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    Health care law and ethics in a nutshell / by Mark A. Hall, Ira Mark Ellman, David Orentlicher.

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    • Title:Health care law and ethics in a nutshell / by Mark A. Hall, Ira Mark Ellman, David Orentlicher.
    •    
    • Author/Creator:Hall, Mark A., 1955-
    • Other Contributors/Collections:Ellman, Ira Mark.
      Orentlicher, David, 1955-
    • Published/Created:St. Paul, MN : West, ©2011.

    • Holdings

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    • Library of Congress Subjects:Medical care--Law and legislation--United States.
      Medical laws and legislation--United States.
      Medical ethics--United States.
    • Medical Subjects: Delivery of Health Care--legislation & jurisprudence
      Ethics, Medical
      United States
    • Genre/Form: Study guides.
    • Edition:3rd ed.
    • Description:xxx, 463 pages ; 19 cm.
    • Series:Nutshell series.
    • Notes:Includes index.
      Includes bibliographic references and index.
    • ISBN:9780314209870
      0314209875
    • Contents:Machine generated contents note: pt. I FUNDAMENTALS OF HEALTH CARE DELIVERY AND FINANCE
      ch. 1 Health Insurance Coverage and Regulatory Reform
      A. Crisis in Health Care Spending and Coverage
      1. Dimensions of the Crisis
      a. Spending Crisis
      b. Coverage Crisis
      2. Causes of the Spending Crisis
      a. Structure of Traditional Insurance
      b. Incentives for Patients
      c. Incentives for Providers
      d. Incentives for Insurers and Employers
      e. Traditional Medicare Reimbursement
      f. Managed Care and the Structure of Health Insurance
      B. Insurance Coverage Reform
      1. Socialized Medicine and the British System
      2. Single Payer, Canadian-Style Insurance
      3. Employer or Individual Mandates
      4. Incremental Alternatives
      5. Managed Competition
      C. Interlude: Economic and Regulatory Theory
      1. Need for Health Care Rationing
      2. Ethics of Health Care Rationing
      a. Rationing Criteria
      b. Rationing Decision Makers
      3. Economics of Health Care Rationing
      a. Free Markets vs. Government Controls
      b. Economic Theory
      D. Cost Containment Reforms
      1. Reducing the Scope of Insurance
      a. Practical Problems
      b. Disability Discrimination and Other Legal Problems
      2. Rigorously Reviewing the Necessity of Care
      3. Reforming Provider Payment
      a. Medicare Prospective Payment
      b. Capitation Payment and HMOs
      4. Public Utility Regulation
      E. Recapitulation
      ch. 2 Treatment Relationship
      A. Duty to Accept and Treat Patients
      1. Doctors
      a. "No-Duty" Rule
      b. Formation of the Treatment Relationship
      2. Hospitals
      a. General Duty to Provide Care
      b. Access to Emergency Care
      1. Common Law and Statutory Rights
      2. Emergency Medical Treatment and Active Labor Act
      (a). Screening
      (b). Treatment and Stabilization
      (c). "Preventive" Dumping
      3. Doctors Within Health Care Organizations
      4. Wrongful Denials: Antidiscrimination Law and Refusal to Treat
      a. Title VI: Race and Ethnicity
      b. Disability Discrimination
      1. Protected Class
      2. Core Provisions
      5. Other Bases for a Duty to Treat
      a. Constitutional Rights of Access
      b. Patients' Rights
      6. Terminating the Treatment Relationship
      B. Legal Content of the Treatment Relationship
      (1). Fiduciary Core of the Treatment Relationship
      (2). Confidentiality
      a. Duty to the Patient
      (1). Common Law Protections
      (2). Statutory Protections
      b. Duty to Protect Third Parties and the Limits of Confidentiality
      (1). Statutory Duties to Report
      (2). Common Law Duty to Protect Third Parties
      (a). Basis of the Duty: "Hazard" or "Special Relationship"
      (b). Foreseeable Plaintiffs
      (c). Discharge of the Duty to Protect
      3. Informed Consent
      a. Classic Doctrine
      (1). Risk: What Information Must Be Shared?
      (2). Negligence: Measuring the Physician's Conduct
      (3). Causation
      (4). Exceptions to the Duty to Disclose
      b. Conflicts of Interest and Fiduciary Principles
      c. Emerging Applications of Informed Consent
      4. Modifying the Terms of the Treatment Relationship
      pt. II LEGAL STRUCTURE OF HEALTH CARE DELIVERY
      ch. 3 Hospital Structure and Regulation
      A. Hospital and Facility Regulation
