Syllabus
HS 6550:
Legal Aspects of Health Care Administration
Spring 2010
Instructor:
Textbook:
Eugenia Stark Thomas, Esq.
Pozgar, George D. Legal Aspects of Health Care Administration, 10th edition.
Other required reading materials (articles, cases, etc.) will be provided by the
instructor, usually by email.
Optional reference text for paper: Publication Manual of the American
Psychological Association, Sixth Edition.
Schedule:
Tuesday nights, 6:00-8:45
Course Description: This course will provide students with a basic working knowledge of the
regulatory fabric governing the structure and operation of the health care industry. Specifically,
this course will address special problems of hospitals with respect to governing boards and
medical staff, the professional liability of physicians, medical personnel and hospitals, various
bioethical issues, and governmental regulation of the health care industry.
Prerequisite: Graduate Standing
3 Semester hours credit
Teaching Method: Students are expected to read all assigned materials and to attend class
prepared to discuss the assignment and concepts. Student participation in class discussions and
group activities is expected and forms part of the student’s grade. Class format will be a
combination of power point presentations, lectures, and facilitated discussions and analysis.
Many assignments and supplemental readings will be sent by email; students are expected to
check email regularly for additional reading assignments, any changes to the syllabus, and any
updated class information. This course requires extensive reading.
Guest Lecturers: Occasional guest lecturers may present a scheduled topic.
Location: Classes will be held at Mississippi Baptist Health Systems, 1225 N. State Street in the
Busey Auditorium on the lower level of the Hospital unless otherwise specified. Parking at
Baptist is free of charge.
Absences and Tardiness: According to the 2009-2010 Graduate Catalog, a student receives a
grade of “F” in any course immediately upon accumulating four (4) absences for classes that
meet once per week. Any exception to this rule, granted only in extraordinary circumstances,
must be approved by the Dean’s Committee on Absences. For a lesser number of absences, the
student should expect a lower grade in the course. Responsibility for missed work is that of the
student. Please refer to the Attendance Regulations in the Graduate Catalog for more
information on this subject.
Academic Conduct: Honesty and personal integrity are essential to this class, to the Graduate
program, and to Mississippi College. Neither plagiarism nor cheating of any kind will be
tolerated and all instances of same will be reported immediately to the Dean. Consequences
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for misconduct will be determined in consultation with the Dean. The Mississippi College
student handbook and specifically Policy 2.19 provide for penalties associated with dishonest
behavior. Violators can expect to receive the maximum penalties available.
Drop Day: January 21, 2010, is the last day to drop a class with full refund. March 26, 2010, is
the last day to officially drop a class. Students can drop classes to this date without a reason.
However, after the official Drop Date, students can drop a course or withdraw from school and
receive a “W” instead of an “F” only if these conditions exist:
- Extenuating circumstances beyond his/her control.
- Student must be passing the course.
- Student has attended class regularly (does not have excessive absences) and has
demonstrated general good faith toward completing the requirement of the course.
Graduate Student Orientation: Graduate students should read the Graduate Orientation
Manual in its entirety. This is an important part of the orientation for graduate students. Please
get your hard copy from your department or from the Graduate Office in Nelson 202. You may
also view the manual at www.mc.edu/publications/graduate/orientation.
Grading: Grading will be based on student’s classroom participation, research paper, research
project, mid-term and final exams. Informed classroom participation is expected, and students
who do not attend class regularly, who are habitually tardy, who do not participate regularly in
class, or who are not prepared for class should not expect to perform as well as those who do.
The mid-term and final examinations will cover assigned readings, guest lecturers’ comments,
classroom discussion and any handouts.
Class participation
Research Paper & Presentation
Research Project & Presentation
Mid-term Exam
Final Exam
TOTAL
Grading Scale:
A
B+
B
= 94-100
= 92-93
= 85-91
10%
25%
25%
20%
20%
100%
C+
C
D
= 83-84
= 75-82
= 70-74
F
= 0-69
No late work will be accepted, and no arrangements will be made for missed exams. Any
exception to this policy will be in the sole discretion of the instructor.
Research Paper: The research paper will address a current topic of interest in health care, as
assigned by the instructor. The paper will be between 15-20 typed pages in length, citations not
included, and a summary should be prepared and presented in class on the scheduled date.
Grading for the research paper will be based on a combination of (a) written quality of the paper;
(b) content of the paper/ quality of analysis; and (c) presentation of the paper. The paper format
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and all citations therein shall conform to APA style and citation conventions as contained in the
Publication Manual of the American Psychological Association, Sixth Edition. Students are
advised to take advantage of the free writing laboratory at Mississippi College if they have any
questions regarding the appropriate use of citations. More detailed information on the paper
requirements will be forthcoming.
