The Law of Healthcare Administration
, by Showalter, J. StuartNote: Supplemental materials are not guaranteed with Rental or Used book purchases.
- ISBN: 9781567934212 | 1567934218
- Cover: Hardcover
- Copyright: 10/1/2011
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.
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.
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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