LONG TERM CARE AND THE LAW
(Spring 2016)
Daniel Sternthal
Syllabus
Daniel Sternthal
Seyfarth Shaw, LLP
700 Milam St.; Ste. 1400
Houston, Texas 77002
(713)-238-1882
dsternthal@seyfarth.com
Course Description
This course will focus on legal issues relevant to the operations of long term care providers across the
continuum of care, including senior housing, assisted living, nursing facilities, Continuing Care
Retirement Communities, and hospice and home health. These legal issues include licensure and
accreditation, quality regulation and assurance, admission and discharge policies, reimbursement, and
care coordination. We will discuss these issue from a policy context as well as through the statutory,
regulatory, and common law framework.
This course is a 2 credit course and meets on Thursday evenings from 4-6 PM.
Course Material
Long-Term Care for the Elderly 1st Edition (2011), Robyn Stone (ISBN-13: 978-0877667704);
The New Politics of Old Age Policy third edition (2014), Robert B. Hudson (ISBN-13: 978-1421414874)
Robert Wood Johnson, Long Term Care: What Are the Issues? (Feb. 2014)
http://www.rwjf.org/content/dam/farm/reports/issue_briefs/2014/rwjf410654
Various articles identified in the Reading List
Course Requirements and Policies
Requirements: The course has two major requirements: (1) preparing, attending and participating in
class sessions; and (2) written work product. Each student is expected to make a meaningful
contribution to the class discussion over the course of the semester by coming to class and engaging in
the discussion. The written work product will include a take home final exam which will consist of a
combination of issue-spotting and policy questions. I may also assign short summaries throughout the
semester.
Office Hours
I will not have regular on-campus office hours, but schedule permitting and with enough notice, I will
come early or stay after class to be available to students. I will also respond to emails and schedule
phone calls or meetings at my office to respond to any questions or concerns that students may raise
during the semester.
Course Schedule
The course will meet every Thursday from 4-6 PM unless otherwise indicated in the attached Course
Outline or as otherwise provided for throughout the semester.
COURSE OUTLINE
January 21, 2016 - Introduction and Overview
January 28, 2016 - Tort Law; Liability and Negligence Cases; Arbitration
February 4, 2016 - Quality of Care; Surveys; Regulatory Oversight
February 11, 2016 - Fraud and Abuse Issues
February 18, 2016 - Fair Housing and other Residential Matters
February 25, 2016 - No Class
March 3, 2016 - Business Transactions involving LTC Providers
March 10, 2016 - Reimbursement
March 17, 2016 - No Class (Spring Break)
March 24, 2016 - Tax-Exemption
March 31, 2016 - Privacy
April 7, 2016 - Financing
April 14, 2016 - Elder Rights
April 21, 2016 - Models of Care; Healthcare Reform; the Future of Long Term Care
April 28, 2016 - Final Class
May 5 - May 12 - Exam Period