PHMS-635 Health Law and Ethics Syllabus_proposed Web viewL15 Interpersonal Understanding-15.4...

Health Law & Ethics PHMS-635

Course Data

Number: PHMS-635Title: Health Law and EthicsCredit-hours: 3Department: Health Management and Systems SciencesSchool/College: School of Public Health and Information SciencesType: Lecture Catalog Description

This course provides an overview of major contemporary legal and ethical issues related to administrative decision making in health care and population health.

Course Description

In today’s rapidly changing health environment health administrators confront a variety of legal and ethical challenges. This course provides an overview of major contemporary legal and ethical issues related to administrative decision making in health care and population health. The course is designed to form a foundation of knowledge and skills related to law and ethics to enable students to manage health entities in an era of change and to foster personal growth and promote ethical behavior within the organization and community. Legal and ethical issues discussed will include topics such as professional and institutional liability, health care organization structure and management, anti-trust, tax exemption, health care fraud, access and health reform, emergency care and preparedness, health information management, and medical decision making including issues related to reproductive health and end of life decisions.

Course Objectives

At the conclusion of the course students will be able to:

Demonstrate a basic understanding of the American legal system, legal process, and principles of legal analysis

Identify, analyze, apply, and evaluate the role of legal principles and legal analysis in health administration

Recognize ethical dilemmas in health administration and use ethical analysis and principles of general and professional ethics in health administration decision making and in the development of strategies to promote ethical behavior within an organization.

Develop strategies for and ways of communicating effectively with attorneys

Develop a critical awareness of one’s own ethical values and underlying ethicalConcepts

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Prerequisites

The course assumes a basic understanding of the United States Health Care System and the concepts presented in the first year of the MPH Population Health Management Program.

Course Instructors

Name Office Phone EmailMartha Jean Schecter, Course Director

[email protected]

The course instructor welcomes conversations with students outside of class. Students may correspond with instructor by email or set up appointments by contacting Martha Jean Schecter at [email protected]

Students should also contact Martha Jean Schecter with questions they might have regarding the mechanics or operation of the course.

How This Course Relates to the MHA Program Competency Model and Blooms Taxonomy. The MHA curriculum is linked to the National Center for Healthcare Leadership Competency model. The course is linked to the model and Blooms Taxonomy as follows (Blooms Taxonomy is in Parentheses):

Learning Objectives Competency AssessmentAll Objectives L6 Communication Skills- L6.1 Uses

Generally Accepted English Grammar Uses subject-verb agreement and parallel structure; Uses rules of punctuation and sentence and paragraph construction; Uses concise thematic construction

L6 Communication Skills- L6.2 Prepare Effective Written Business Cases or Presentations Uses accurate and complete presentation of facts; Uses logical presentation of arguments pro and con; Develops well-reasoned recommendations; Prepares concise executive summary

L6 Communication Skills- L6.3 Makes Persuasive Oral Presentations Uses clear and understandable voice

Class discussion, Case analyses, reflective papers, debate, working with attorneys exercise, ethics committee deliberation

Class discussion, Case analyses, reflective papers, debate, working with attorneys exercise, ethics committee deliberation

Class discussion, Case analyses, reflective papers,

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mailto:[email protected]

mailto:[email protected]


that is free of extraneous phrases (i.e, “uhm” and “you know”); Uses effective audiovisual media (presentation software, exhibits, etc.) Stays on the topic; Engages in on-defensive Q&A; Stays within time allotment

debate, working with attorneys exercise, ethics committee deliberation

Objectives 2, 3, and 4 L3 Analytical Thinking- L3.4 Develops Complex Plans or Analyses Identifies multiple elements of a problem and breaks down each of those elements in detail, showing casual relationships between them. Peels back multiple layers of a problem. Uses several analytical techniques to identify potential solutions and weigh the value of each

L11 Information Seeking- L11.3 Delves Deeper Asks a series of probing questions to get at the root of a situation, a problem, or a potential opportunity below service issues presented. Calls on others who are not personally involved to get their perspective, background information, experience, etc. Does not stop with the first answer. Finds out why something happened. Seeks comprehensive information including expecting complexity

L14 Innovative Thinking- L14.4 Clarifies Complex Ideas or Situations Makes complex ideas or situation clear, simple, and/or understandable (e.g. re-framing the problem, use of analogy) Assembles ideas, issues and observations into a clear and useful explanation; Restates existing observations or knowledge in a simpler fashion. Takes intricate data and puts it into lay terms: boils down “information

Class discussion, Case analyses, reflective papers, debate, ethics committee deliberation, working with attorneys exercise, Examination

Class Discussion, Case analyses, reflective papers, Debate, working with attorneys exercise, ethics committee deliberation

Class Discussion, case analyses, workingwith attorneys exercise, debate, ethical committee deliberation, reflective paper

1.Demonstrate a basic understanding of the American legal system, legal

L6 Communication Skills- L6.1 Uses Generally Accepted English Grammar outlined above

See above

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process, and principles of legal analysis ( Comprehension)

