HEALTH CARE LAW AND ETHICSBU 5220.COP/Fall 2014

Objectives: My goal for this class is to teach you how to identify legal and ethical issues that will arise for you as a professional in the medical field, and to empower you to analyze these issues effectively. In this class you will learn the fundamental rules of law pertinent to the field of health care, and by the end of the semester you will have a basic understanding of civil procedure, administrative law, torts and products liability, criminal law, contracts, antitrust law, patient rights, liability insurance, employment law, business entities, and ethics.

Instructor: Chantalle Forgues, JD, MBAOffice: 232 Hyde HallOffice Telephone: (603) 535-3339Cellular Telephone: (603) 361-6483 Work Email: crforgues@plymouth.eduHome Email: chantallefor@yahoo.com

Business Office: Hyde 116 (for administrative matters)(603) 535-2610

Office Hours: By appointment.

Textbook: Legal Aspects of Health Care Administration11th edition, George D. Pozgar2012 Jones & Bartlett Learning, LLCISBN-13: 978-0763780494

You may use an earlier edition of the textbook, but will be responsible for matching the pages of the earlier edition to the pages herein assigned for the current edition.

Other Materials: You will be assigned homework from resources other than the text. These resources, and all other class materials, will be posted on our Moodle page.

Technical Support: If you have trouble accessing any class information or materials on Moodle, please call PSU technicalsupport at (603) 535-2929.

Grading: 1. Weekly Papers (30%). You must post a two-page, double-spaced paper every WEDNESDAY by 9:00pm analyzing in depth the discussion question posted on Moodle for that week. Your paper will be graded pursuant to the paper grading rubric posted on Moodle.

2. Weekly Quizzes (15%). You must complete by SATURDAY at 9:00pm every week an open-book, open-resource, open-friend quiz administered on Moodle as designated. The quizzes are non-cumulative and consist of hypothetical multiple choice questions testing you on the lessons learned during the week in which it is administered. These quizzes are challenging, so be prepared to spend sufficient time with them.

3. Bi-weekly Discussions (20%). We will have mandatory live class discussions in small groups every other MONDAY (with the exception of the final discussion) at a time specifically designated for you. Chats are text only (i.e., not video), and will take place in our virtual

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classroom located on Moodle. During our chat I will question you on the issues raised in the previous two weeks, and engage you in a debate with me and each other. It is imperative that you prepare for our discussions by understanding the legal issues raised in the applicable class materials and are able to analyze them in great detail. I will grade you at the end of the discussion pursuant to the debate grading rubric posted on Moodle.

4. Research Paper and Moot Court (20%). You will be required to complete one major project during the semester. For your project, you will be: (1) preparing a research paper analyzing a contemporary health law issue (10% of grade), and (2) participating in a moot court exercise with a partner(s) in which you will attempt to persuade a judge of your position on the legal issue you researched (10% of grade). The research paper is due on MONDAY, September 29 at 9:00pm, and the moot court presentation is due on MONDAY, October 20 during your regularly scheduled chat time. Each part of your project will be graded according to the designated rubric posted on Moodle.

5. Final Examination (15%). There will be a cumulative final examination with substantive essay and multiple choice questions, which resemble the weekly discussion and quiz questions respectively. The final exam is due on SUNDAY, November 23 at 9:00pm by email to me at crforgues@plymouth.edu.

Make-Up Policy: Absences from discussions, and late quizzes, postings, projects, or final exams will NEVER be accepted unless you obtain a prior proper excuse pursuant to the Plymouth State University policy.

Academic Integrity, Professionalism, and Other Policies:

You are expected to comply with Plymouth State University’s policy on academic integrity found in the Academic Catalog 2014-2015, with all of the other policies in the Catalog, and with the Academic Policies section of the university website.

Americans With Disabilities Act:

Plymouth State University is committed to providing students with documented disabilities equal access to all university programs and facilities. If you think you have a disability requiring accommodations, you should immediately contact the PASS Office in Lamson Library (535-2270) to determine whether you are eligible for such accommodations. Academic accommodations will only be considered for students who have registered with the PASS Office. If you have a Letter of Accommodation for this course from the PASS Office, please provide me with that information privately so that you and I can review those accommodations.

Sensitive Materials:

Material in this course, in some instances, may be sensitive or emotionally provocative. As you review the syllabus, or at any time during the course, please let me know if you anticipate, or are having, a problem with any assignment or classroom activity. We can then discuss how this assignment or activity is necessary for meeting course competencies and whether an alternative assignment or activity can be considered. We can also discuss campus resources that you may find helpful in dealing with your concerns.

