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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