L6 Communication Skills- L6.2 Prepare Effective Written Business Cases or Presentations outlined above

L6 Communication Skills- L6.3 Makes Persuasive Oral Presentations outlined above

L24 Strategic Orientation- L24.1 Conducts Environmental Scanning Performs analyses that identify the competitive/market governmental and regulatory forces that currently and will shape the organization; identifies the strengths and challenges of the organization vis-vis the forces of today and into the future. Identifies the requires social and economic position of the organization in light of the environmental scan

See above

See above

Class Discussion, Case analyses, Working with Attorneys Exercise. Examination

2.Identify, analyze, apply, and evaluate the role of legal principles and legal analysis in health administration

(Comprehension, Application, Analysis, Synthesis, Evaluation)




L3 Analytical Thinking- L3.4 Develops Complex Plans or Analyses outlined above

L11 Information Seeking- L11.3 Delves Deeper outlined above

L14 Innovative Thinking- L14.4 Clarifies Complex Ideas or Situations outlined above

L24 Strategic Orientation- L24.3 Aligns Organization to Address Long

See above

See above

See above

See above

See above

See above

Class Discussion, Case analysis,

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–term Environment Understands forces that are shaping health over the next 5-10 years. Aligns strategy, structure or people with the long term environment. Develops a long term strategy to position the organization for success.

L16 Organizational Awareness- L16.1Uses Formal Structure Uses the formal structure or hierarchy of an organization to get things done. Understands chain of command, positional power, rules and regulations, policies and procedures

L18 Process Management and Organizational Design- L18.4 Understands the Basics of Organization Governance Understands governance practices including board relations, committee structure, ethics and clinical review responsibilities; Uses key governing and regulatory organizations such as state, county, and city governments. Uses organization governance to enhance quality, customer satisfaction and performance

L10 Impact and Influence- L10.4 Calculates Impact of Actions or Words Analyzes the needs, interests and expectations of key stakeholders. Anticipates the effect of an action or other detail on people’s image of the speaker. Prepares for others reactions. Tailors messages to interests and needs of an audience, aligns persuasion actions for targeted effects or impact, takes a well throughout dramatic or unusual action in order to have a specific impact

L7 Community Orientation- L7.5

working with attorneys, debate

Class discussion. Case analyses. Examination

Class Discussion. CaseAnalysis

Class Discussion. Case Analysis, Working with Attorneys, Debate

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Provides Services to the Community Takes deliberate action to support the local and regional community’s health values and needs; Initiates or develops a new service or array of services to address the specific needs of the population and how it wants to receive health, recognizing ethnic and cultural differences; Works with other regional health organization and constituencies to create a comprehensive and integrated health system to promote long-term wellness and serve community needs; Advocates for community health needs and priorities.

L7 Community Orientation- L7.6 Advocates for the broader Health Environment Engages in meaningful actions at the national level to move recognized priorities forward; Partners across health constituencies to create a coordinated and dynamic health system on a national basis that meets long-term health and wellness needs; Understands needs of health stakeholders nationallyand pushes their agenda forward

L4 Change Leadership- 4.2 Expresses Vision for Change Defines an explicit vision for Change (i.e. what should be different and how); Modifies or redefines a previous vision in specific terms; Outlines strategies for change

Class discussion. Case Analyses, Debate


Class Discussion. Case analyses, Reflective Paper

3.Recognize ethical dilemmas in health administration and use ethical analysis and principles of general and professional ethics in health administration decision making and in developing strategies to promote ethical



L6 Communication Skills- L6.3

See Above

See Above

See Above

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behavior within an organization

(comprehension, application, analysis)

Makes Persuasive Oral Presentations outlined above




L19 Professionalism- L19.4 Promotes Community Stewardship Develops professional roles/values compatible with improving population and individual health; commits to addressing the health and wellness needs of the total population, including adapting new approaches that address cultural attitudes about health. Ensures organizational stewardship and accountability for honesty and fair dealing with all constituencies

L1 Accountability- L1.5 Creates a Culture of Accountability Creates a culture of strong accountability throughout the organization. Holds others accountable for demanding high performance and enforcing consequences of non-[performance and taking action. Accepts responsibility for results of own work and that delegated to others

L15 Interpersonal Understanding-15.4 Displays Sensitivity to Cultural, Ethnic and Social Issues Is sensitive to the cultural, ethnic, and social backgrounds of individuals and groups; Understands their differences with an eye toward accommodating or

See above

See above

See above

Class Discussion, case analyses, debate, reflective paper

Class Discussion, Case Analyses, ethics committee deliberation, Reflective paper

Class discussion. Case Analyses, Debate, ethics committee deliberation

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appreciating them; Displays an in-depth understanding of the ongoing reasons for a person’s behavior or responses

L10 Impact and Influence- L10.4 Calculates Impact of Actions or Words Analyzes the needs, interests and expectations of key stakeholders. Anticipates the effect of an action or other detail on people’s image of the speaker. Prepares for others reactions. Tailors messages to interests and needs of an audience, aligns persuasion actions for targeted effects or impact, takes a well thought out dramatic or unusual action in order to have a specific impact

