California State University, Long Beach
COLLEGE OF HEALTH & HUMAN SERVICES
Health Care Administration Program
SYLLABUS
HCA 340 LEGAL ASPECTS OF HEALTH ADMINISTRATION
Spring, 2014
Instructor: Robert E. Siemer
E-mail: robert.siemer@csulb.edu
Class Number: 24484 Section: 04
Class Meets: January 22 – May 07,
Wednesday, 4:00 pm to 6:45 pm
Final: May 14, 5 pm – 7 pm
Room: LA1-307
Office Hours: Wednesday 3:00 –
4:00 p.m. and by arrangement.
Phone: 562 438 9319
Additional contact info:
HCA Program Coordinator:
Deby McGill, dmcgill@csulb.edu
Tel. 562-985-5692; fax 562-985-5886
CATALOG DESCRIPTION:
Prerequisite: Open to Health Care Administration majors only.
Prerequisite/Corequisite: HCA 300.
Overview of health law issues. Government regulation including legal constraints; liability;
negligence; patient rights; confidentiality; and corporate/administrative responsibility. Emphasis
on business applications of health law. Letter grade only (A-F). (Lecture)
Disabled students are requested to inform the instructor of the need for accommodations before
or during the first class session.
REQUIRED TEXT
Pozgar, George D., Legal Aspects of Health Care Administration, Eleventh Edition, Jones &
Bartlett Publishers, Sudbury, Massachusetts
COURSE OBJECTIVES, COMPETENCIES AND ASSESSMENTS
The Health Care Administration Department has adopted a competency-based curriculum, based
on the domains and competencies defined by the American College of Health Care Executives
(ACHE) Competencies Assessment Tool and the Healthcare Leadership Alliance (HLA)
Competency Directory. The table below lists course learning objectives and competencies, and
how they will be met and measured.
Learning Objective
Domain
Competency
1
Activity (A1),
Assignment (A2) or
Assessment (A3)
1. Recognize professional
& ethical issues in the
U.S. healthcare system
Professionalism 1. Organizational
business &
professional
ethics
2. Standards &
code of behavior
3. Patients’ rights
& responsibilities
2. Demonstrate
Knowledge of
1. National
knowledge of legal issues the Healthcare (community)
impacting consumers,
Environment
standards of care
patients, providers and
2. Workforce
health care organizations
issues
3. Corporate
compliance
issues, laws &
regulations
4. Nursing &
allied healthcare
professionals
roles, practices &
issues
3. Articulate principles of Business
1. Contractual
labor relations and
Knowledge &
legal obligations
administrative/governance Skills –
& issues
responsibilities in the
General,
2. Worker safety
health care setting
Human
& health issues
Resources,
(OSHA)
Organizational 3. Roles &
Dynamics &
functions of
Governance
Directors/Trustees
2
A1-Lecture and discussion
A2-Case Reviews,
A3-Quizzes, Mid-Term &
Final Exams
A1-Lecture and discussion
A2-Case reviews
A3-Quizzes
A1-Lecture and discussion
A2-Case reviews
A3-Term Project, Quizzes,
Mid-Term & Final Exam
4. Analyze risk and
Business
regulatory issues affecting Knowledge &
health care organizations
Skills Information
Management &
Risk
Management
1. Privacy &
confidentiality
issues
2. Credentialing
& Peer Review
3. Physician
Employment
Contracts
4. Credentialing,
Medical
Malpractice &
Professional
Liability
5. Federal & State
laws and
regulations in
healthcare
A1-Lecture and discussion
A2-Case reviews
A3-Quizzes, Mid-Term &
Final Exam
COURSE METHODOLOGY & ATTENDANCE
The course will consist of lecture and discussion, quizzes, presentations, a written project,
HIPAA Certification, a mid-term and a final.
Lecture and Discussion: The course consists of lectures and student participation in class
discussion. Therefore, attendance and participation will be graded and are necessary to achieve
the stated course objectives. Lectures and tests will be drawn from the required readings. Oral
case recitations will be assigned by the instructor for presentation by students. All students are
expected to have read the chapter assignments prior to classes, and all students are
expected to complete all course assignments in a timely manner.
