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Health Care Law
University of Baltimore School of Law
Vasbinder, Marie

Health Care Law LAW 725
(511)
Marie Vasbinder
Fall 2016
REQUIRED TEXT: Barry R. Furrow, et al, Health Law; Cases, Materials, and Problems (7th ed. 2013)
 
HEALTH CARE LAW OUTLINE
 
8/23/16
COST, QUALITY, ACCESS, AND CHOICE (pp 1‐8; 9‐12; 15‐26)
 
Spreading the risks of illness (p. 3)
The role of insurance
What counts as a health care cost? (p. 6)
Regulation or Competition (p. 9)
What is Illness? (p. 15)
Katskee v. BC/BS of Nebraska, 245 Neb. 808 (1994), p. 17
 
FROM DEFINING QUALITY TO REGULATING PATIENT SAFETY (pp 27‐35; 36‐42
 
Nature of Quality in Medicine (p. 27)
Medical Practice Variation (p. 29)
Quality and the Patient Protection and Affordable Care Act of 2010 (p. 32)
Evidence-Based Medicine (EBM) and Comparativeness Research (CER), p. 36
The problem of medical error (p. 39)
Adverse events: definition and scope (p. 39)
The extent of Medical Misadventures (p. 40)
Risk factors
The nature of adverse events
Litigation data
 
THE PATIENT SAFETY MOVEMENT (pp 43‐54)
Why is the error rate in the practice of medicine so high? (p. 43)
The medical approach to error prevention (p. 45)
Prevention of accidents (p. 46)
The Aviation Model (p. 47)
The Medical Model (p. 48)
Systems changes to reduce hospital injuries (p. 49)
Discovery of errors (p. 50)
Prevention of errors (p. 50)
Absorption of Errors (p. 51)
Psychological Precursors (p. 51)
Institutionalization of Safety (p. 51)
Building a safer health system (p. 52)
 
 
 
REGULATING TO REDUCE MEDICAL ADVERSE EVENTS (pp 56‐58; 61‐66)
 
Patient safety and the Affordable Care Act (p. 56)
Error Tracking and System Improvements (p. 57)
Federal Reimbursement Strategies (p. 61)
Federal Adoption of “Hospital-Acquired Conditions” – Reimbursement Penalties (p. 61)
Federal Quality Incentive Strategies (p. 62)
Disclosure of Errors to Patients (p. 63)
Clinical disclosure of adverse events (p. 63)
Institutional disclosure of adverse events (p. 63)
Adverse events that warrant disclosure (p. 63)
Communicating adverse events (p. 65)
Institutional disclosure of adverse events (p. 65)
 
POPULATION HEALTH & PUBLIC HEALTH (pp 70‐73)
 
Life expectancy in U.S. increased by 30 years
Attributable to individualized health care (5 years of 30)
General public health interventions – protecting public as a whole (25 of 30) (p. 70-71)
Government intervention – ACA moves system towards a greater concern for population health
Obesity as a public health problem
What makes an “issue” a “public health” issue?
 
THE CONSTITUTIONAL FOUNDATION OF PUBLIC HEALTH LAW (pp. 74-78)
Jacobson v Massachusetts, 197 U.S. 11 (1905), p. 74-78
 
 
QUALITY CONTROL REGULATION:  LICENSING HEALTH CARE PROFESSIONALS (pp 87‐98; Note pp101‐103; 104‐111 (incl. notes); 113‐121; 123 ‐131 (incl notes)
 
Structure of the Licensure System – component of the quality control (p. 87)
Professional self-regulation (p. 87)
Federal overlay (p. 87)
Quality, access, cost, and choice (p. 88)
Pressure for change in Licensure and Discipline (p. 88)
 
In re Williams, 60 Ohio St.3d 85 (1991), p. 90
Hoover v Agency for Health Care Administration, 676 So.2d 1380 (Florida 1996), p. 93
State and Federal regulation of prescribing practices (p. 96)
The National

v Watters, 154 P.3d 1184 (Ct. of Appeals Kansas, 2007), p. 177
White v. Harris 190 Vt. 647 (2011), p. 182
Physician Contracts w/ Third Parties
Specific Contract Promises
Kaplan v. Mayo Clinic, 653 F.3d 720 (8th Cir. 2011), p. 190
Exculpatory Clauses
Tunkl v Regents of Univ of California, 60 Cal.2d 92 (1963), p. 196
Shorter v. Drury, 103 Wash.2d 645 (1985), p. 200
 
INFORMED CONSENT (pp 206‐222 (incl notes); 223‐233; 234‐242; 244 ‐ 255)
 
Origins of the Informed Consent Doctrine (p. 206)
The legal framework of informed consent (p. 209)
Negligence as a basis for recovery
 Canterbury v Spence, 464 F.2d 772 (1972), p. 209
Decision Aids (DAs – decision support tools) and Informed Consent (p. 219)
Disclosure of Physician-Specific Risk Information (p. 223)
Physician Compare Website – National Practitioner Data Bank (NPDB) (p. 225)
Johnson v Kokemoor, 199 Wis.2d 615 (1996), p. 225
Disclosure of Statistical Mortality Information (p. 234)
Arato v Avedon, 5 Cal.4th 1172 (1993), p. 234
Disclosure of Financial Conflicts of Interest (p. 244)
Moore v Regents of Univ of California, 51 Cal.3d 120 (1990), p. 244
Causation Complexities (p. 253)
Canterbury v Spence, supra., p. 253
 
CONFIDENTIALITY AND DISCLOSURE IN THE PHYSICIAN-PATIENT RELATIONSHIP (pp 255‐260; 262‐288)