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Problems in Health Care Law : Problems in Health Care Law - Robert D. Miller

Problems in Health Care Law

Problems in Health Care Law

Paperback Published: 26th January 2006
ISBN: 9780763745554
Number Of Pages: 899

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Problems in Health Care Law, Ninth Edition has been extensively updated and restructured to utilize the "problems" approach. Organized to highlight the general principles of health care law, the text seeks to state expressly the general principles of both the underlying conflicts between public policies and the legal solutions to those problems. To achieve this goal, the Ninth Edition's format has been revised to reflect the categories of health care law that remain most problematic. Each chapter reflects one of these categories while frequently asked questions serve as the headings to each section. Problems in Health Care Law, Ninth Edition continues to provide the professional with a helpful one-volume overview of health care law, which it and its predecessor Problems in Hospital Law have offered since 1968.

Prefacep. ix
Acknowledgmentsp. xi
Introduction to the American Legal Systemp. 1
The Nature of the Lawp. 2
Governmental Organization and Functionsp. 3
Sources of Lawp. 5
Organization of the Court Systemp. 14
Contractsp. 22
Organization of the Health Care Delivery Systemp. 29
What Are the Key Characteristics of the Six Types of Organizations?p. 31
How Are Governing Bodies Selected and What Is Their Role and Responsibility?p. 44
How Are CEOs Selected and What Is Their Role and Responsibility?p. 57
What Are the Licensing and Accreditation Requirements for Health Care Organizations?p. 65
What Are the Issues When an Organization Is Converted from One Type into Another?p. 74
What Are the Issues When an Organization Is Merged, Consolidated, Sold, or Dissolved?p. 79
What Are the Issues When an Organization Closes or Relocates a Hospital or Other Delivery Location?p. 83
What Is the Impact of Bankruptcy Law?p. 86
Creation and Maintenance of Physical Resourcesp. 93
What Land Use, Construction, and Other Permitting Regulations Are Applicable to Health Care Facilities?p. 94
What Are the Licensure Requirements for Health Care Facilities?p. 101
What Are the Regulations Concerning the Manufacture and Use of Drugs, Medical Devices, Tissues, and Other Items Used in Health Care?p. 102
Individual Providers and Caregiversp. 121
Individual Licensingp. 122
Private Certification of Individualsp. 137
Employment Relationshipp. 139
Independent Contractorsp. 205
Others Who Provide Services in Health Care Organizationsp. 207
Medical Staffp. 213
The Organization and Role of the Medical Staffp. 214
Appointment to the Medical Staffp. 226
Delineation of Clinical Privilegesp. 237
Periodic Review and Reappointmentp. 239
Modification and Termination of Privilegesp. 243
Review Procedures for Adverse Actionsp. 251
Potential Liability of Those Involved in the Process of Making Medical Staff Appointment and Clinical Privilege Decisionsp. 264
Relationship with Physicians Outside the Medical Staff Relationshipp. 270
Relationship of Patient and Providerp. 279
How Does a Relationship with a Physician Begin?p. 280
How Does a Relationship with a Hospital Begin?p. 283
What Are the Special Rules Concerning Emergency Cases?p. 287
What Are the Effects of Nondiscrimination Laws?p. 293
How Does a Relationship with a Physician End?p. 298
How Does a Relationship with a Hospital End?p. 301
Decision-making Concerning Individualsp. 315
Who Is the Appropriate Decisionmaker?p. 316
What Information Needs to Be Given to the Decisionmaker?p. 339
Who Has the Responsibility to Provide Information?p. 357
What Should Be Done to Prove the Decision?p. 359
