COURSE INFORMATION
This CE course focuses on the major components of the Legal Aspects of Health Care Administration, past and present. You will review interesting complex problems and discover a comprehensive approach to learning about legal and ethical issues that affect our healthcare system. We review organizations responses to dealing with the many stressors that influence an organization. Real-world healthcare current events provide the student with a sense of reality checks experienced by patients and healthcare professionals. The need to learn from the mistakes experienced by others to avoid making them again is emphasized. Students will learn how law, ethics and medicine intertwine. The knowledge gained from this course serves to improve the competency of the student to prevent them from becoming the next headline. Accountability for outcomes and quality is an additional focus as related to government structure, law and ethics. The concepts of reliance and intentional torts are reviewed in relation to tort reform and risk reduction initiatives. The criminal aspects of healthcare and the basics of contract law as it pertains to healthcare professionals are important parts or our course content as are the introduction to civil procedure and trial practice. Medical staff organization and physician liability along with a review of laws affecting nursing practices, a review of common nursing errors and legal risks of other hospital departments are key to providing the student with a detailed understanding of issues that affect them in day-to-day operations. Information management, patient consent issues and patient’s rights and responsibilities are discussed as they related to patient care. The role of healthcare ethics principles, theories and values along with beginning and end-of life issues is also part of our studies. We also look at the many influences of policy setting practices. Legal reporting requirements that affect healthcare providers and Human Resource practices are discussed. We also touch upon managed care influences, professional liability insurance and conclude with a look at the practical application of law and ethics through Case Law discussions. This course will provide any prospective or sitting manager an understanding of the many contemporary issues they need to be conversant with in order to be successful in their jobs. This course will also expose prospective medical legal consultants to a foundation of knowledge that will be useful in their provision of services.
Course Code: HL 400.
Contact hours of continuing education = 40.
Instructor/Course Author: Mark C. Barabas, BS, DHA, FACHE
Link to Resume
Email: mcbarabas@aol.com
TEXTBOOKS: There is one (1) required textbook for this course.
Legal Aspects of Health Care Administration, George D. Pozgar, Legal Aspects of healthcare administration, 14th Edition, 2023, Jones & Bartlett Learning.
ISBN-10: 1284231526
ISBN-13: 978-1284231526
Link to Purchase on Amazon.com: click here
TIME FRAME: You are allotted two years from the date of enrollment, to complete this course. There are no set time-frames, other than the two year allotted time. If you do not complete the course within the two-year time-frame, you will be removed from the course and an “incomplete” will be recorded for you in our records. Also, if you would like to complete the course after this two-year expiration time, you would need to register and pay the course tuition fee again.
GRADING: You must achieve a passing score of at least 70% to complete this course and receive the 40 hours of awarded continuing education credit. There are no letter grades assigned. You will receive notice of your total % score. Those who score below the minimum of 70% will be contacted by AIHCP and will be permitted one more attempt to retake the online examination.
BOARD APPROVALS: The American Institute of Health Care Professionals (The Provider) is approved by the California Board of Registered Nurses, Provider number # CEP 15595 for 40 Contact Hours. Access information
This course, which is approved by the Florida State Board Of Nursing (CE Provider # 50-11975) also has the following Board of Nursing Approvals, for 40 contact hours of CE
The American Institute of Health Care Professionals Inc: is a Rule Approved Provider of Continuing Education by the Arkansas Board of Nursing. CE Provider # 50-11975.
The American Institute of Health Care Professionals Inc: is a Rule Approved Provider of Continuing Education by the Georgia Board of Nursing. CE Provider # 50-11975.
The American Institute of Health Care Professionals Inc: is a Rule Approved Provider of Continuing Education by the South Carolina Board of Nursing. CE Provider # 50-11975.
The American Institute of Health Care Professionals Inc: is a Rule Approved Provider of Continuing Education by the West Virginia Board of Examiners for Professional Registered Nurses. CE Provider # 50-11975.
The American Institute of Health Care Professionals Inc: is a Rule Approved Provider of Continuing Education by the New Mexico Board of Nursing. CE Provider # 50-11975.