Research Project: The research project will provide a focused, detailed examination of a
healthcare topic assigned by the instructor. The project will require (a) selecting background
reading materials for the class; (b) giving a class presentation on the topic (with powerpoint); and
(c) preparing a detailed student study guide for the topic. More detailed information on the
research project will be forthcoming.
Exams: The midterm will cover all material up to the date of the midterm. The final exam will
focus on the class material subsequent to the midterm; however, due to the subject matter of the
course, concepts from the beginning of the class necessarily will be tested in the final exam.
Each exam will be three hours in length and will be comprised of a combination of essay and
multiple choice questions.
Contact information: Ms. Thomas may be contacted by email at gstark@mbhs.org or by
leaving a message (including your name, return phone number and reason for your call) at (601)
968-5141. Calls and emails will be returned, but please do not expect an immediate response.
Disability accommodations: In order for a student to receive disability accommodations under
Section 504 of the Americans with Disabilities Act, he or she must schedule an individual
meeting with the Director of Student Counseling Services immediately upon recognition of
his/her disability (if the disability is known he/she must come in before the semester begins or
make an appointment immediately upon receipt of syllabi for the new semester). The student
must bring written documentation from a medical physician and/or licensed clinician that verifies
the disability. If the student has received prior accommodations, he/she must bring written
documentation of those accommodations (e.g., Individualized Education Plan from the school
system). Documentation must be current (within 3 years). The student must meet with SCS
face-to-face and also attend two (2) additional follow-up meetings (one mid-semester before or
after midterm examinations and the last one at the end of the semester). The student may also
schedule additional meetings as needed for support through SCS throughout the semester. Note:
Students must come in each semester to complete their Individualized Accommodation Plan.
Student Counseling Services is located in Alumni Hall Room #4 or may be contacted via email
at christia@mc.edu or rward@mc.edu or by telephone at 601-925-7790.
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Class Schedule and Lecture Topics
All background reading assignments are in the assigned textbook unless otherwise specified.
For many classes, the student should expect to receive additional, non-textbook reading material.
These materials will be distributed in the class immediately prior, by MC email, or by reference
to a web link. Non-textbook reading materials are subject to change to accommodate current,
relevant material and therefore are not listed on this syllabus.
January 12, 2010
Introductions, review syllabus, expectations
January 19, 2010
Basic legal concepts, Part I
 Introduction to the legal system and regulatory scheme
 Torts
 Assignment: Chapters 1, 2 and 3
January 26, 2010
Basic legal concepts, Part II
 Criminal law, contracts, and civil procedure
 Assignment: Chapters 4, 5 and 6
February 2, 2010
Organization and Management Issues: director, officer and institutional
liability and duties
 Duties of care and loyalty
 Fiduciary duties
 Assignment: Chapter 7 and additional reading TBA
February 9, 2010
Tax-Exempt Institutions and Issues
 State and federal tax exemption
 Community benefit
 Excess benefit transactions
 Assignment: TBA
February 16, 2010
Medical Staff Issues
 Credentialing and medical staff bylaws
 Liability issues
 Assignment: Chapter 8, 18
February 23, 2010
Labor and Employment Issues
 Industry unionization
 Assignment: Chapter 19, 20
March 2, 2010
MIDTERM EXAM
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March 9, 2010
Patient Care Issues: Informed Consent
 Consent and withholding consent
 End-of-life issues
 Assignment: Chapter 12, 15, 17
March 16, 2010
SPRING BREAK-NO CLASS
March 23, 2010
RESEARCH PAPERS DUE/ CLASS PRESENTATIONS
Admission and Discharge/Hospital Regulation
 Emergency care treatment and EMTALA
 CON and COP
 Assignment: TBA
March 30, 2010
Liability of health care professionals
 Nurses and other HCP
 Mandatory reporting
 Assignment: Chapter 9, 10, 13
April 6, 2010
Medical Records and Patient Privacy
 State law, HIPAA and other privacy issues
 Assignment: Chapter 11
April 13, 2010
RESEARCH PROJECTS DUE/ CLASS PRESENTATIONS
April 20, 2010
Reimbursement Overview
 Introduction to Medicare and Medicaid
 Insurance overview
 Assignment: TBA
April 27, 2010
Fraud and Abuse
 Stark and anti-kickback statute
 False Claims Act
 Enforcement and Compliance
 Assignment: TBA
May 4, 2010
FINAL EXAM
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