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Schedule of Assignments

(Read and complete all checked materials by the date indicated - note that all times are Eastern Standard Time.)

Week Date Assignment Topic

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9/8 Read “How to Read a Case” Read Bennett v. New Hampshire Board of Medicine Read letter of Dr. Smith to New Hampshire Board of

Medicine Read text chapter 2

I. INTRODUCTION TO LAW

9/10 Prepare Posting 1 by 9:00pm9/13 Complete Quiz 1 by 9:00pm

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9/15 Read text chapter 3 Read New York Times article on Dr. Alan Zarkin Watch IMDB trailer, “Switched at Birth”

II. TORTS

9/17 Prepare Posting 2 by 9:00pm9/20 Complete Quiz 2 by 9:00pm

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9/22 Attend class discussion Read text chapter 4 Read excerpt on Constitutional Law in Business Read Blue v. Koren

III. CONSTITUTIONAL & CRIMINAL ASPECTS OF HEALTH CARE

9/24 Prepare Posting 3 by 9:00pm9/27 Complete Quiz 3 by 9:00pm

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9/29 PART I OF YOUR PROJECT (PAPER) IS DUE BY 9:00 PM

Read text chapter 5 Read slides on Contract Requirements Read CNN article on Baby S Read Sample Known [Sperm] Donor Contract

IV. CONTRACTS & ANTITRUST LAW

10/1 Prepare Posting 4 by 9:00pm10/4 Complete Quiz 4 by 9:00pm

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10/6 Attend class discussion Read text chapter 6 Read sample medical malpractice complaint Read Answer of Charles S. F. II., MD. et al. Read Defendant Thomas Smith’s Motion for Partial

Summary Judgment on Plaintiffs’ Claim of Negligent Infliction of Emotional Distress

Read Defendants’ Thomas Smith’s M.D.’s and Generic ER Associates’ Memorandum of Law in Support of (6) Motions in Limine

V. CIVIL PROCEDURE

10/8 Prepare Posting 5 by 9:00pm10/11 Complete Quiz 5 by 9:00pm

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10/13 Read text chapter 7 Read excerpt on Forms of Doing Business Read posted Newsletters by John Cunningham, Esq.

VI. COPORATE STRUCTURE & LIABILITY

10/15 Prepare Posting 6 by 9:00pm10/18 Complete Quiz 6 by 9:00pm

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10/20 PART II OF YOUR PROJECT (PRESENTATION) IS DUE BY YOUR ASSIGNED DISCUSSION TIME

Read text chapters 11 & 13 Read Whalen v. Roe

VII. INFORMATION MANAGEMENT & LEGAL REPORTING REQUIREMENTS

10/22 Prepare Posting 7 by 9:00 pm10/25 Complete Quiz 7 by 9:00pm

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10/27 Read Huffington Post article on Dr. Pavel Yutsis Read text chapters 14 & 15 Read Johnson v. Kokemoor

VIII. PATIENT CONSENT & PATIENT RIGHTS/RESPONSIBILITIES

10/29 Prepare Posting 8 by 9:00pm11/1 Complete Quiz 8 by 9:00pm

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11/3 NO class discussion for this period, but see next week Read text chapters 19 & 24 Read RSA 519-C, New Hampshire’s Early Offer Law Read New Hampshire Bar News article, “Early Offer

Law is Good for New Hampshire Citizens” Read New Hampshire Bar News article, “New

Hampshire’s Early Offer Trap”

IX. PROFESSIONAL LIABILITY INSURANCE & TORT REFORM

11/5 Prepare Posting 9 by 9:00pm11/8 Complete Quiz 9 by 9:00pm

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11/10 ATTEND final class discussion Read text chapters 20-22 Read slides on Title VII of the 1964 Civil Rights Act Read Huffington Post piece on nurse Tonya Battle Read Complaint of Tonya Battle against Hurley Medical

Center and Mary Osika

X. EMPLOYMENT LAW

11/12 Prepare Posting 10 by 9:00pm11/15 Complete Quiz 10 by 9:00pm

11 11/16 The final exam will be available to you at 9:00am XI. COURSE CONCLUSION 11/23 FINAL EXAM DUE BY 9:00pm

______ Changes to the assignment schedule may be necessary during the semester. In fact, this course is specifically tailored to the progress of our particular class, so changes are likely. All changes will be announced in class and on Moodle. You are responsible for knowing what material will be covered each day and when assignments are due.

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