ORAL CASE RECITATIONS
Students may be randomly assigned to orally present cases to the whole class at each class
meeting starting the second week of classes with Chapter 3. Regardless, students are expected
to read the case assigned and initiate a discussion with other students regarding the
significance of the case as related to the Chapter for that week.
QUIZZES
To review the student’s understanding of subject area, each student should take the on-line quiz
after the lecture corresponding to the chapter or subject area. There will be one quiz per chapter
for chapters 2 – 25. The quiz is self-scoring and multiple attempts are accepted to identify the
correct answer. The quizzes will relate to material assigned from the required text and any
additional assigned reading and from the lectures. Each quiz must be completed before the next
3
class. For student review, the quiz questions and answers (submission view) will be available
except during the mid-term and final exams.
WRITTEN PROJECT/TERM PAPER
The Written Project/Term Paper shall be on a topic of the student’s choice that is related to this
course or a current health care legal issue and consist of the briefs of two cases. The topic and
cases are on the approval of the instructor.
The written project will be graded according to the Written Project Evaluation Form (attached).
In general, the Projects are graded on:
1.
2.
3.
4.
Format & Layout
Content & Information
Quality of Writing
References and use of references
Due: Students shall submit their topic and the cases by the end of the fifth (5th) class
meeting. The written projects are due as indicated in the Class Assignments.
Format: The paper must be double spaced using the font Times New Roman or Arial, size
11 or 12. Margins must be one inch on the top, bottom, left, right sides. The paper must
be not less than 1500 words but not more than 2500 in length inclusive of the cover page
and attachments. See Content for the order that information is to be provided.
Your name, student ID#, date, and class title (HCA 340) must be on the title page or first
textual page.
Content: The content consists of the briefs of two related legal cases. The brief should
contain the following information in this order:
The Procedural History: How did the case get here?
The Legal Issue
The Facts of the Case
The Reasoning
The Holding
Dissents, if any
It should be well researched and the student will need to read and understand the two
legal cases. Quotations from the cases may be useful for emphasis but the student is
expected to summarize each area in his/her own words. For additional information
regarding briefing a case, see http://www.lawnerds.com/guide/briefing.html.
Quality: The thesis of the paper should be stated in the first two paragraphs and the
organization of the paper described. This is to alert the reader and help guide the reader.
Good writing will use the initial paragraphs to interest and entice the reader as to
importance of the thesis. Except where the transition was already been identified in an
introductory statement, each subsequent paragraph should link via transitional statements
4
to the thesis or subthesis. For example, a transition statement between The Reasoning
and The Holding is unnecessary if an initial statement has identified the order and a
heading is used to mark the transition. Sentences in each paragraph should advance or
contrast the subject of that paragraph. If useful, headings or subtitles can be used to
guide the reader. There should be a concluding statement that summarizes the points
made in the paper.
References: The paper should contain a minimum of four scholarly references. A
scholarly reference refers to a professional or academically oriented journal. Although a
peer reviewed article would indicate a higher standard of quality and reliability, a peer
reviewed article is acceptable but is not required in reference to this written project.
References may be in the form of a footnote, endnote or bibliography. All papers will be
written in APA format. Any sources must be cited. The CSULB library has multiple
options for proper APA writing style for your papers.
http://www.csulb.edu/library/eref/vref/style.html#apa
Submission and Late Papers: Submit papers to the applicable Dropbox by 8 pm. Papers
will be reviewed as to originality using TurnItIn. No late papers will be accepted, unless
you have adequate documentation of an extenuating circumstance (grade reduced by 2%
for every day it is late).