What Constitutes Coercion That Makes Consent Involuntary and Invalid?p. 367
What Limits Are Placed on the Permitted Range of Decisions?p. 368
When Can the Law Authorize Involuntary Treatment?p. 389
What Are the Consequences of Stopping Treatment or Providing Unauthorized Treatment?p. 404
Health Care Informationp. 427
What Are the Underlying Issues Addressed Through the Laws Concerning Health Care Information?p. 428
Who Owns Medical Records?p. 429
What Records Must Be Created, and How Must They Be Maintained?p. 431
What Are the Laws Concerning Privacy of Health Care Information?p. 439
What Are the Laws Concerning Use of Health Care Information?p. 452
What Are the Laws Concerning Disclosure of Health Care Information?p. 455
What Legal Issues Flow from the Use of Audio and Video Transmissions and Recordings?p. 483
What Legal Issues Flow from the Use of Computers and the Internet?p. 486
Paying for Health Care Resources and Servicesp. 493
What Attempts Have Been Made to Directly Address Provider Charges and Budgets?p. 495
How Are Medicare, Medicaid, and Other Major Government Payment Programs Structured?p. 499
How Are Employer-Sponsored and Other Private Payment Programs Structured?p. 521
What Are the Laws Governing Collection of Copayments, Deductibles, and Uninsured Amounts?p. 527
How Can Capital Financing Be Arranged?p. 539
What Are the Other Sources of Financing for Providers?p. 543
What Is the Impact of Tax Structure on the Health Care System?p. 544
Third-party Health Care Coveragep. 559
Who Is Covered by the Plan?p. 559
How Is Utilization Managed?p. 562
What Are the Appeal Rights from Adverse Utilization Determinations?p. 582
When Can Third-party Payers Be Liable for the Consequences of Their Decisions?p. 583
Civil Liabilityp. 587
What Must Be Proved to Establish Liability for Negligence Torts?p. 588
What Are Intentional Torts, and How Do They Differ from Negligent Torts?p. 605
What Are the Major Defenses to Liability Suits for Torts?p. 611
What Are the Special Strict Liability Rules for Products Liability?p. 622
Who Is Responsible for Paying for Liability?p. 625
What Types of Insurance Are Available?p. 633
What Are Some of the Ways That Have Been Proposed and/or Implemented to Deal with the Periodic Malpractice Crisis?p. 635
What Are Some Examples of the Tort Liability of Health Care Providers?p. 650
Criminal Law and Civil Penaltiesp. 681
Compliance Programsp. 682
Enforcement Agenciesp. 682
Differences Between Criminal and Civil Penaltiesp. 686
Criminal Lawp. 688
Suspension, Recoupment, and Exclusion from Federal Programsp. 702
Civil Money Penaltiesp. 703
Private Lawsuitsp. 704
Antitrustp. 709
Sherman Antitrust Actp. 711
Clayton Actp. 724
Federal Trade Commission Actp. 730
Exemptionsp. 731
Reproductive Issuesp. 737
Contraceptionp. 737
Sterilizationp. 741
Assisted Conceptionp. 746
Abortionp. 754
Wrongful Conception, Wrongful Birth, and Wrongful Life Suitsp. 760
Death and Dead Bodiesp. 765
What Is the Definition of Death, and Who May Declare Death?p. 766
What Are the Rules Concerning Handling Dead Bodies?p. 770
When May an Autopsy Be Performed, and What Limits Are There on the Scope of Autopsies?p. 775
What Are the Rules Concerning Donation of Bodies and Body Parts?p. 779
Index to Defined Acronymsp. 789
Introduction to Index of Casesp. 793
Index of Casesp. 795
Index of Constitutions, Statutes, Regulations, and Other Materialsp. 841
Indexp. 855
About the Authorsp. 899
Table of Contents provided by Ingram. All Rights Reserved.

ISBN: 9780763745554
ISBN-10: 0763745553
Series: Problems in Health Care Law
Audience: Professional
Format: Paperback
Language: English
Number Of Pages: 899
Published: 26th January 2006
Publisher: Jones and Bartlett Publishers, Inc
Country of Publication: US
Dimensions (cm): 22.71 x 15.95  x 4.57
Weight (kg): 1.17
Edition Number: 9
Edition Type: Revised