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Preface
Acknowledgments
Chapter 1 A Brief History of Law and Medicine
Part 1 The History of Law
The Historical Foundation of the US Legal System
The Vast, Complex, and Dynamic Field of Healthcare Law
Major Sources of US Law and the Hierarchy of Authorities
Federal and State Court Systems
Litigation Process
A Turning Point in the Quest for Healthcare Justice
Discussion Questions for Part 1
Part 2 The History of Medicine
The Pharaohs and Babylonians
Discussion Questions for Part 2
Chapter Summary
Vocabulary
Notes
Appendix 1.1 A Select Timeline of the History of Medicine
Chapter 2 Access to Healthcare Insurance and Treatment
The US Healthcare System: Fragmented and Unequal
A Century of Efforts to Achieve Broader Access to Care
Medicare and Medicaid: Healthcare's Fraternal Twins at Middle Age
The Affordable Care Act: Obamacare's "Four M's of Access"
Facility Processes
Final Thoughts: ACA Stability, Medicaid Universality, Medicare Commonality
Chapter Summary
Vocabulary
Discussion Questions
Notes
Appendix 2.1 Medicare/Medicaid/CHIP Comparison
Appendix 2.2 History of Health Reform Efforts
Chapter 3 The Organization and Management of a Corporate Healthcare Institution
Formation and Nature of a Corporation
Responsibilities of Management
Piercing the Corporate Veil
Multi-institutional Systems and Corporate eorganization: The Independent Hospital and Independent Physician as Anachronisms
Alternative Corporate Strategies
Collaborative Strategies with Physicians
Chapter Summary
Vocabulary
Discussion Questions
Notes
Chapter 4 Human Resources Law
Introduction
Who Is an Employee?
Types of Employment and Workforce Arrangements
Nondiscrimination Statutes
Labor Law
Statutes Enforced by the US Department of Labor
State Employment Law
Special Legal Challenges for HR Departments
Employee Relations Generally
Chapter Summary
Vocabulary
Discussion Questions
Notes
Appendix 4.1 Fair and Unfair Labor Practices
Appendix 4.2 Helpful Human Resources-Related Sites
Chapter 5 Contracts and Intentional Torts
Think Like a Lawyer
The Taxonomy of Law
Contracts and Intentional Torts as Bases of Liability
Elements of a Contract
The Provider-Patient Relationship
Liability for Breach of Contract
Liability for Breach of Warranty
Intentional Torts
Chapter Summary
Vocabulary
Discussion Questions
Notes
Chapter 6 Negligence
Duty
Breach of Duty
Causation, Injury, and Damages
Defenses
Liability for Acts of Others: Vicarious Liability
Countersuits by Physicians
Reforming the Tort System
Chapter Summary
Vocabulary
Discussion Questions
Notes
Appendix 6.1 National Quality Forum's Preventable Medical Errors
Appendix 6.2 State Apology Laws
Chapter 7 Liability of the Healthcare Institution
Background
Respondeat Superior Versus Independent Contractor Status
Erosion of Physicians' Independent Contractor Status
Erosion or Captain-of-the-Ship and Borrowed-Servant Doctrines
Doctrine of Corporate Liability
Liability of Managed Care Organizations
Chapter Summary
Vocabulary
Discussion Questions
Notes
Chapter 8 Medical Staff Privileges and Peer Review
Overview
The Medical Staff Organization
Relationships Among Board, Management, and Medical Staff
Appointment of the Medical Staff
Standards for Medical Staff Appointments
Peer Review, Discipline, and the Health Care Quality Improvement Act
Lessons from Poliner and Kadlec
Quality Issues and Accountable Care Organizations
Chapter Summary
Vocabulary
Discussion Questions
Notes
Chapter 9 Fraud and Abuse Laws and Corporate Compliance
Introduction
The Enforcement Climate and Practical Challenges for Healthcare Providers
False Claims Act
Anti-Kickback Statute
The Civil Monetary Penalties Law
Stark (Physician Self-Referral) Law
Foreign Corrupt Practices Act
Corporate Compliance Programs
Chapter Summary
Vocabulary
Discussion Questions
Notes
Appendix 9.1 Summary of Major Fraud Statutes
Appendix 9.2 OIG Advisory Opinion No. 22-01
Chapter 10 Health Information Management
Federal Law Sets the Floor for Privacy, Confidentiality, and Security Protections
HIPAA Privacy Rule for Covered Entities
HIPAA (with HITECH) Security Rules and Breach Notification
State-Based Privacy Protections and Reporting / Obligations
Emerging Federal and State Issues Relating to Telemedicine
Chapter Summary
Vocabulary
Discussion Questions
Notes
Appendix 10.1 HIPAA Breach Notification
Chapter 11 Emergency Care
A Federal Statutory Right to Emergency Treatment
The Need for Emergency Services
Duty to Treat and Aid
EMTALA Enacted
Post-Dobbs Legal Issues in Emergency Treatment
Training of Hospital Staff
Good Samaritan Statutes
Chapter Summary
Vocabulary
Discussion Questions
Notes
Appendix 11.1 EMTALA Statutory Provisions
Appendix 11.2 Coming to the Emergency Department
Chapter 12 Consent for Treatment
Types of Informed Consent and Recommended Procedures
The Healthcare Institution's Role in Obtaining Informed Consent
How "Informed" Must Informed Consent Be?
Surrogate Decision Makers for Patients Who Lack Decisional Capacity
Consent Issues for Minors
Decision-Making Near the End of Life
End-of-Life Decision-Making for Patients Who Lack Decisional Capacity
Legislation and Protocols on End-of-Life Issues
Chapter Summary
Vocabulary
Discussion Questions
Notes
Appendix 12.1 Comparison of POLST Form and Advance Directive
Chapter 13 Tax-Exempt Healthcare Organizations
Exemption Is the Exception
The History of Healthcare as a "Charitable" Endeavor
Federal Tax Exemption: The "Community Benefit" Standard
State and Local Tax Exemption: Charitable Purpose, Exclusive Use, and Budgetary Pressures
The Future of Healthcare Tax Exemption?
Chapter Summary
Vocabulary
Discussion Questions
Notes
Appendix 13.1 Affordable Care Act Requirements for Exempt Hospitals
Chapter 14 Competition and Antitrust Law
Overview
The Sherman Act
The Clayton Act
The Federal Trade Commission Act
Jurisdiction, Exemptions, and Immunity
Sanctions and Enforcement of Antitrust Statutes
Rule of Reason Analysis and Per Se Violations
Chapter Summary
Vocabulary
Discussion Questions
Notes
Chapter 15 Issues of Reproduction and Birth
Out with the Old
Federal Constitutional and Statutory Framework
Abortion
Other State-Law Reproduction Issues
Future Legal Issues Related to Reproduction and Birth
Chapter Summary
Vocabulary
Discussion Questions
Notes
List of Healthcare Law Abbreviations
Glossary
Case Index
Subject Index
About the Authors