SUGGESTIONS FOR TERM PAPER TOPICS
Abortion
Ambulatory Surgery Centers
Antitrust
Arbitration
Biotechnology
Child/Elder Abuse
Consent
Current court cases (Calif. or Fed. Supreme
Court)
Emergency Preparedness
Employee Benefits
EMTALA (emergency medical treatment
and active labor act)
Ethics
External Review Organizations
Forensic Medicine
Health Related Class Action(s)
Healthcare in Correctional Institutions
Healthcare Technology
HIPAA Compliance
HMOs
Home Health
5
Hospitals
Human Genome Project (Cloning)
Labor Relations (employment, discipline &
discharge)
Licensing
Malpractice
Medical Research
Medicare/Medi-Cal Fraud & Abuse
Mental Health
Mergers and Acquisitions
Nursing
Pharmaceuticals
Product Liability
Public Health
Right to Die
Risk Management
Sarbanes-Oxley Act (2002)
Specialty Hospitals (e.g. Neurosurgery only)
Standard(s) of Care
Statute of Limitations in Healthcare
Tax & Accounting
Veterans Healthcare
HIPPA CERTIFICATION
Review the assignment instructions carefully to avoid losing points.
If you have previously completed the HIPAA EDI Standards Web Based Training Course, you
are not required to complete it again, but you must provide documentation (Certificate of
Completion) to obtain the points for this assignment.
If you have not previously completed the HIPAA EDI Standards Training Course:
 Log on to http://www.cms.gov/MLNProducts/
 Under Related Links at the bottom of the page, click Web Based Training(WBT) Courses
 On the left side of the page, click Health Insurance Portability and Accountability Act
(HIPAA) EDI Standards (November 2012)
 At the top of the window, either log in (return user) or register (new user). If you have
not completed any of the courses before, you will need to register as a new user.
 Follow the directions to complete the module.
 When you have finished, “Save” a copy of the certificate to submit for this assignment
and also “print” a copy of the certificate for your records. Turn in the certificate to the
instructor on or before the due date.
MID-TERM & FINAL EXAM
The Mid-Term will consist of a combination of multiple choice and short answer questions. The
Final will consist of a combination of multiple choice and short answer questions but may have
one or more short essays which will be evaluated on content and the quality of writing. The final
covers the entire semester. Both examinations will be open book and administered in a written
or online format as the student may chose however in both cases. Students who are unable to sit
for exams\quizzes or other activities at the appointed times must make arrangements with the
instructor prior to the scheduled date in question to obtain an alternate date. The exams will
cover material assigned from the required text and any additional assigned reading and from the
lectures.
GRADING
Attendance/Participation
Quizzes
Written Project
HIPPA Certificate
Mid-Term Exam
Final Exam
TOTAL
Points
40
60
60
15
60
90
325
Weights
12%
3 x 13 classes +1
18%
2.5 * 24
18%
05%
18%
28%
100%
6
FINAL COURSE GRADES
Grade
A
B
C
D
F
%
From
To
90%
80%
70%
60%
<60%
293
260
228
195
325
292
259
227
COURSE MEETING DATES
No.
Date
Chap. Topics - Deadlines
01
01/22
01, 02 Historical Perspective, Introduction to Law
02
01/29
03, 04 Torts and Criminal Aspects
03
02/05
05
Contracts and Antitrust
04
02/12
06
Civil Procedure
05
02/19
07
Corporate Structure
06
02/26
08
Medical Staff
07
03/05
09
Nursing
08
03/12
10, 11 Allied Professionals and Information Management
09
03/19
12, 13 Patient Consent and Legal Reporting
Mid-Term 4 pm - 5 pm
10
03/26
14, 15 Patient Rights and AIDs
Due: HIPAA Certificate
Due: Paper Topic
04/02
Canceled – Spring Recess
11
04/09
16, 17 Healthcare Ethics and Procreation
12
04/16
18, 19 End-of-Life and Professional Liability Insurance
04/20
Due: Paper 8 pm
13
04/23
20, 21 Labor Relations and Employee Discipline
14
04/30
22, 23 Employee Rights and Managed Care
15
05/07
24, 25 Tort Reform and Patient Safety
16
05/14
Final 5 pm – 7 pm
7
COMPUTER SKILLS NEEDED
In order to be successful in this course, you should be able to perform the following technical
tasks with little or no help:
•
Web Browser--Start up and close out a web browser to access Beachboard and perform
online literature research. Note that quizzes, the mid-term and final will be use Beachboard and
the Written Project must be turned in via Beachboard. (Directions on how to use Beachboard
features are in the Beachboard Student Resource Site,)
•
Word Processing--Create a new file, save a file, modify a file, copy and paste.
