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Tables of Contents for Health Law
Chapter/Section Title
Page #
Page Count
Preface
v
Westlaw Overview
vii
Regulation of Health Care Institutions
1
37
Taxonomy of Health Care Institutions
3
3
Private Accreditation and Public Quality Control Regulation
6
7
State and Federal Authority to Regulate
13
1
Establishing Regulatory Standards
14
1
Substantive Review of Standards
15
2
Specific Federal Regulatory Standards
17
4
Enforcement
21
7
Health Planning and Certificate of Need
28
10
Federal Tax Exemption of Health Care Institutions
38
20
Tax--Exempt Purposes
40
9
Joint Ventures
49
2
Tax Exemption of Alternative Delivery Systems
51
6
Conclusion
57
1
Regulation and Licensure of Health Care Professionals
58
37
Entry Requirements
60
2
Unauthorized Practice
62
9
Scope of Practice
71
4
Discipline
75
7
Substantive Grounds for Discipline
82
9
The Medicare Utilization and Quality Control Peer Review Organization Program
91
4
Professional Relationships in the Health Care Enterprise
95
77
Staff Privileges
97
10
Physician--Hospital Contracts for Physician Services
107
7
Employment--at--Will
114
1
National Labor Relations Act
115
4
Anti--Discrimination Statutes
119
9
Quality Assurance and Risk Management
128
15
Medical Information and Records: Confidentiality and Disclosure
143
29
Health Care Business Associations
172
85
For--Profit Corporations
175
27
Not--for--Profit Corporations
202
26
Professional Corporations
228
6
Partnerships
234
9
Limited Liability Companies and Limited Liability Partnerships
243
4
Structuring Health Care Enterprises
247
10
The Liability of Health Care Professionals
257
115
Physician Liability for Patient Injury
259
51
Physician Obligations to Obtain a Patient's Informed Consent
310
34
Reforming the Tort System for Medical Injuries
344
28
The Liability of Health Care Institutions
372
46
Tort Liability of Hospitals
373
20
Tort Liability of Managed Care Systems
393
25
The Employee Retirement Income Security Act of 1974 and Health Plan Liability and Regulation
418
43
ERISA: Introduction
418
5
ERISA: Preemption
423
22
ERISA Claims and Obligations
445
16
Regulation of Private Health Care Financing
461
48
Regulation of Private Insurance
462
20
Federal Insurance Regulation
482
10
Regulation of Managed Care
492
17
Obligations to Provide Medical Care
509
27
Emergency Medical Treatment and Labor Act
512
11
Obligations to Provide Emergency Care Under State Law
523
2
Obligations Under the Hill--Burton Act
525
2
Nondiscrimination Obligations Under Title VI
527
3
Discrimination Against Persons Based on Medical Condition
530
5
Conclusion
535
1
Medicare
536
48
Authority and Administration
539
1
Eligibility
540
1
Covered and Excluded Services
541
6
Provider Participation
547
4
Medicare Prospective Payment Under Diagnosis--Related Groups
551
8
Cost--Based Reimbursement
559
1
Medicare Part B Payment
560
5
Billing and Claims
565
4
Medicare Part C: Medicare Managed Care
569
5
Administrative Appeals and Judicial Review of Medicare Determinations
574
8
The Medicare as Secondary Payer Program
582
2
Medicaid
584
41
Introduction
585
2
Eligibility
587
14
Benefits
601
8
Medicaid Payment for Services
609
3
Medicaid Managed Care
612
4
Administration
616
1
Federal and State Medicaid Funding
617
1
Medicaid Appeals and Judicial Review
617
5
The State Children's Health Insurance Program (SCHIP)
622
3
Medicare and Medicaid Fraud and Abuse
625
43
Introduction
626
2
False Claims and Statements
628
8
Bribes, Kickbacks, and Much Else
636
12
Self--Referrals
648
8
Civil Penalties and Exclusions
656
7
Investigations by the Office of Inspector General and Compliance Plans
663
2
State Medicaid Fraud and Abuse Laws
665
3
Antitrust Law
668
136
Statutes and Interpretative Principles
671
17
Professionalism and Competition
688
19
Physician--Hospital Relationships
707
30
Health Care Financing: Relationships Between Providers and Payers
737
30
Relationships Among Hospitals and Other Health Facilities
767
37
Definitions of Death
804
11
Making Decisions About Death and Dying
815
95
Introduction--The Right to Forgo Life Sustaining Treatment
819
12
Significant State Interests That Limit the Judicially Recognized Right to Forgo Life Sustaining Treatment
831
4
Determining Decisional Capacity or Competency of Patients for Whom Life Sustaining Medical Treatment Is Appropriate
835
3
The Right to Forgo Life Sustaining Treatment and Competent Adults
838
2
The Right to Forgo Life Sustaining Treatment and Incompetent Adults
840
19
The Right to Forgo Life Sustaining Treatment and Children
859
11
Religion and the Right to Forgo Life Sustaining Treatment
870
7
Judicial Process in Cases Involving Decisions to Forgo Life Sustaining Treatment
877
6
Civil Liability for Failing to Recognize a Decision to Forgo Life Sustaining Treatment
883
3
Homicide Liability and the Decision to Forgo Life Sustaining Treatment
886
4
Physician Assisted Death
890
9
Special Issues in Terminating Particular Kinds of Life Sustaining Treatment
899
7
The Patient Self--Determination Act
906
4
Wrongful Birth, Wrongful Life and Wrongful Conception
910
13
Abortion
923
18
The Constitutional Framework
925
5
Particular Limitations and Restrictions on Abortion
930
8
Actions to Protect Women Seeking Abortions and Abortion Providers
938
3
Potential Fetal--Maternal Conflicts
941
13
Assisted Reproduction
954
23
Regulation of Research Upon Human Subjects
977
16
Appendix: Researching Health Law on Westlaw
993
16
Table of Cases
1009
62
Table of Statutes
1071
34
Index
1105