Health law and policy : a survival guide to medicolegal issues for practitioners /
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| Author / Creator: | Liang, Bryan A. |
|---|---|
| Imprint: | Boston : Butterworth-Heinemann, c2000. |
| Description: | xvi, 309 p. ; 26 cm. |
| Language: | English |
| Subject: | |
| Format: | Print Book |
| URL for this record: | http://pi.lib.uchicago.edu/1001/cat/bib/4150228 |
Table of Contents:
- About the Author
- Contributor
- Preface
- I. Traditional Legal Medicine
- 1.. Concepts of Law
- Structure
- Types of Law
- The Structure of a Civil Lawsuit
- Notes on Concepts of Law
- Further Reading
- Web Sites
- 2.. Medical Malpractice
- General Considerations
- Notes on Medical Malpractice
- Res Ipsa Loquitur: Changing the Burden of Proof
- Notes on Res Ipsa Loquitur
- Further Reading
- Web Sites
- 3.. Informed Consent
- General Considerations
- Notes on Informed Consent
- Emergency Treatment Exception to Informed Consent
- Notes on the Emergency Treatment Exception
- Further Reading
- Web Sites
- 4.. Medical Information, Records, and Confidentiality
- Confidentiality of Medical Records and Information
- Notes on Confidentiality of Medical Records
- Allowable Disclosures
- Notes on Allowable Disclosures
- Further Reading
- Web Sites
- 5.. The Provider-Patient Relationship and the Obligation to Treat
- Provider-Patient Relationship
- Notes on the Provider-Patient Relationship
- Severing the Provider-Patient Relationship and Patient Abandonment
- Notes on Severing the Provider-Patient Relationship and Patient Abandonment
- Further Reading
- Web Sites
- II. The Health Care Insurance Structure
- 6.. Private Insurance
- Out of Pocket
- Private Insurance
- Federal Regulation: ERISA
- COBRA and HIPAA
- Other Statutes
- States
- Further Reading
- Web Sites
- 7.. Public Insurance: Medicare
- Enrollment
- Coverage
- Beneficiary Cost Sharing
- Medicare Exclusions from Payment
- Provider Participation Requirements
- Part A Payment
- Part B Payment
- Assignment
- Appeals in Medicare
- Medigap Insurance
- Further Reading
- Web Sites
- 8.. Public Insurance: Medicaid
- Covered Groups and Eligibility
- Services
- Payment
- Appeals
- Medicaid and Medicare
- Waivers
- Spending Down for Nursing Home Care
- Further Reading
- Web Sites
- 9.. Managed Care
- Managed Care Delivery Forms
- Other Managed Care Forms
- Payment Methodologies
- Regulatory Structure
- Liability
- ERISA and Managed Care
- Medicaid and Managed Care
- Medicare and Managed Care
- Other Federal Programs
- Accreditation
- Further Reading
- Web Sites
- III. Modern Delivery Considerations
- 10.. Physician Contracting and Employee Considerations
- Independent Contractors
- Employees
- Other Statutes
- Further Reading
- Web Sites
- 11.. Licensure and Practice Regulation
- State Licensure and Revocation
- Notes on State Licensure and Revocation
- Staff and Clinical Privileges
- Notes on Staff and Clinical Privileges
- Covenants Not to Compete
- Further Reading
- Web Sites
- 12.. Fraud and Abuse
- False Claims Act
- Antikickback Statute
- Stark Laws
- Sanctions
- Notes on Fraud and Abuse
- The Emergency Medical Treatment and Active Labor Act (EMTALA)
- Notes on EMTALA
- Further Reading
- Web Sites
- 13.. Antitrust Law
- Sherman Act
- Clayton Act
- Federal Trade Commission Act
- Enforcement and Penalties
- Antitrust Enforcement Policies
- Business Review and Advisory Opinions
- Notes on Antitrust
- Appendix. FTC and DOJ Guideline Examples
- Further Reading
- Web Sites
- 14.. Alternative Dispute Resolution
- Formal Adjudication
- Mediation
- Arbitration
- Hybrid Methods
- ADR and Medical Malpractice Claims
- Other Medical Disputes
- Notes on ADR
- Further Reading
- Web Sites
- IV. End-of-Life Considerations
- 15.. Advance Directives
- Living Will
- Durable Power of Attorney
- Patient Self-Determination Act
- Oral Directives
- Potential Reasons for Limited Advance Directive Use
- Objections to the Use of Advance Directives
- Wrongful Living and Other Causes of Action Involving Advance Directives
- Notes on Advance Directives
- Further Reading
- Web Sites
- 16. Definitions of Death
- Cardiopulmonary Death
- Whole Brain Death
- Higher Brain Death
- Patient-Determined Definition of Death
- Anencephalic Infants
- Organ Donation
- Financial Considerations
- Notes on Definitions of Death
- Further Reading
- Web Sites
- Index