L16 Organizational Awareness- L16.4 Considers Priorities and Values of Multiple Constituencies Takes time to become familiar with the expectations, priorities and values of the many stakeholders (e.g. physicians, nurses, patients, staff, professionals families, community leaders. Uses this understanding to build coalitions and consensus around the organizations visions, priorities and national health and wellness agendas. Recognizes and/or uses ongoing power and political relationships within the constituencies(alliances, rivalries)with a clear sense of organizational impact

L4 Change Leadership- 4.2 Expresses Vision for Change Defines an explicit vision for Change (i.e. what should be different and how) Modifies or redefines a previous vision in specific terms. Outlines strategies for change

L5 Collaboration- L5.5 Builds Team Commitment Encourages or facilitates a beneficial resolution to conflict

Class Discussion, Case Analyses, Working with Attorneys, Debate

Class Discussion, Case analysis

Class Discussion, Case Analysis

Class Discussion, Case Analysis, Reflective paper

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L7 Community Orientation- L7.5 Provides Services to the Community Takes deliberate action to support the local and regional community’s health values and needs; Initiates or develops a new service or array of services to address the specific needs of the population and how it wants to receive health, recognizing ethnic and cultural differences; Works with other regional health organization and constituencies to create a comprehensive and integrated health system to promote long-term wellness and serve community needs; Advocates for community health needs and priorities.

L7 Community Orientation- L7.6 Advocates for the broader Health Environment Engages in meaningful actions at the national level to move recognized priorities forward; Partners across health constituencies to create a coordinated and dynamic health system on a national basis that meets long-term health and wellness needs; Understands needs of health stakeholders nationallyand pushes their agenda forward



4.Develop strategies for and ways of communicating effectively with attorneys(Comprehension, Application and Analysis)





L11 Information Seeking- L11.3

See above

See above

See above

See above

See above

See above

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Delves Deeper outlined above


L5 Collaboration- L5.3 Solicits Input Genuinely values others input and expertise; Actively seeks the input of others to increase the quality of solutions developed. Displays willingness to learn from others, including subordinates and peers. Solicits ideas and opinions to help form specific decisions or plans. Works to create common mindset

L10 Impact and Influence- L10.4 Calculates Impact of Actions or Words Analyzes the needs, interests and expectations of key stakeholders. Anticipates the effect of an action or other detail on people’s image of the speaker. Prepares for others reactions. Tailors messages to interests and needs of an audience, aligns persuasion actions for targeted effects or impact, takes a well thought out dramatic or unusual action in order to have a specific impact

See above

Working with Attorneys Exercise

Working with Attorneys Exercise

5.Develop a critical awareness of one’s own ethical values and underlying ethical concepts

(Comprehension, Application)





See above

See above

See above

See above

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L23 Self-Development- L23.2 Improves Own Performance Reflects on own performance; Learns from less successful step

L22 Self-Confidence- L22.2 Acts Confidently at the Limits or Slightly Beyond the Limits of Job or Role Makes decisions without asking others. Makes decisions even when others disagree. Acts outside formal role or authority. Acts in uncertain circumstances

Ethical Self-AssessmentReflective Paper

Ethical Self-AssessmentReflective Paper

Course Topics and Schedule

IMPORTANT NOTE: The schedule and topics may change as the course unfolds. Changes are posted on Blackboard.

Week

Topic Assignment

Week 1

Introduction to the American Legal System and Legal Reasoning(Lecture, Discussion)Sources of Law, Federalism, Separation Powers,Terminology,Civil Procedure. Administrative Agencies and procedure

Introduction to Ethical decision Making in the Health ManagementContext. (Lecture, Discussion, Ethics Self Assessment)

Pozgar 15-28,147-164,174-179 Kerr OS How to Read a Legal Opinion 11 Green Bag 51-63 (2007) Handout: How to Read Statutes and Regulations

Pozgar Chapter 2 Professional Ethics: ACHE Code of Ethics;GMA-ACMPE Code of Ethics ACHE Code of Ethics Policy Statement #11 “Medical Ethical Decisions” Health Care Executive July/Aug 2015p:45 “Strengthening Ethical Decision making” Complete Ethical Self Assessment https://www.ache.org/abt_ache/YourCareer_CEO_Sp05.pdf

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https://www.ache.org/abt_ache/YourCareer_CEO_Sp05.pdf


Distinguishing law and ethics. Principles of Medical decision making and Organizational ethics

Week 2

Introduction: Health Reform and Access to Care.( Case Study with Legal and Ethical Analysis. Team Presentation)

Liability Overview : Contracts and Intentional torts as bases for liability. ( Lecture, Discussion) Elements of a contract. Physician-Patient Relations. Liability for breach of contract breach of warranty, Intentional Torts, Strict Liability and Products Liability.

