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Furrow, Greaney, Johnson, Jost, and Schwartz's Health Law, 2d, Vols. 1 & 2 (Practitioner Treatise Series)

By Barry R Furrow, Thomas L. Greaney, Sandra H. Johnson, Timothy S Jost, Robert L. Schwartz

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Series: Practitioner Treatise Series

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Description

This desk reference explores and interprets the important details of every major issue in health care today. You’ll find in-depth discussion of tax, corporate, and organizational issues, as well as governmental initiatives in the areas of cost control, access to health care, anti-competitive activities, fraud, and abuse. The legal and ethical issues involving highly sensitive issues, such as death, reproductive rights, and medical research, are also covered.

Features

Annotations lead you quickly to additional research sources
Includes relevant statutes and recent case law on point
Timely supplements keep you up-to-date on recent developments

Summary Of Contents

Preface
Westlaw Overview
Volume 1
Chap.
1. Regulation of Health Care Institutions
  1. Taxonomy of Health Care Institutions
  2. Private Accreditation and Public Quality Control Regulation
  3. State and Federal Authority to Regulate
  4. Establishing Regulatory Standards
  5. Substantive Review of Standards
  6. Specific Federal Regulatory Standards
  7. Enforcement
  8. Health Planning and Certificate of Need
2. Federal Tax Exemption of Health Care Institutions
  1. Tax-Exempt Purposes
  2. Joint Ventures
  3. Tax Exemption of Alternative Delivery Systems
  4. Conclusion
3. Regulation and Licensure of Health Care Professionals
  1. Entry Requirements
  2. Unauthorized Practice
  3. Scope of Practice
  4. Discipline
  5. Substantive Grounds for Discipline
  6. The Medicare Utilization and Quality Control Peer Review Organization Program
4. Professional Relationships in the Health Care Enterprise
  1. Staff Privileges
  2. Physician-Hospital Contracts for Physician Services
  3. Employment-At-Will
  4. National Labor Relations Act
  5. Anti-Discrimination Statutes
  6. Quality Assurance and Risk Management
  7. Medical Information and Records: Confidentiality and Disclosure
5. Health Care Business Associations
  1. For-Profit Corporations
  2. Not-For-Profit Corporations
  3. Professional Corporations
  4. Partnerships
  5. Limited Liability Companies and Limited Liability Partnerships
  6. Structuring Health Care Enterprises
6. The Liability of Health Care Professionals
  1. Physician Liability for Patient Injury
  2. Physician Obligations to Obtain a Patient's Informed Consent
  3. Reforming the Tort System for Medical Injuries
7. The Liability of Health Care Institutions
  1. Tort Liability of Hospitals
  2. Tort Liability of Managed Care Systems
8. The Employee Retirement Income Security Act of 1974 and Health Plan Liability and Regulation
  1. ERISA: Introduction
  2. ERISA Preemption
  3. ERISA Claims and Obligations
9. Regulation of Private Health Care Financing
  1. Regulation of Private Insurance
  2. Federal Insurance Regulation
  3. Regulation of Managed Care
10. Obligations to Provide Medical Care
  1. Emergency Medical Treatment and Labor Act
  2. Obligations to Provide Emergency Care Under State Law
  3. Obligations Under the Hill-Burton Act
  4. Nondiscrimination Obligations Under Title VI
  5. Discrimination Against Persons Based on Medical Condition
  6. Conclusion
11. Medicare
  1. Authority and Administration
  2. Eligibility
  3. Covered and Excluded Services
  4. Provider Participation
  5. Medicare Prospective Payment Under Diagnosis-Related Groups
  6. Cost-Based Reimbursement
  7. Medicare Part B Payment
  8. Billing and Claims
  9. Medicare Part C: Medicare Managed Care
  10. Administrative Appeals and Judicial Review of Medicare Determinations
  11. The Medicare as Secondary Payer Program
Volume 2
1. Medicaid
  1. Introduction
  2. Eligibility
  3. Benefits
  4. Medicaid Payment for Services
  5. Medicaid Managed Care
  6. Administration
  7. Federal and State Medicaid Funding
  8. Medicaid Appeals and Judicial Review
  9. The State Children's Health Insurance Program (SCHIP)
2. Medicare and Medicaid Fraud and Abuse
  1. Introduction
  2. False Claims and Statements
  3. Bribes, Kickbacks, and Much Else
  4. Self-Referrals
  5. Civil Penalties and Exclusions
  6. Investigations by the Office of Inspector General and Compliance Plans
  7. State Medicaid Fraud and Abuse Laws
3. Antitrust Law
  1. Statutes and Interpretative Principles
  2. Professionalism and Competition
  3. Physician-Hospital Relationships
  4. Health Care Financing: Relationships Between Providers and Payers
  5. Relationships Among Hospitals and Other Health Facilities
4. Definitions of Death
5. Making Decisions About Death and Dying
  1. Introduction–The Right to Forgo Life Sustaining Treatment
  2. Significant State Interests That Limit the Judicially Recognized Right to Forgo Life Sustaining Treatment
  3. Determining Decisional Capacity or Competency of Patients for Whom Life Sustaining Medical Treatment Is Appropriate
  4. The Right to Forgo Life Sustaining Treatment and Competent Adults
  5. The Right to Forgo Life Sustaining Treatment and Incompetent Adults
  6. The Right to Forgo Life Sustaining Treatment and Children
  7. Religion and the Right to Forgo Life Sustaining Treatment
  8. Judicial Process in Cases Involving Decisions to Forgo Life Sustaining Treatment
  9. Civil Liability for Failing to Recognize a Decision to Forgo Life Sustaining Treatment
  10. Homicide Liability and the Decision to Forgo Life Sustaining Treatment
  11. Physician Assisted Death
  12. Special Issues in Terminating Particular Kinds of Life Sustaining Treatment
  13. The Patient Self-Determination Act
6. Wrongful Birth, Wrongful Life and Wrongful Conception
7. Abortion
  1. The Constitutional Framework
  2. Particular Limitations and Restrictions on Abortion
  3. Actions to Protect Women Seeking Abortions and Abortion Providers
8. Potential Fetal-Maternal Conflicts
9. Assisted Reproduction
10. Regulation of Research Upon Human Subjects
Appendix: Researching Health Law On Westlaw
Table Of Cases
Index