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Prof. Renee M. Landers,
3 credits day; 3 credits evening. This course is one of two courses specifically required for the
Health and Biomedical Law Concentration. The course provides an introduction to the structure
and function of the means of delivering health care services in the United States. Because of the
tremendous influence of public policy and government regulation on health care, the course
begins with an examination of health care policy by considering how the law addresses medical
error and mechanisms for achieving distributive justice in health care services through a case
study of organ transplantation. The course also provides background on the regulation of health
care organizations, such as hospitals, managed care organizations, and insurance entities, and
considers in some detail public health insurance programs such as Medicare and Medicaid. Time
permitting, the course touches on the professional relationships in health care organizations,
corporate, tax, fraud and abuse, and antitrust issues relevant to health care enterprises. In addition
to covering these topics, the course in health law provides insights into the overlapping and
separate roles of state, local, and federal governments in health care policy, and offers the
opportunity for comparisons with analogous policies in other legal systems. Given the recent
enactment of federal health reform legislation, the course will consider how the changes attempt
to address problems identified in recent approaches to providing health insurance and delivering
health care. Finally, the course will identify future areas ripe for reform—regulating the cost and
quality of health care. Teaching method: This professor uses Socratic instruction with heavy
emphasis on student discussion, including discussion of problems in navigating health care
insurance and delivery systems and holding practitioners and institutions accountable for quality
of care. Methods of evaluation: Paper: Approximately 40% of the course grade is based on a
writing assignment distributed to students approximately midway through the semester. Papers
are usually not more than 7 typewritten pages in length. The topic for this paper usually invites
students to evaluate a current health care reform proposal. 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‖. Examination: Evaluation for work in the course is
based also on a final examination. The examination typically consists of approximately two-
thirds essay questions and approximately one-third multiple choice questions and count for
approximately 60% of the course grade. This examination is a limited open book examination
which means that each student will be permitted to bring the required texts for the course and
any notes the student has prepared. No treatises, commercial study aids or outlines, or other such
materials are permitted. For a full explanation of the exam rules, please see description on prior
years‘ examinations.
The course introduces students to the United States health care system. The course will examine
the law relating to health care institutions, (hospitals, managed care organizations, and other
payers and providers) and selected health care programs such as Medicare and Medicaid.
Specifically, the course examines how health care providers are reimbursed, the regulation of
health care facilities, the tax status of health care institutions, fraud and abuse laws, the patient-
doctor relationship, informed consent, and selected issues in bioethics. The casebook will be
supplemented by current legal materials. Course required for the Health and Biomedical
concentration.