GUEST LECTURES
Depending upon availability, guest lecturers will be requested to review with the class a pertinent
topic related to health law. In addition, a mock settlement conference, arbitration and\or
deposition may be conducted during one of the classes.
SUBJECT TO CHANGE
Note that this syllabus and particularly the schedule are subject to change to promote the goals of
this course or CSULB.
GENERAL POLICIES AND REGULATIONS
It is the student’s responsibility to review and conform to the General Policies and Regulations
found in the CSULB Catalog.
WITHDRAWALS/DROPS
The symbol "W" indicates that the student was permitted to drop a course after the second week
of instruction with the approval of the instructor and appropriate campus official. It carries no
connotation of quality of student performance and is not used in calculating grade point average.
Students are held responsible for completion of every course in which they register OR FOR
WITHDRAWING DURING THE FIRST TWO WEEKS OF CLASSES FROM COURSES
WHICH THEY DO NOT INTEND TO COMPLETE. Application for withdrawal from the
University or from a class must be officially filed by the student at the Admissions and Records
Office whether the student has ever attended the class or not; otherwise, the student will receive
a grade of "U" (unauthorized incomplete) in the course. Application for withdrawal is made at
the Admissions and Records Office. A “Drop” will be submitted by the Professor for any
student not in attendance at the first two classes of the course. See University policy at:
http://www.csulb.edu/divisions/aa/grad_undergrad/senate/documents/policy/2002/02/
CHEATING AND PLAGIARISM
8
Please be aware of and conform your behavior to University policy regarding Cheating and
Plagiarism. The current policy can be found at:
http://www.csulb.edu/divisions/aa/grad_undergrad/senate/documents/policy/2008/02/
For additional information, see:
http://csulb.libguides.com/content.php?pid=321631&hs=a
CAMPUS CIVILITY AND THE DISRUPTION OF LEARNING: A GUIDE FOR
FACULTY AND STAFF
Please be aware of and conform your behavior to campus guide found at:
http://www.csulb.edu/divisions/aa/grad_undergrad/senate/documents/Civility_Final.pdf
CLASSROOM AND ONLINE BEHAVIOR
1. Arrive to classroom time and to stay for the entire class period.
2. All cell/smart phones must be turned off or on vibrate and hidden from view during class
time.
3. Laptop computer or tablets are allowed for (quiet) note taking only: i.e., other activities such
as checking personal e-mail or browsing the internet are prohibited.
4. Students are responsible for what transpired if the miss a class. It is the student’s
responsibility to conduct a classmate to determine what was missed. “Excused absences” are
specified in the University “Excused Absences Policy Statement” (e.g., hospitalization, death
of an immediate family member).
5. It is the student’s responsibility to notify the instructor of record in advance of a need for
accommodation of a disability that has been verified by the University.
6. Students should address faculty as “Professor” or “Dr. “
7. Students are expected to dress in neat and clean clothes. Business casual dress is
recommended. Avoid overly revealing clothes.
8. Students (and faculty) must adhere to University rules regarding online access and usage.
9. NOTE: Individual instructors may have additional requests regarding classroom behavior.
Please adhere to those as well.
DISABLED STUDENTS
It is the student’s responsibility to notify the instructor of record in advance of their need for
accommodation of a disability that has been verified by the University.