Pozgar 528-531Kaiser Foundation:Health reformhttp://kff.org/health-reform/(check Particularly consumer resources) Case Study: National Federation of Independent Business v. Sebelius

Pozgar 126-128,142-144,82-96 Harvey v. Strickland 566 S.E.2d 529 (2002)

Week 3

Liability Overview: Negligence and Medical Malpractice. (Lecture. Discussion): Basic Elements:

Pozgar Chapter 4, Chapter 25, 226-257, 164-169,352-355 “Disclosing Harmful Medical Error to Patients”356 NEJM 2713 (2007) Hastings Center Report Medical Error and Malpractice http://www.thehastingscenter.org/Issues/Default.aspx?v=250

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http://www.thehastingscenter.org/Issues/Default.aspx?v=250


Duty, Breach of Duty, Causation, Injury and Damages. Tort Reform. Legal and Ethical Issues surrounding Risk Management

Liability Overview: .Negligence and Medical Malpractice. (Case Study with Legal and EthicalAnalysis. Team Presentation)

Thompson v. Baylor University Medical Center 1995WL81321

Week 4

The Business of Health I: Structure and Management of the Health Care Organization. (Lecture and Discussion): Forms of Business Organizations; Nature ofCorporations; Responsibilities of Governing boards and Officers; Sarbanes Oxley Ethics of Management.Multi-Institutional systems and Corporate reorganization. Alternate Corporate Strategies,

Pozgar 183-190,219,531-542 42 CFR 425 Medicare Shared Savings Plan “ Why ACOs are not 1990 Managed Care”307 JAMA 2263 Volume 15 AMA Journal of Ethics (February 2013) (skim articles. Read M. Camp,” Ethics and the Accountable Care Organization” http://journalofethics.ama-assn.org/2013/02/toc-1302.html Kosair’s Children’s Hospital: Is Norton v. U of L having an Impact Insider Louisville June 2014 http://insiderlouisville.com/business/kosair-childrens-hospital-norton-v-u-l-impact/

Radiation Therapy Oncology v. Providence Hospital S. Ct. Alabama 2006 http://caselaw.findlaw.com/al-supreme-court/1105368.htmlIn the Matter of Manhattan Eye, Ear and Throat Hospital v. Spitzer 715 NYS 2d 575 (NY Supp Ct 1999)

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http://caselaw.findlaw.com/al-supreme-court/1105368.html

http://insiderlouisville.com/business/kosair-childrens-hospital-norton-v-u-l-impact/

http://journalofethics.ama-assn.org/2013/02/toc-1302.html


ACO, CON

The Business of Health I: Structure and Management:( Case Studies with Legal and Ethical Analysis. Team Presentation

Week 5

The Business of Health I: Institutional Liability (Lecture and Discussion): Theories of liability (respondeat superior, agency and apparent agency, corporate liability. Managed Care Organizations and ERISA

The Business of Health I: Institutional Liability( Case Studies with Legal and Ethical Analysis. Team Presentation)

Pozgar pages 128-129, 190-212, 453-469, 583-542Harvey HB and Cohen IF “The Looking Threat of Liability for Accountable Care Organization and What to do about It 310 JAMA pp:141-142 ( 2013.) Optional: McCoy et al “Is Ethics for Sale: Juggling Law and Ethics in Managed Care” 8 DePaul Journal of Health Care Law 558 (Spring 2005) http://via.library.depaul.edu/cgi/viewcontent.cgi?article=1169&context=jhcl

Darling v. Charleston Community Memorial Hospital 211 NE2d 253 (Ill 1966) Pagarian v. Aetna US Healthcare of California 2005 WL 2742807 (Cal. Ct. Of Appeals

Week 6

Credentialing , Licensure, and Accreditation (Lecture and Discussion) Oversight of Medical Staff and peer review

Pozgar pages 194-200, 202-213, 352-356, 549 42 CFR 482subparts A,B, and C 902 KAR Chapter 20 (skim) HQIA 42 USC 11101-11151 (skim) Azmat v. Shalala 186 F.Supp 744(W.D. Ky 2001)Watson v. Ky Board of Nursing 37 SW 3d 788

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http://via.library.depaul.edu/cgi/viewcontent.cgi?article=1169&context=jhcl


including Organization and appointment, due process, equal protection and peer review.Licensing and Administrative oversight

Class Exercise: Working with Attorneys: Preparing to defend and Prevent a Medical Malpractice Claim

Review and prepare simulation exercise (instructor handout TAKE HOME MIDTERM EXERCISE WILL BE PROVIDED AT THE END OF THIS SESSION

Week 7

MID TERM DUEMid Term Review and Reflections

The Business of Health II: Competition and Compliance. Competition and Anti-Trust: (Lecture and Discussion) The Sherman Act, The Clayton Act. FTC. Jurisdiction ,exemption and immunity, sanctions and enforcement, rule of reason analysis and per se violations

Complete midterm take home exercise provided at the end of Week 6

Pozgar pp: 136-140,540-541 Singer, “Anti-Trust Implications of the Affordable Care Act”, 6 Journal Of Health and Life Sciences Law 57Optional Havighurst Antitrust Enforcement in the Medical ServicesIndustry: What does it all mean? 58 Milbank Memorial FundQuarterly 89 (Dec 2005)

