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Syllabus

Legal and Ethical Issues in Healthcare
HR107

YEAR:

2023-2024

CREDIT HOURS:

3.00

PREREQUISITES:

None

COREQUISITES:

None

COURSE NOTES:

None

CATALOG COURSE DESCRIPTION:

Introduction to the U.S. legal system, laws and ethical issues and how they relate to healthcare.

HutchCC INSTITUTION-WIDE OUTCOMES:

  1. Demonstrate the ability to think critically and make reasonable judgments by acquiring, analyzing, combining, and evaluating information.
  2. Demonstrate the skills necessary to access and manipulate information through various technological and traditional methods.
  3. Demonstrate effective communication through reading, writing, listening, and speaking.
  4. Demonstrate effective interpersonal and collaborative skills.
  5. Demonstrate effective quantitative-reasoning and computational skills.

AREA OR PROGRAM OUTCOMES

  1. Demonstrate the Hutchinson Community College institutional outcomes.
  2. Display entry-level knowledge and skills fundamental to the health information management profession.
  3. Demonstrate good communications skills.
  4. Demonstrate skills in technology.
  5. Demonstrate problem-solving and critical-thinking skills.
  6. Comply with AHIMA Code of Ethics and maintain professional conduct.

COURSE OUTCOMES AND COMPETENCIES:

  1. Describe the legal system in the United States.
    1. Define law.
    2. Define common, statutory, and administrative law and give examples of each.
    3. List the sources of laws and resources where they may be found.
    4. Explain due process.
    5. List the branches of government and their functions.
    6. Name the courts in the federal and state judicial systems.
    7. Define jurisdiction and state the jurisdictions of federal and state court systems.
    8. Define: writ of certiorari, writ of habeas corpus, Doctrine of Stare Decisis, and Doctrine of Res Judicata; be able to apply each.
    9. Name courtroom personnel and their functions.
    10. Name the two parties in a lawsuit.
    11. Define statute of limitations and determine when the statute expires, given specific situations.
    12. Explain the trial process.
    13. Define complaint, answer, demurrer, discovery, deposition, interrogatories, appellant, appellee, supersedeas, damages and types of monetary damages, and the Doctrine of Joint and Several Liability. (KCIII.B.2)
  2. Describe the use of the health record as a legal document.
    1. Define what constitutes a legal health record.
    2. Describe the legal requirements for health record content, including statutory provisions, regulations, accrediting standards, institutional standards, and professional guidelines.
    3. Indicate the requirements for timely and complete health records.
    4. Explain the retention requirements imposed by statutes and regulations, and other external forces.
    5. Tell when it is appropriate to destroy records: in ordinary course, due to ownership change, and due to closure.
  3. Examine the concept of patient's rights and the role that healthcare professionals play in protecting these rights.
    1. Differentiate among the various health care rights of patients.
    2. Explain the right to admission.
    3. Explain the right to emergency care.
    4. Explain the right to Bill of Rights.
    5. Explain the right to explanation of rights.
    6. Explain the right to ask questions.
    7. Explain the right to know the caregivers.
    8. Explain the right to know of third-party care relationships.
    9. Explain the right to participate in care decisions.
    10. Explain the right to have special needs addressed
    11. Explain the right to sensitive and compassionate care.
    12. Explain the right to timely response to care needs.
    13. Explain the right to pain management.
    14. Explain the right to refuse treatment, including discussion of various end-of-life issues.
    15. Explain the right to access medical records and the property rights of the medical record.
    16. Explain the right to execute advance directives.
    17. Explain the right to designate a decision maker.
    18. Explain the right to privacy and confidentiality.
    19. Differentiate between confidential and privileged communications.
    20. Define and demonstrate an understanding of privileged communications, listing instances where the privilege is waived.
    21. Discuss privacy, confidentiality, security.
    22. Explain the right to discharge.
    23. Explain the right to transfer
  4. Distinguish among the variety of regulations affecting health care including HIPAA, AIDS/HIV, mental health and drug and alcohol health records.
    1. Discuss the statutes regarding access to information.
    2. Be familiar with Amendment IV of the Constitution, Conditions of Participations for Medicare and Medicaid, Federal Privacy Act of 1974, Freedom of Information Act, Drug Abuse Prevention, Treatment and Rehabilitation Act, TEFRA, and HIPAA.
    3. Define: Shop Book Rules, Uniform Business Records Act, and Hearsay Rule.
    4. Describe exceptions to the hearsay rule.
  5. Explain the different types of consents.
    1. Define the applicable laws when medical information has been improperly disclosed.
    2. Define: informed, implied, oral and express consent, exculpatory clause, and the types of consent forms.
    3. Cite instances in which a minor can consent for his/her own treatment.
    4. From a list of persons, identify which one would be the individual to give consent in given situations.
    5. Define a coroner's case and explain how this affects autopsy consent.
  6. Explore the role that health professionals play in the legal environment.
    1. Identify elements to be included in policies and procedures for control, use and release of health information and to ensure validity of the request.
    2. Determine if a request from a certain sources can be answered.
    3. Identify elements to be included in release of information guidelines to special records.
    4. Explain the need for confidentiality of an incident report and committee minutes; explain the relationship between these documents and discoverability and admissibility.
    5. Explain the legal implication of medical care evaluation/quality management/improvement committees.
    6. Describe the valid service of a subpoena duces tecum.
    7. Define: subpoena, court order, affidavits, deposition, Notary Public subpoena, subpoena fee, summons.
    8. Describe proper courtroom behavior.
    9. List controls established for assuring return of the record from court.
  7. Identify the essential elements for establishing negligence.
    1. Differentiate between public, private, criminal, regulatory, contract, and tort law.
    2. Define misdemeanor, felony, arrest, arraignment, and grand jury.
    3. Explain the legal process in criminal law and civil law.
    4. Define the criminal charges most often related to the health care field.
    5. Describe tort law and its categories, including products liability, intentional torts, negligent torts.
    6. Discuss the following types of intentional torts: assault and battery, false imprisonment, defamation of character, fraud, invasion of privacy, infliction of mental distress
    7. Define negligence, contributory negligence, assumption of risk, intervening cause and disclaimers.
    8. List the essential elements for proving negligence and apply these elements.
    9. Define and be able to apply theories of negligence and related doctrines:
    10. Explain the theroy of respondeat superior.
    11. Discuss corporate negligence.
    12. Compare and contrast contributory and comparative negligence.
    13. Explain Captain of the Ship Doctrine.
    14. Describe Borrowed Servant Doctrine.
    15. Define Res ipsa loquitur.
    16. Explain the Good Samaritan laws.
    17. Explain the case of Darling vs. Charleston Community Memorial Hospital and its impact on malpractice cases.
    18. Define burden of proof, discoverability, admissibility, Judicial Notice, direct evidence, circumstantial evidence, primary and secondary evidence, the Best Evidence Rule, hearsay evidence, and res gestae. (KCIII.B.2)
    19. Define common negligence charges applicable to physicians.
  8. Justify various positions on ethical issues in healthcare.
    1. Explain why a knowledge of law and ethics is important to health care practitioners.
    2. Distinguish among law, ethics, bioethics, etiquette, and protocol.
    3. Define moral values and explain how they relate to law, ethics and etiquette.
    4. In a generalized sense, state the consequences of illegal and unethical behavior.
  9. Summarize the legal and ethical issues involving electronic health records.
    1. List and explain legal problems involved in computerized records.
    2. Identify elements to be included in procedures to maintain security of computerized information.

