16

11/16

Case Law Assignment Due

 

Assignment must be emailed to the instructor no later than 21:00 on 11/16

11/19

 

Documentation and Confidentiality (slides)

 

Legal Issues in Vehicle Operations and Equipment (slides)

 

pp 255-276; 329-342

9. Doe v. Marselle

 

Due no later than 21:00

11/23

11/26-11/30

Exam 2

Study Guide Exam 2

 

12-3

 

Quality Assurance Programs/Risk Management (slides)

 

Employment Issues (slides)

 

pp 449-460

 

pp 403-435

10. Doe v. UMMSC

 

Due no later than 21:00

12/7

12/8

Final Exam.  GTCC. 0900

Study Guide Final Exam