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Problems in Health Care Law

by: Miller, Robert D.

Problems in Health Care Law

by: Miller, Robert D.

ISBN 13:
9780763727727
ISBN 10:
0763727725
Edition: 8th
Format: Hardcover
Copyright: 04/01/2004
Publisher: Jones & Bartlett Learning
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Summary

Univ. of Wisconsin, Madison. Reference, for policy makers and administrators, on legal issues and concerns surrounding health care. New chapters cover managed care, compliance, criminal law, and civil penalties. Previous edition: c1996.

Preface

Acknowledgments

Introduction to the American Legal System

(17)

The Nature of the Law

(1)

Governmental Organization and Functions

(2)

Sources of Law

(6)

Organization of the Court System

(8)

Legal Structure of Health Care Organizations

(41)

Legal Basis

(6)

Governing Board

(9)

Chief Executive Officer

(7)

Major Changes in Legal Basis or Operations

(18)

Licensing, Regulation, and Accreditation

(40)

Licensure of Institutions

(4)

Certificate-of-Need Laws

(1)

Zoning Laws

(1)

Licensure and Permits for Services

(1)

Regulation of Drugs and Medical Devices

(8)

Advertising and Trademarks

(1)

Individual Licensing and Credentialing

(22)

Payment and Taxation

(56)

Financial Requirements

100

(1)

Making Arrangements for Patients

100

(1)

Setting Charges

101

(1)

Legal Basis for Obtaining Payment

102

(1)

Government Programs

102

(12)

Assignment of Patient Claims

114

(1)

Responsibility of Patient, Family, and Individual Guarantors

115

(1)

Other Bases for Obtaining Payment

116

(1)

Billing and Collections

117

(4)

Uncompensated Care

121

(1)

Capital Financing

121

(2)

Asset Protection

123

(1)

State Taxes

124

(1)

Exemption from State and Local Taxes

125

(4)

Federal Income Tax

129

(1)

Federal Income Tax Exemption

130

(25)

Contracting and Managed Care

155

(34)

Contracts

155

(4)

Managed Care

159

(5)

Managing Utilization

164

(10)

Managing Payment

174

(2)

Liability of Managed Care Organizations

176

(13)

Criminal Law and Civil Penalties

189

(21)

Compliance Programs

189

(1)

Enforcement Efforts

189

(3)

Difference Between Criminal Penalties and Civil Penalties

192

(1)

Criminal Law

193

(6)

Suspension, Recoupment, or Exclusion from Federal Programs

199

(1)

Civil Money Penalties

199

(1)

Private Lawsuits

200

(10)

Antitrust

210

(22)

Sherman Anti-Trust Act

211

(7)

Clayton Act

218

(4)

Federal Trade Commission Act

222

(1)

Exemptions

223

(9)

Medical Staff

232

(71)

Relationship of Medical Staff and Hospital

232

(4)

Relationship of Individual Physicians and Hospitals Inside the Medical Staff Structure

236

(31)

Relationship of Individual Physicians and Hospitals Outside the Medical Staff Relationship

267

(5)

Parallel Credentialing Mechanisms

272

(1)

History

272

(6)

Future of the Medical Staff

278

(25)

Staff Relations

303

(58)

General Staff Relations Issues

303

(7)

Equal Employment Opportunity Laws

310

(14)

Compensation and Benefits

324

(3)

Occupational Safety and Health

327

(2)

Labor-Management Relations

329

(8)

State Laws

337

(24)

Tort Liability and Malpractice

361

(59)

General Principles of Tort Liability

361

(1)

Intentional Torts

362

(3)

Negligent Torts

365

(12)

Breach of Implied Warranties and Strict Liability

377

(2)

Who Is Liable?

379

(4)

Examples of Tort Liability and Malpractice

383

(37)

Relationship with the Patient

420

(29)

Physician-Patient Relationship

420

(4)

Hospital-Patient Relationship

424

(25)

Treatment Authorization and Refusal

449

(83)

Consent and Informed Consent

449

(13)

Research

462

(1)

The Right To Refuse

463

(4)

Involuntary Treatment

467

(9)

Limits on the Treatment That Must Be Offered

476

(2)

Adults with Decision-Making Capacity

478

(8)

Incapacitated Adults with a Prior Directive

486

(2)

Incapacitated Adults with No Prior Directive

488

(3)

Minors

491

(8)

Provider Liability in Refusal Cases

499

(3)

Assisted Suicide

502

(30)

Health Care Information

532

(48)

Underlying Problems/Uses of Information

533

(1)

Ownership and Internal Use of Records

534

(2)

Content and Maintenance of Health Care Records

536

(7)

Confidentiality

543

(7)

Required or Authorized Disclosure

550

(13)

Computers and Other Technologies

563

(1)

Audio and Visual Recordings

564

(16)

Reproductive Issues

580

(22)

Contraception

580

(2)

Voluntary Sterilization

582

(2)

Involuntary Sterilization

584

(1)

Assisted Conception

585

(4)

Abortion

589

(3)

Prenatal Testing and Genetic Screening

592

(1)

Wrongful Conception, Wrongful Birth, and Wrongful Life Suits

592

(10)

Death and Dead Bodies

602

(19)

Definition of Death

602

(3)

Dead Bodies

605

(4)

Autopsies

609

(3)

Donation of Bodies and Cadaver Transplantation

612

(9)

Index of Defined Acronyms

621

(4)

Introduction to Index of Cases

625

(2)

Index of Cases

627

(50)

Index of Constitutions, Statutes, Regulations, and Other Materials

677

(13)

Index

690

(37)

About the Authors

727

Amazon no longer offers textbook rentals. We do!

Problems in Health Care Law

Problems in Health Care Law

9780763727727

0763727725

Summary

Table of Contents

Supplemental Materials

Write a Review

Amazon no longer offers textbook rentals. We do!

Problems in Health Care Law

Problems in Health Care Law

9780763727727

0763727725

Summary

Table of Contents

Supplemental Materials

Write a Review

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