ASM 274 - Law & Ethics in Healthcare

1. Examine the components of the legal system related to health care
   1. Examine the components of law: administrative, statutory and common law
   2. Explain the court system and process of litigation
   3. Distinguish between criminal and civil law
2. Demonstrate an understanding of liability
   1. Interpret torts, including negligence and liability
   2. Explain the opportunities to reduce liabilities
3. Examine the necessary components of contracts
   1. Understand the process of contracting for incompetent clients
   2. Know the procedure for resolving breach of contract, (i.e., for nonpayment for services).
4. Appraise surrogate decision-making responsibilities
   1. Understand the legal process of determining legal incompetency
   2. Describe advance directives: living wills and durable power of attorney for health care decisions
   3. Explain power of attorney, guardianships, conservatorships, trusts, medical assistance income trusts and wills
5. Understand the government process of controlling fraud in the health care industry
   1. Identify areas most subject to fraud in Medicare, Medicaid and insurance reimbursement
   2. Identify agencies regulating fraud
   3. Identify fraud reporting systems and methods for protecting against fraud claims
6. Understand the role of agencies that supervise the long term care industry
   1. Understand the process of oversight and inspection
   2. Understand the process of administrative findings, hearings and appeals
7. Analyze legal and ethical individual rights
   1. Research the individual rights of clients in the agency setting and the facility setting
   2. Discus ethical issues as it relates to the client, families, agency and facility
8. Review the legal and ethical obligations of record keeping
   1. Research the requirements for the types of record keeping required in agency setting and the facility setting
   2. Examine the varies methods of maintaining records from a legal and ethical perspective
9. Identify ethical concerns in health care
   1. Identify ethical concerns related to death and dying and cultural/religious values
   2. Identify ethical concerns related to decisions in medical treatment
10. Understand the issues involved in employment
    1. Identify issues related to unemployment compensation
    2. Identify issues related to government regulation of employment including compensation and hours of work
    3. Understand the contents and the importance of employee records keeping