COURSE ASSESSMENT AND EVALUATION:

1. Assignments 2. Quizzes 3. Examinations 4. Final examination 5. Reports 6. Written presentation 7. Participation

ACCOMMODATIONS STATEMENT:

Any student who has a documented disability and wishes to access academic accommodations (per the 1973 Rehabilitation Act and Americans with Disability Act) must contact the HCC Coordinator of Disability Services, at 620-665-3554, or the Student Success Center, Parker Student Union. The student must have appropriate documentation on file before accommodations can be provided.

ACADEMIC HONESTY:

Education requires integrity and respect for HutchCC's institutional values. HutchCC students are required to maintain honesty through a "responsible acquisition, discovery, and application of knowledge" in all academic pursuits. Preserving and upholding academic honesty is the responsibility of Hut chCC students, faculty, administrators and staff.

I. Student Responsibilities

All HutchCC students are required to:

  • Submit all work in all courses without cheating, fabrication, plagiarism, dissimulation, forgery, sabotage, or academic dishonesty as defined below.
  • Provide all academic records such as transcripts and test scores that are free of forgery.
  • Refrain from participating in the academic dishonesty of any person.
  • Use only authorized notes and student aids.
  • Use technology appropriately, including refraining from submitting AI (Artificial Intelligence)-generated work without express written consent from your instructor.
  • Protect the security of passwords/login/privacy/electronic files, and maintain sole individual access for any online course information.