      1. Licensure, Certification, and Private Accreditation
      2. Certificate of Need Laws
      B. Hospital and HMO Medical Staff Issues
      1. Medical Staff Structure and Staff Selection Process
      2. Economic Credentialing, Exclusive Contracts, and Institutional Control
      3. Insurance Deselection and Managed Care Contracting
      4. Hospital Medical Staff Disputes
      a. Introduction
      b. Theories of Judicial Review
      c. Scope of Judicial Review
      5. Physician Membership in Managed Care Networks
      6. Peer Review Confidentiality and Immunity
      a. State Peer Review Confidentiality Statutes
      b. Federal Peer Review Immunity
      C. Labor and Employment Law
      1. Labor Law
      a. Patient Care Concerns
      b. Physician Unions
      2. Employment Law
      a. Wrongful Discharge
      b. Covenants Not to Compete
      ch. 4 Antitrust Law and Health Care
      A. Introduction
      B. Antitrust Boycott Law
      1. Conspiracy Requirement
      2. Medical Staff Boycotts as Restraints of Trade
      a. Avoiding Per Se Illegality
      b. Avoiding Trial on the Merits
      3. Exclusions From Managed Care Networks and Illegal Tie-ins
      4. Patient Care Defense
      5. Interstate Commerce and State Action Defenses
      C. Price Fixing and Vertical Restraints Involving Insurers
      1. Price Fixing in Provider Networks
      2. Monopolization by Insurers
      3. McCarran-Ferguson Exemption
      D. Merger Law
      ch. 5 Complex Transactions and Organizational Forms
      A. Corporate Practice of Medicine
      1. Doctrine's Rationale
      2. Doctrine's Survival
      B. Insurance and HMO Regulation
      1. State Solvency Laws
      2. Managed Care Regulation
      3. Federal Insurance Reform
      C. ERISA Preemption
      D. Charitable Tax Exemption
      1. Basis for Tax Exemption
      a. Hospital Services
      b. Other Health Care Institutions
      2. Inurement to Private Benefit
      3. Unrelated Business Income
      4. Hospital Reorganization, Diversification, and Conversion of Status
      a. Reorganization and Diversification
      b. Conversion to For-profit Status
      E. Referral Fee Prohibitions
      1. Sources of Law
      2. Earned Versus Unearned Fees
      F. Summary
      pt. III ETHICAL ISSUES IN PATIENT CARE DECISIONS
      ch. 6 Defining Death and Transplanting Organs
      A. Defining Death
      1. Cardiopulmonary Criteria
      2. Neurological Criteria: Whole Brain Death
      3. Neurological Criteria: Upper Brain Death
      B. Organ Procurement and Allocation
      1. Procurement of Organs
      a. Organ Donation
      b. Donation and the Definition of Death
      c. Mandates, and Novel Rules, for Organ Procurement
      2. Allocation of Organs
      a. Waiting Lists and UNOS Distribution
      b. Ethics of Allocation Policies
      ch. 7 Law and Ethics of Withholding Medical Care and Assisting "Suicide"
      A. Traditional Ethical Distinctions
      1. Acting Versus Failing to Act
      2. Withholding Versus Withdrawing Treatment
      3. Active and Passive Euthanasia
      4. Doctrine of Double Effect
      5. Ordinary Versus Extraordinary Treatment
      6. Conclusion
      B. Competing Principles of Personal Autonomy and Beneficence
      C. Currently Competent Patient
      1. Paternalism and the Limits of Autonomy
      2. Determining Decisionmaking Capacity
      3. Examples of Decisionmaking With the Competent Patient
      4. Constitution and End-of-Life Decisions
      D. Patients Lacking Decisionmaking Capacity
      1. Patients With Advance Directives
      a. Living Wills
      b. Durable Powers of Attorney
      2. Once-Competent Patients Without Advance Directives
      3. Never-Competent Patients
      4. Seriously 111 Child, Including the Newborn
      a. General Framework of Child Protective Laws
      b. Special Case of the Newborn
      E. Denying "Futile" Treatment to the Patient Who Requests It
      ch. 8 Selected Issues in Reproductive Medicine
      A. Assisted Conception
      1. Artificial Insemination by Donor (AID)
      a. Basic Rules
      b. Use by Lesbian Couples
      2. Surrogate Motherhood, Egg Donation, and In-Vitro Fertilization
      a. Surrogacy Contracts Under Traditional Law
      b. Gestational Surrogacy and Changing Law
      3. Status of Stored Embryos
      4. Genetic Medicine
      B. Maternal-Fetal Conflict
      1. Forced Treatment and Fetal Surgery
      2. Fetally Toxic Maternal Behavior During Pregnancy.
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