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출판사 책소개

알라딘제공
Now in its tenth edition, The Law of Healthcare Administration explores the serious legal challenges that healthcare leaders must be equipped to deal with. This classic text helps readers think through the issues, applying current legal principles and relevant judicial decisions.

Now in its tenth edition, The Law of Healthcare Administration explores the serious legal challenges that healthcare leaders must be equipped to deal with. This classic text helps readers think through the issues, applying current legal principles and relevant judicial decisions.

Drawing on their practice and teaching backgrounds, authors Stuart Showalter and Sallie Thieme Sanford aim to provide an accurate, accessible, and engaging textbook that helps students understand the law's evolving, multifaceted role in the administration of healthcare entities. Like its predecessors, this edition provides a comprehensive overview of healthcare law, and its 15 chapters include substantial revisions and new material, including discussions of Dobbs v. Jackson Women's Health (the US Supreme Court's June 2022 decision that overturned the constitutional right to abortion), Biden-era Affordable Care Act (ACA) litigation and regulation, evolving antidiscrimination standards, the federal No Surprises Act, new fraud and abuse regulations, crisis standards of care, Good Samaritan overdose statutes, apology laws, and much more.

About the Author

Sallie Thieme Sanford, JD, is an associate professor at the University of Washington School of Law, with an adjunct appointment in the School of Public Health, Department of Health Systems and Population Health. She received her JD, Order of the Coif, from the University of California, Los Angeles. Sanford clerked for the Honorable Robert R. Beezer of the US Court of Appeals for the Ninth Circuit. Before entering academia, she served as an assistant attorney general representing the University of Washington (UW) Medical Center, Harborview Medical Center, and the UW’s health sciences schools. J. Stuart Showalter, JD, MFS, developed a deep expertise in health law during a 50-year career. He has a law degree from Washington University in St. Louis, Missouri, and a master’s degree in forensic science from George Washington University in Washington, DC. He served in the US Navy from 1972 to 1980 in various positions, including in-house counsel to a large US Navy medical center, and counsel to the US Navy Surgeon General. Showalter taught health law and public policy in the master of health administration program at Washington University School of Medicine.

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