WThe Business of

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eek 8

Week 9

Health II:Competition and Anti-Trust (Case Study with Legal and Ethical Analysis. Team Presentation)

The Business of Health II. Fraud Laws and Corporate Compliance (Lecture and Discussion) False Claims. Anti-Kickback Statute. Stark Self-Referral Law, Foreign Corrupt Practice Act. Corporate Compliance

The Business of health II.Fraud Laws and Corporate Compliance (Case Study with Legal And Ethical Analysis. Team Presentation)

The Business of Health II. Tax Exemption (Lecture and Discussion): The Non-Profit organization Organization. Federal and Local Tax Exemptions for Not for Profit Organizations. Tax exemption

Saint Alphonsus Medical Center v. Saint Lukes Health System , 778 F. 3d 775 (9th Circuit 2015)

Pozgar 103-109 OIG Advisory Opinion 12-06 Humana Compliance and Fraud Prevention Guidehttp://www.humana-military.com/library/pdf/compliance-fraud-prevention-guide.pdf

U.S. ex rel Drakeford v. Toumey 792 F.3d. 364 (4th Cir.2015) Optional: U.S. v. Raithatha 385 F3d 1013 (6th Cir.2004

Pozgar 213-218Studdert et all, “Regulatory and Judicial Oversight of Nonprofit hospitals 356 NEJM 625-631(2007) https://cdn1.sph.harvard.edu/wp-content/uploads/sites/487/2012/10/Charity_Care_PDF.pdf New Requirements for 501C(3) Hospital Organizations Under the ACA https://www.irs.gov/Charities-&-Non-Profits/Charitable-Organizations/New-Requirements-for-501%28c%29%283%29-Hospitals-Under-the-Affordable-Care-ActRosenbaum, “Hospitals as Community Hubs” 5 Economic Studies atthe Brookings (March 2016) http://www.brookings.edu/~/media/research/files/papers/2016/03/09-hospitals-as-community-hubs-rosenbaum/rosenbaum-pdf-layout-final.pdf

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in a Competitive Health Care Market

Week 10

The Business of Health II.Tax Exemption(Case Study with Legal and Ethical Analysis. Team Presentation)

Clinical Care: Emergency Care, EMTALA. (Lecture and Discussion) Common law related to emergency care. Good Samaritan Statutes. EMTALA and access to care for vulnerable populations

Provena Covenant Medical Center v. Department of Revenue

Pozgar pp 168-169, 292-301, 453-469Aacharya et al. “Emergency Department Triage:An Ethical Analysis” 11 MMC Emergency Medicine16 (2011)011http://bmcemergmed.biomedcentral.com/articles/10.1186/1471-227X-11-16 Thomas v. St. Joseph’s Healthcare 335 SW2d 460(2011) Optional Moses v.Providence Hospital 07-2111 (6th Cir. 2009

Week 11

Clinical Care: Health Information Management: (Lecture . Case Study With Legal and Ethical Analysis)Privacy/HIPAA. Form andcontent of Medical Records. The right to privacy. HIPAA and HITECH

Pozgar pp: 359-380,345-358 HIPAAAhttp://www.hhs.gov/hipaa/ Caldwell v. Chauvin _SW3d_ (2015) KRS 209,620,902 Tarasoff v. Board of Regents Optional: Annas, Doctors, Drugs and Driving –Tort Liability For Patient Caused Accidents 359 NEJM521-525 (2008)

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Legal Requirements. Exceptions. The use of health Records in legal proceedings

Clinical Care: Decisionmaking:Informed Consent . Patients Rights(Lecture. Discussion) Types of Consent. Elements of Informed Consent. Minors and Incompetent Adults. Role of Institution

Pozgar Chapter 13, 445-446, Chapter 19KRS 304.40Sargeant v Shaffer sc-00011 (Ky S.Ct. 2015) KRS 214.185Optional Denise Niemera, “Ethical Conflicts in Rural Communities:Shared Decision making “ in Nelson, Handbook forRural Health Care Ethics Dartmouth College Presshttps://geiselmed.dartmouth.edu/cfm/resources/ethics/chapter-08.pdf

Week 12

Clinical Care: Reproduction and Birth (Lecture, Class Debate) Sterilization,Wrongful birth and wrongful life. Abortion. ChildBirth Options .Conscientious objection. Institutional Role in Reproductive Issues

Clinical Care: Decision-making at the End of Life: (Lecture. Discussion)

Pozgar Chapter 16 Whole Women’s Health v. Hellerstedt (S Ct. Feb 2016) Burwell v. Hobby Lobby Stores 134 S.Ct. 2751 (Full opinion of above cases optional.Syllabi acceptable) Access to Fertility Services for Transgendered Persons: An Ethics Committee Opinion(American Society of Reproductive Medicine https://www.asrm.org/uploadedFiles/ASRM_Content/News_and_Publications/Ethics_Committee_Reports_and_Statements/Access_to_care_for_transgender_persons.pdf Debate: Topic TBA (May focus on Ethical Responsibility of Health Care institutions with respect to honoring patient’s Decisions regarding reproductive choice )