Course Refund & AIHCP Policies: access here
ONLINE CLASSROOM RESOURCES AND TOOLS
- Examination Access: there is link to take you right to the online examination program where you can print out your examination and work with it. All examinations are formatted as “open book” tests. When you are ready, you can access the exam program at anytime and click in your responses to the questions. Full information is provided in the online classrooms.
- Student Resource Center: there is a link for access to a web page “Student Resource Center.” The Resource Center provides for easy access to all of our policies/procedures and additional information regarding applying for certification. We also have many links to many outside reference sites, such as online libraries that you may freely access.
- Online Evaluation: there is a link in the classroom where you may access the course evaluation. All students completing a course, must, without exception, complete the course evaluation.
- Faculty Access Information: you will have access to your instructor’s online resume/biography, as well as your instructor’s specific contact information.
- Additional Learning Materials: some faculty have prepared additional “readings” and /or brief lecture notes to enhance your experience. All of these are available in the online classrooms.
COURSE OBJECTIVES: Upon completion of this course, you will be able to:
Chapter 1:
- Explain how societal conflicts due to politics, religion and warfare have both impeded the growth of hospitals and contributed to their progress.
- Describe how advances in medicine led to the rise of modern-day hospital and improved quality of patient care
- Describe how the knowledge gained from best practices (e,g, infection control) can lead to progress and at the same time result in patient harm if not consistently followed over time
Chapter 2:
- Explain the development and sources of law
- Discuss how case law differs from statutory and administrative law
- Describe what is meant by: conflict of laws
- Describe the 3 branches of law
- Describe what is meant by: separation of powers
- Describe the organizational structure of the U. S. Department of Health and Human Services
- Describe the functions of the various government ethics committees
- Explain the term political malpractice
Chapter 3:
- Describe what a tort is and the objective of tort law
- Define negligence and explain how it differs from malpractice
- Explain how the commission and the omission of an act differ
- Explain the elements necessary to prove a negligence case
- Describe the importance of foreseeability in a negligence case
Chapter 4:
- Define intentional torts and describe the difference between intentional torts and negligence
- Identify various intentional torts and their application in the healthcare setting
- Explain the theories a plaintiff can use in pursuing a products liability case against a manufacturer
- Describe various theories a manufacturer may use when defending itself against a products liability case
Chapter 5:
- Discuss the ways in which a provider can practice defensive medicine
- Describe various tort reform programs designed to lower the cost of malpractice insurance
- Describe various programs that can help reduce the number of malpractice claims
Chapter 6:
- Explain what criminal law is, its main objectives and the classification of crimes
- Describe the criminal procedure process from arrest through trial
- Describe several of the more common crimes that occur in the healthcare setting
Chapter 7:
- Explain what a contract is
- Describe the elements of a contract
- Describe how a hospital can be liable for the acts of a physician under contract
- Explain the possible defenses and remedies for non-performance of a contract
- Describe under what circumstances an employee handbook could be considered a contract and how to avoid that assumption
Chapter 8:
- Discuss the pretrial discovery process
- Describe the trial process
- Describe the forms of evidence presented by the plaintiff
- Explain defenses offered by the defendant
- Explain the purpose of the judge’s charge to the jury
- Describe the types of damages and how they are awarded
Chapter 9:
- Explain from where a corporation derives its authority
- Differentiate among express, implied and corporate authority
- Discuss corporate organization and committee structure
- Describe corporate ethics, the Sarbanes-Oxley Act of 2002 and corporate compliance
- Explain the terms corporate negligence, respondeat superior and independent contractor
- Describe the duties of healthcare organizations, the CEO and medical staff
- Explain the purpose of corporate reorganization and the process of restructuring
- Describe the parent holding company model
- Describe what the Safe Harbor Act is designed to regulate
Chapter 10.
- Describe medical staff organization and committee structure
- Describe the credentialling and privileging process and discuss the purpose of physician supervision and monitoring
- Describe common medical errors involving patient assessment, diagnosis, treatment, discharge and follow-up care
- Explain how the physician-patient relationship can be improved
Chapter 11:
- Describe how the scope of nursing practice continues to evolve
- Describe common categories of nursing staff
- Explain the process of obtaining nurse licensure
- Describe the various legal risks nurse’s encounter