9
BIBLIOGRAPHY
Websites
AMD Telemedicine
Biohealthmatics
WebMD
Healthweb Telemedicine
Kaiser Health News
California Health Line
Robert Wood Johnson Foundation
American Assoc. of Health Plans
Nat’l Inst. of Mental Health
www.amdtelemedicine.com
www.biohealthmatics.com
www.webmd.com
www.lib.uiowa.edu
www.kaiserhealthnews.org
www.californiahealthline.org
www.rwjf.org
www.aahp.org
www.nimh.nih.gov
Accreditation
JCAHO
www.jcaho.org
Associations
ACHE
AARP
AHA
AMA
ANA
WHO
CHCF (CA HealthCare Fndn)
MGMA
American Cancer Society
National Cancer Institute
Best Practice Network
www.ache.org
www.aarp.org
www.aha.org
www.ama-assn.org
www.ana.org
www.who.int
www.chcf.org
www.mgma.com
www.cancer.org
www.nci.nih.gov
www.best4health.org
GOVERNMENT
Center for Disease Control
Health & Human Services
National Library of Medicine
HIPAA
CA Dept. of Managed health Care
www.cdc.gov
www.hhs.gov
www.nlm.nih.gov
www.os.dhhs.gov/ocr/hipaa
www.dmhc.ca.gov
LEGAL RESEARCH
American Bar Association
Answers to your legal q’s
Findlaw
Healthcare Law Net
Law.com
Legal Information Inst.
www.abanet.org
www.legalscholar.com
www.findlaw.com
www.healthcarelawnet.com/
www.law.com
www.law.cornell.edu/topical.html
10
WRITTEN PROJECT EVALUATION FORM
Student Name: __________ID# ______________________Date:________
QUALITIES & CRITERIA
1
2
3
WT
Format/Layout
 Presentation of the text
 Structuring of text
 Follows requirements of
length, font and style
Follows poorly the
requirements related
to format and layout.
Closely follows all
the requirements
related to format and
layout.
x4
Content/Information
 All elements of the topics are
addressed – sees both sides. See
Syllabus re: Response Plan
assignment.
 The information is
technically sound
 Information based on careful
research
 Coherence of information
The essay is not
objective and
addresses poorly the
issues referred in the
proposed topic. The
provided information
is not necessary or
not sufficient to
discuss these issues.
The essay is
objective and
addresses with an in
depth analysis all the
issues referred in the
proposed topic. The
provided information
is necessary and
sufficient to discuss
these issues.
x6
Quality of Writing
 Clarity of sentences and
paragraphs.
 No errors and spelling,
grammar and use of English
 Organization and coherence
of ideas
The essay is not well
written, and contains
many spelling errors,
and/or grammar
errors and/or use of
English errors. The
essay is badly
organized, lacks
clarity and/or does
not present ideas in a
coherent way.
Follows, for the most
part, all the
requirements related
to format and layout.
Some requirements
are not followed.
The essay is objective
and for the most part
addresses with an in
depth analysis most
of the issues referred
in the proposed topic.
The provided
information is, for the
most part, necessary
and sufficient to
discuss these issues.
The essay is well
written for the most
part, without spelling,
grammar or use of
English errors. The
essay is for the most
part well organized,
clear and presents
ideas in a coherent
way.
x6
References and use of
references
Most of the
references used are
The essay is well
written from start to
finish, without
spelling, grammar or
use of English errors.
The essay is well
organized, clear and
presents ideas in a
coherent way. The
essay has a thesis
statement and as
needed, headings.
All the references
used are important,
Most of the
references used are
11
x4
PTS
COMMENT
 Scholarly level of references
 How effective the references
are used in the essay
 Soundness of references
 Demonstration of research
skills
not important, and/or important, and are of
and are of
are not of
good/scholarly
good/scholarly
good/scholarly
quality. There are a
quality. There is the
quality. There are not minimum number of
minimum number or
a minimum number
scholarly resources
more of scholarly
of scholarly
that are for the most
resources that are
resources, and/or they part used effectively
used effectively in
are not used
in the essay. Most of
the essay. All the
effectively in the
the references are
references are
essay. References are effectively used,
effectively used,
not effectively used,
correctly cited and
correctly cited and
and/or correctly cited correctly listed in the
correctly listed in the
and/or correctly listed reference list
reference list
in the reference list
according to APA
according to APA
according to APA
style.
style.
style.
0riginality and authenticity: (Overriding criterion) If the essay is identified as not being original, and/or
not done by the student, the instructor has the authority to grade the paper as an F.
Evaluator:________________________
Additional Comments:
12
Total Points: ___________