Pozgar Chapter 18 DK Movant v. Commonwealth Cabinet of Health and Family Services 221 SW3d 382 Read Belkin :First Do No Harm

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Ethics Committees. Patient Determination Act. DNR .Withholding Treatment. Patient Assisted Suicide. Futility

Week 13

Clinical Care: Ethics Committee Deliberation

Study Session for Final Exercise

Complete Reading of Belkin. Prepare brief (no more than5 pages) report to be submitted to team members and the Instructor before in class, in preparation for deliberation

Prepare for Final ExaminationExercise. Work on Reflective Paper

Week 14

FINAL EXAMINATION EXERCISE

Review of Final ExerciseCourse Wrap UpREFLECTIVE PAPER DUE FIRST DAY OF EXAM WEEK

Course Materials

Blackboard

The primary mechanism for communication in this course, other than class meetings, is UofL’s Blackboard system at http://ulink.louisville.edu/ or http://blackboard.louisville.edu/. Instructors use Blackboard to make assignments, provide materials, communicate changes or additions to the course materials or course schedule, and to communicate with students other aspects of the course. It is imperative that students familiarize themselves with Blackboard, check Blackboard frequently for possible announcements, and make sure that their e-mail account in Blackboard is correct, active, and checked frequently.

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http://blackboard.louisville.edu/

http://ulink.louisville.edu/


Required Texts

The required text for this course in Pozgar Legal Aspects of Health Care Administration 12th edition. For the ethics committee deliberation students will be required to read First Do No Harm by Lisa Belkin

Other Required Reading

The text is supplemented by additional required reading of cases and articles as indicated the syllabus and as may be assigned by the instructor during the course.. Each student is expected to read the required materials and come to class prepared. At times there will be discussion of sensitive and controversial issues. Please be respectful of the opinions of others and engage in debate which is civil and constructive. Throughout the course students will be expected to follow current events relevant to the course material in the media

Additional Suggested Reading

Optional reading for select class sessions is indicated in the syllabus. The instructor will also provide a bibliography of suggested reading for supplemental and continuing learning at the beginning of the course. Students are encouraged to visit the Jefferson County Court House and view a judicial proceeding. Extra credit will be provided for students who provide a brief reflective report of their court observations. For extra credit students may also prepare and submit a brief reflective report of a reading from the suggested reading list and a reflective journal of relevant current events followed during the course .

Prepared Materials Used by Instructors

Materials used by instructors in class are available to students via Blackboard no later than 24 hours following the class. These may include outlines, citations, slide presentations, and other materials. There is no assurance that the materials include everything discussed in the class.

Other Materials

None.

Course Policies

Attendance and Class Participation

Attendance at all class sessions is strongly encouraged. Students are advised that much of the course content is not in texts or literature. Concepts will be interactively discussed and developed during class time. As such, active class participation is expected.

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Student Evaluation

The components of Student Evaluation are as follows:

1. Attendance and Class Participation. (10%) Students are expected to come to class prepared and to participate in class discussion and exercises. Students should notify the instructor if they will be absent. Students who do not attend class without excuse are not participating.

2. Team Presentations (Legal and Ethical Case Analyses) (25%). Participation of all students is encouraged each week. To facilitate discussion and encourage team work, the instructor will designate one team of students on a rotating basis to “present the case”. Teams presenting the case for the designated session will be expected to 1. Read the case closely 2. Prepare a brief written analysis of the case for submission to instructor and to guide discussion. The analysis of the legal issues should s following the format of the legal case brief provided at the beginning of the course . The analysis should also identify the ethical dilemmas presented for the administrative decision maker and raise at least three questions for class discussion.. 3. Present and lead the class discussion. Discussion should focus on understanding not only the issues but also on the relevance of the case for decision making in the context of health administration. More explicit instructions for the team presentation will be provided.

3. In Class Participatory Exercises (15%) (Working with Attorneys, Debate, Ethics Committee Deliberation)These three exercises are designed to provide alternate ways to engage the material. The Ethics Committee deliberation and Working with Attorneys will involve simulations of a hospital ethics committee deliberation and hospital administrator/in house counsel consultation.

4. Mid Term Examination. (15%) (Objective. Take Home )

5. Final Examination . (15%) (Objective In Class)

6. Reflective Paper (20%) (No page limit is set for the Reflective Paper). The paper must be long enough for complete discussion. A paper less than 5 pages is generally too short.

GradingThe components of student evaluation are weighted as follows:

1. Class Participation 10%2 Team Presentation Case Analyses 25%3. In-Class Participatory Exercises 15%4. Mid-term Exercise 15% 5. Final Examination 15%6. Reflective Paper 20%

The course and components will be graded with the +/- letter grades A, B, C, D and F in accordance with the university-wide grading policy. However, students in the program are expected to perform at or above a C level. Performance below that level will require students to repeat the course.

