MVV206K United States Health Law Issues

Faculty of Law
Autumn 2016
Extent and Intensity
0/1/0. 5 credit(s). Type of Completion: k (colloquium).
Teacher(s)
Steven A. Michalek (seminar tutor), prof. JUDr. Ing. Michal Radvan, Ph.D. (deputy)
Guaranteed by
prof. JUDr. Ing. Michal Radvan, Ph.D.
Faculty of Law
Contact Person: Mgr. Věra Redrupová, B.A.
Supplier department: Faculty of Law
Timetable of Seminar Groups
MVV206K/01: Tue 15. 11. 8:00–9:30 025, Wed 16. 11. 8:00–9:30 025, 13:30–15:00 025, Mon 21. 11. 15:05–16:35 025, 16:40–18:10 025, 18:15–19:45 025, Tue 22. 11. 16:40–18:10 025, 18:15–19:45 025
Course Enrolment Limitations
The course is only offered to the students of the study fields the course is directly associated with.

The capacity limit for the course is 30 student(s).
Current registration and enrolment status: enrolled: 0/30, only registered: 0/30
fields of study / plans the course is directly associated with
there are 33 fields of study the course is directly associated with, display
Course objectives
At the end of the course students should be able to:
1. Understand and explain the American Health Law system;
2. Have a working knowledge of the types of legal claims that can be asserted against health care providers in the United States;
3. Make reasoned decisions about the viability of certain types of medical malpractice claims;
4. Determine the significance of medical records in health are litigation;
5. Recognize the legal exposure created by a health care providers’ use of electronic forms of communictaion and social media.
Syllabus
  • I. Overview of the American Legal System
  • A. Federal Government- Separation of Powers
  • B. Executive Branch, Legislative Branch, Judicial Branch of Federal Governme
  • C. Federal Court System
  • D. State Government- Separation of Powers
  • E. Executive Branch, Legislative Branch, Judicial Branch of state governments
  • F. State Court System- Colorado
  • II. Overview of the American Health Care System
  • A. Private Health Care
  • 1. Health Care Systems- HCA, CHI, Banner, Kaiser, ect.
  • 2. Health Care Providers-Individual clinics, doctors, ect.
  • B. Public Health Care
  • 1. Health Care Systems- VA, University Systems, State and Local Government Systems, Community Health Centers, Indian Health Services
  • C. Payment for Health Care Services
  • 1. Private Health Insurance- Employer paid or private paid- Cigna, Blue Cross, United, Kaiser, ect.
  • 2. Public Health Insurance- Medicare, Medicaid, Tricare, VA Benefits
  • 3. Individual payors
  • 4. Uninsured
  • D. The Affordable Care Act (ObamaCare)
  • 1. Individual mandate
  • 2. Essential Health Benefits
  • 3. Qualified Health Plans
  • 4. Health Insurance Exchanges (Marketplaces)
  • a. Individuals (Individual Exchange
  • b. Small employers (SHOP EXCH)
  • 5. Medicare reform
  • 6. Expansion of Medicaid
  • III. Legal Claims related Medical Care- Civil Malpractice
  • A. Federal claims
  • Federal Health Centers, VA, other federal government entities
  • 2. HIPAA, EMTLA, ADA, other federal laws
  • B. State Law Claims
  • 1. Almost all malpractice claims are state law claims
  • 2. Based upon state law governing medical care
  • C. State Laws governing malpractice claims
  • 1. Colorado- Health Care Availability Act
  • 2. Time to bring Claim- SOL/SOR
  • 3. Certificate of Review
  • 4. Negligence, Lack of Informed Consent, Battery claims
  • 5. Comparative Negligence
  • 6. Non-parties at Fault
  • 7. Corporate Liability- Hospital
  • 8. Negligent Credentialing Claims
  • 9. Captain of the Ship
  • 10. Corporate Liability-Clinics
  • 11. Damage Caps
  • 12. Punitive Damages
  • 13. CCPA Claims
  • 14. Arbitration
  • 15. Trials
  • 16. Appeals
  • 17. Judgments and Costs
  • D. Criminal Legal Proceedings
  • E. State Licensing Board Procedures and Legal Actions
  • IV. Specifics of a Medical Malpractice Claim
  • A. Elements of Poof needed:
  • 1. Negligence
  • 2. Causation
  • 3. Damages
  • B. Common Theories of Liability
  • C. Problem Issues in Malpractice Cases
  • D. Case Process Issues
  • E. Outcome Issues
  • V. Medical Records in Litigation
  • A. What is the Medical Record
  • B. Who owns the Medical Record
  • C. Legal issues related to the Medical Record
  • D. Production of the Medical Record
  • E. Use of the Medical Record in Litigation
  • F. Health Care Providers Involvement in Litigation when not a Party to the Case
  • G. Testimony from Health Care Providers in Legal Cases
  • H. Significance of Medical Record in Malpractice Cases
  • I. Issues related to Electronic Medical Records
Literature
  • The reading material will include Portions of the Affordable Care Act, the Health Insurance Portablity and Accountabilty Act, Colorado Health Care Availablity Act, and cases interpreting those laws.
Teaching methods
The course will be taught with lectures and class discussions.
Assessment methods
A written question and answer format will be used for the assessment.
Language of instruction
English
Further Comments
Study Materials
The course is taught only once.
  • Enrolment Statistics (recent)
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