COURSE DESCRIPTION 2012 2013

Prof. Renee M. Landers,

2 credits day; 2 credits evening. This course considers how technological change continues to affect the delivery of health care and the impact of these changes on patients and health care professionals and organizations. Technological change transforms the mechanisms by which health treatment and payment information is collected, stored, and transmitted. The ways in which patients receive health care and information about health care have also been altered by technological developments. Balancing the potential advantages these technologies offer with the risks to privacy and quality of care challenges federal and state regulators. The course considers selected health law issues arising in areas such as professional licensure for physicians and other health care providers, regulation of pharmaceutical prescribing and dispensing, electronic medical records and electronic payment transactions, research and marketing using medical information, and dissemination of health information through the Internet. Relevant state and federal statutes and regulations will be considered including the Health Insurance Portability and Accountability Act, the Gramm-Leach-Bliley Act, the American Recovery and Reinvestment Act (HiTech Act), and selected stated laws, such as the Massachusetts Data Security Law and implementing regulations. The course offers the opportunity to compare approaches to these problems adopted in the United States with the approaches of other legal systems, including the European Union. Outside speakers involved in health care technology enterprises or who use technology in the health care delivery context will make presentations to the class from time to time. Teaching method: This course is a seminar that relies heavily on student participation in class discussion. Methods of evaluation: Class Participation: Participating in class is a part of the learning process for all students and the professor. Regular class attendance, therefore, is encouraged. For truly outstanding participation in class, course grades may be raised by a half letter grade, e.g. from ―B-‖ to ―B‖. Research Paper and Presentation: The main requirement for the course is a research paper of 20 – 25 pages in length on a topic determined by the student in consultation with the professor. Students will make a presentation of the research paper topic to the class at the end of the semester of approximately 15 to 20 minutes in length. Technology has changed the mechanisms by which health treatment and payment information is collected, stored and transmitted. The ways in which patients receive health care and information about health care also have been altered by technological developments because telemedicine and computer technologies now make treatment possible when physicians and patients are not in the same location. Balancing the potential advantages these technologies offer with the risks to privacy and quality of care challenges federal and state regulators. This course will consider selected health law issues arising in areas such as professional licensure for physicians and other health care providers, regulation of pharmaceutical prescribing and dispensing, electronic medical records and electronic transactions, research and marketing using medical information, and dissemination of health information through the internet. Relevant state and federal statutes and regulations will be considered, including the Health Insurance Portability and Accountability Act (HIPAA) and the Gramm-Leach-Bliley Act, and compared to laws of other jurisdictions including the European Union. Evaluation will be based on class participation and a research paper.

Prerequisite: Health Law