A+ 97-100%

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A 93-96%A- 90-92%B+ 87-89%B 83-86%B- 82-80%C+ 77-79%C 73-76%C- 72-70%D+ 67-69%D 63-66%D- 62-60F < 60%

Grade Item A Criterion B Criterion C Criterion F CriterionClass Participation 10%

Attends regularly. Demonstrates outstanding preparation. Asks advanced questions to promote analysis. Integrates new knowledge and information. Stimulates others to participate

Attends regularly. Demonstrates satisfactory preparation for class. Asks good questions.

Attends regularly. Preparation is minimal but adequate. Contribution minimal and often non-responsive

Consistently absent .Does not participate in discussion in anymeaningful way

Team Presentation Case Analyses 25%

Superior Presentation. Clearly identifies relevant facts and significant legal and ethical issues. Provides complete, well developed analysis that demonstrates mastery of content and discusses significance of relevant principles of law and ethics for administrative decision making. Persuasive Analysis, well supported with evidence and example. Recognizes, acknowledges, respects and seriously engages alternate points of view. Understands and responds to audience. Provides original insight. Raises questions that

SolidPresentation. Identifies most relevant facts and significant legal and ethical issues. Provides analysis that demonstrates good grasp of course content, discusses significance of relevant principles of law and ethics for administrative decision making with some example and illustration. Recognizes alternate points of view. Raises relevant questions.Oral and written Expression generally clear, well organized, and grammatical. Tone consistent and attentive to

Adequate PresentationRecognizes some relevant facts and legal and ethical issues , but many are missing . Analysis demonstrates minimally adequate grasp of content. Generally cursory discussion . Argument usually not fully developed or supported with example and illustration.. Several, if not the majority, of questions are irrelevant or off point. Oral and written expression lacks clarity and needs significant attention to organization,

Presentation not timely without adequate excuse. Presentation demonstrates no effort or comprehension of the material or assignment

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stimulate deeper analysis. Presents complex ideas simply without sacrificing appreciation for complexity and nuance. Oral and written expression is clear, logical , well organized, and grammatical. Tone consistent and attentive to impact.

impact grammar, word choice, and tone. Minimal or no recognition of opposing points of view

In Class Participatory Exercises 15%

SuperiorParticipation. Outstanding, well organized preparation. Shows strong engagement with and mastery of the substantive issues Shows depth analysis and understanding of the problems involved .Asks probing questions. Oral and Written Expression is organized, clear and grammatical. Tone consistent and attentive to impact. Argument well supported,clarifies complex ideas, and demonstrates appreciation for ways in which both words and action can impact others. Identifies interests of others and effectively and sensitively engages others in discussion. Respects and learns from other points of view.

Solid ParticipationGood, organized preparation. Shows engagement with and solid mastery of the substantive issues . Reasonably sophisticated analysis of the problems involved. Asks meaningful questions. Oral and written Expression is clear and grammatical. .Tone generally attentive impact. Argument reasonably developed, supported with example and illustration, and demonstrates general understanding of the way inwhich words and action impact others.Recognizes the interests of others and makes reasonable effort to engage others in discussion. Respects and

Adequate ParticipationPreparation is adequate but incomplete. Shows engagement and minimum mastery of the substantive issues. Weak analysis of the problem. Questions are raised but not always relevant. Expression lacks clarity. Demonstrates minimum understanding of the way in which words and action impact others. Makes some effort to identify the interests of others, engage others in discussion, and respect and learn from other points of view

Did not participate in exercise without excuse. Participated but demonstrated no comprehension of the issues and no meaningful effort to engage

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learns from other points of view.

Mid term Examination 15%

Outstanding comprehension of the material presented (a score of 90% or above)

SolidComprehension of the material presented (a score of 80% or above)

AdequateComprehension of the material presented ( a score of 70% or above

Inadequate ComprehensionOf the material presented (a score below 70%)

Final Examination 15%

Same as mid-term Same as midterm Same for midterm Same as midterm

Reflective Papers 20%

Well written paper, well organized, clearly articulated, and grammatical. In depth synthesis, ,analysis and evaluation of select aspects of ideas or issues from the class assignments and discussion. Integrates concepts thoughtfully and effectively with past experience. Thoughtful, open, and non-defensive self appraisal of the learning experience,discussing both growth and frustrations related to understanding not only the materials but also to self-understanding and ethical consciousness . Raises probing questions

Generally well written paper. Thoughtful analysis of select aspects of ideas or issues from class assignments and discussion Makes clear connections between learning and past experience. Open but somewhat less thorough and probing examination and appraisal of the learning experience. Raises thoughtful, relevant questions

Written expression is adequate but needs strengthening. Synthesizes aspects of some ideas from class discussion and assignments and makes general connections between learning an past experience. Some what cautious and more superficial examination and appraisal of the experience. Some questioning but questions are also more general and superficial and are not always relevant.

