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BUS 5654 Legal Aspects of Healthcare

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


  • 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


  • Explain the elements of a contract
  • Review a sample employment contract and independent contractor agreement and differentiate between the two

Week 3

Lecture: HIPAA


  • Explain the purpose behind HIPAA regulations
  • Understand the different levels of consent that are needed to use protected health information

Week 4

Lecture: EMTALA


  • 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


  • 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


  • 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


  • 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


  • 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