Course Description
Analyzes healthcare business entities and the regulations with which they must comply. Discusses individual right to access, and malpractice and its defense. Examines legal perspectives to starting a new healthcare business venture, and information necessary before entering into a joint healthcare venture.
Week 1
Lecture: Business Entities
Outcomes
- Explain the different types of legal entities and the advantages and disadvantages inherent in each type
- Understand what type of entity is best for various business arrangements
- Explain where one looks to find the powers of a board of directors
- Understand the concept of piercing the corporate veil
Week 2
Lecture: Employment Contracts
Outcomes
- Explain the elements of a contract
- Review a sample employment contract and independent contractor agreement and differentiate between the two
Week 3
Lecture: HIPAA
Outcomes
- Explain the purpose behind HIPAA regulations
- Understand the different levels of consent that are needed to use protected health information
Week 4
Lecture: EMTALA
Outcomes
- Recognize the current trends in EMTALA law
- Be able to explain the purpose behind the law and the duties the law imposes on hospitals and physicians
Week 5
Lecture: Stark Law
Outcomes
- Recognize the purpose of the Stark Law and some of the common exceptions
- Be able to explain when a business arrangement would be subject to the law and how to fit an arrangement within an exception to be legal
Week 6
Lecture: Federal Anti-Kickback Statute
Outcomes
- Understand the difference between the Stark Law and the Anti-Kickback Statute
- Understand the 1/3 – 1/3 rule
Week 7
Lecture: Medical Malpractice – Part 1
Lecture: Medical Malpractice – Part 2
Outcomes
- Understand the four essential elements that must be proven for a plaintiff to prevail in a negligence case
- Be able to advise a physician or healthcare provider in methods he or she could take to limit potential liability
Week 8
Lecture: Physician Joint Ventures
Outcomes
- Understand the various legal steps necessary to do a private offering for a healthcare joint venture
- Know how to judge what information must be given to a patient for a purported consent to qualify as "informed"
- Have a greater appreciation for the importance of living wills and healthcare powers of attorney
The course description, objectives and learning outcomes are subject to change without notice based on enhancements made to the course. November 2011