Did not complete paper in a timely fashion without excuse. Paper, if submitted in a timely fashion, shows no comprehension of material or assignment

Other Policies

Expected Student Effort Out of Class

Students are expected to spend an average at least 2-1/2 hours per week per credit hour on the course exclusive of class time. This time includes but is not limited to reading, research, preparations for class, team or group meetings (electronic or otherwise), and course deliverables.

Syllabus Revision

The course director reserves the right to modify any portion of this syllabus. A best effort is made to provide an opportunity for students to comment on a proposed change before the change takes place.

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Inclement Weather

This course adheres to the University’s policy and decisions regarding cancellation or delayed class schedules. Adjustments are made to the class schedule as necessary to take into account any delays or cancellations of this class. Local television and radio stations broadcast University delays or closings. The UofL web site (www.louisville.edu) and telephone information line (502-852-5555) also broadcast delays or closings.

Grievances

A student who has grievances regarding the course should seek to have the matter resolved through informal discussion and through administrative channels, such as the course director, chair of the course’s department, associate dean for student affairs, and university grievance officer. If the issue remains unresolved, the student may file a formal grievance. More information is located at Summary of SPHIS Student Academic Grievance Procedure in Student Academic Grievance Committee (https://sharepoint.louisville.edu/sites/sphis/cbg/sagc/).

Disabilities

In accordance with the Americans with Disabilities Act, students with bona fide disabilities are afforded reasonable accommodation. The Disability Resource Center certifies a disability and advises faculty members of reasonable accommodations. More information is located at http://louisville.edu/disability.

Academic Honesty

Students are required to comply with the academic honesty policies of the university and School of Public Health and Information Sciences. These policies prohibit plagiarism, cheating, and other violations of academic honesty. More information is located at https://sharepoint.louisville.edu/sites/sphis/policies.

Course instructors use a range of strategies (including plagiarism-prevention software provided by the university) to compare student works with private and public information resources in order to identify possible plagiarism and academic dishonesty. Comparisons of student works require students to submit electronic copies of their final works to the plagiarism-prevention service. The service delivers the works to instructors along with originality reports detailing the presence or lack of possible problems. The service retains copies of final works and may request students’ permission to share copies with other universities for the sole and limited purpose of plagiarism prevention and detection.

In addition instructors provide the opportunity for students to submit preliminary drafts of their works to the service to receive reports of possible problems. Such reports are available only to the submitting student. Copies of preliminary drafts are not retained by the service.

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https://sharepoint.louisville.edu/sites/sphis/policies

http://louisville.edu/disability

https://sharepoint.louisville.edu/sites/sphis/cbg/sagc



https://sharepoint.louisville.edu/sites/sphis/cbg/sagc/Shared%20Documents/SAGC%20Procedures%20Summary.pdf

http://www.louisville.edu/


Title IX/Clery Act Notification

Sexual misconduct (including sexual harassment, sexual assault, and any other nonconsensual behavior of a sexual nature) and sex discrimination violate University policies. Students experiencing such behavior may obtain confidential support from the PEACC Program (852-2663), Counseling Center (852-6585), and Campus Health Services (852-6479). To report sexual misconduct or sex discrimination, contact the Dean of Students (852-5787) or University of Louisville Police (852-6111).

Disclosure to University faculty or instructors of sexual misconduct, domestic violence, dating violence, or sex discrimination occurring on campus, in a University-sponsored program, or involving a campus visitor or University student or employee (whether current or former) is not confidential under Title IX. Faculty and instructors must forward such reports, including names and circumstances, to the University’s Title IX officer.

For more information, see the Sexual Misconduct Resource Guide.

Continuity of Instruction Plan

A plan for continuity of instruction for this course has been developed and published. All plans are available at https://sharepoint.louisville.edu/sites/sphis/do/aa/coip. Continuity of instruction plans provide guidance for how instruction may be modified to lessen disruption by events that affect transportation, communication, or personal interaction. Such events may be weather-related (e.g., floods, blizzards, tornados), health-related (e.g., epidemics), or other widespread occurrences or threats.

Additional Policy Information

Additional policy information is available in the following:SPHIS Catalog (https://sharepoint.louisville.edu/sites/sphis/do/aa)SPHIS Policies and Procedures (https://sharepoint.louisville.edu/sites/sphis/policies)UofL Graduate Catalog (http://louisville.edu/graduatecatalog)

v2016.06.06

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http://louisville.edu/graduatecatalog

https://sharepoint.louisville.edu/sites/sphis/policies

https://sharepoint.louisville.edu/sites/sphis/do/aa

https://sharepoint.louisville.edu/sites/sphis/do/aa/coip

http://louisville.edu/hr/employeerelations/sexual-misconduct-brochure


Version 2016.06.06

Course HistoryVersion Submitted Approved Change Summary Author(s)

2016.06.06 7/11/16 <date> Initial version Approved by AA/CC ______________ Approved by Faculty Forum __________ Approved by Provost’s Office ____________

Martha Jean Schecter

<ver#>[-<rev#>]

<date> <date> {<change>}

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