II. Definition of Academic Dishonesty

  • Academic dishonesty is any intentional act, or attempted act, of cheating, fabrication, plagiarism, dissimulation, forgery, or sabotage in academic work.
  • Cheating includes using unauthorized materials of any kind, whether hard copies, online, or electronic, such as unapproved study aids in any academic work, copying another student's work, using an unauthorized "cheat sheet" or device, or purchasing or acquiring an essay online or from another student.
  • Fabrica tion is the invention or falsification of any information or citation in any academic work, such as making up a source, providing an incorrect citation, or misquoting a source.
  • Plagiarism is the representation of words, ideas and other works that are not the student's own as being original to the student. A no n-inclusive list of examples includes work completed by someone else, work generated by an external entity (such as AI), omitting a citation for work used from another source, or borrowing the sequence of ideas, arrangement of material, and/or pattern of thought of work not produced by the student, even though it may be expressed in the student's own words.
  • Dissimulation is the obscuring of a student's own actions with the intention of deceiving others in any academic work, such as fabricating excuses for absences or missed assignments, or feigning attendance.
  • Forgery of academic documents is the unauthorized altering, falsification, misrepresentation, or construction of any academic document, such as changing transcripts, changing grades on papers or on exams which have been returned, forging signatures, manipulating a digital file of academic work, or plagiarizing a translation.
  • Sabotage is any obstruction or attempted obstruction of the academic work of another student, such as impersonating another student, stealing or ruining another student's academic work.
  • Aiding and abetting academic dishonesty is considered as knowingly facilitating any act defined above.
  • Academic honesty violations can also include the omission or falsification of any information on an application for any HutchCC academic program.

III. Sanctions for Academic Dishonesty

Students who violate the Academic Honesty Policy may be subject to academic or administrative consequences.

Instructor Sanctions for Violation:

Students suspected of violating the Academic Honesty Policy may be charged in writing by their instructor and any of the following may apply:

  • Assign Avoiding Plagiarism Bridge Module
  • Receiving written warning that could lead to more severe sanction if a second offense occurs
  • Revising the assignment/work in question for partial credit
  • Voiding work in question without opportunity for make-up
  • Reducing the grade for work in question
  • Lowering the final course grade
  • Failing the work in question

Institutional Sanctions for Violation:

Students charged with academic dishonesty, particularly in instances of repeated violations, may further be subjected to an investigation and any of the following may apply:

  • Instructor recommendation to the Vice President of Academic Affairs (VPAA) to dismiss the student from the course in which the dishonesty occurs
  • Instructor recommendation to the VPAA to dismiss student from the course in which the dishonesty occurs with a grade of 'F." Student will not be allowed to take a 'W' for the course
  • Instructor recommendation to the VPAA that the student be suspended and/or dismissed from the program
  • Student barred from course/program for a set period of time or permanently
  • May be recommended by the instructor (after documented repeated offenses) to the VP AA that the student be placed on probation, suspended and/or dismissed from the institution.

IV. Procedure

  • Instructor will communicate in writing via the student's HutchCC email account and/or LearningZone email account to the student suspected of violating the Academic Honesty Policy.  That communication may include sanction(s). Department Chair will notify the student's academic advisor upon receipt of the Academic Honesty Violation Form.
  • For each violation, the instructor will submit a completed Academic Honesty Violation Form to the Department Chair. Department Chair will notify the student's academic advisor upon receipt of the Academic Honesty Violation form.
  • Should the instructor choose to pursue institutional sanctions, the instruct or shall notify the student in writing via the student's HutchCC email account.  Instructor shall also submit a completed Academic Honesty Violation Form and all prior completed forms regarding said student to the Department Chair and the office of the VPAA with recommendation to proceed with specific Institutional Sanctions. Department Chair will notify the student's academic advisor upon receipt of the Academic Honesty Violation Form.
  • The decision of the VPAA on Institutional Sanction is final. The VPAA will notify the student's academic advisor of any institutional sanctions.

V. Due Process Rights

Students charged with violations of academic honesty have the right of appeal and are assured of due process through the Academic Honesty Appeal process.

Academic Honesty Appeal Process

I. Due Process Rights: Students charged with violations of academic honesty have the right of appeal and are assured of due process through the Academic Honesty Appeal process.

  • If an instructor has recommended course or program dismissal, the student may continue in coursework (provi ding there are no threatening or security behavioral issues) until appeal processes are concluded. However, if an issue has been documented at a partnership location (e.g., clinical sites, secondary institutions, correctional or military facilities), then the student is no longer eligible to continue participation in internships, apprenticeships, and/or clinical-based practice. For clinical sites, this sanction is immediate.

II. Process

If the student disagrees with the charge of a violation of academic honesty, the student has the right to due process as described in the Academic Honesty Appeal process below:

  • If the matter is not resolved upon communicating with the instructor about the violation, the student shall, within five business days of the issuance of the written notice of violation, submit a completed Academic Honesty Appeal Form and supporting documentation to the appropriate department chairperson to initiate an Academic Honesty Appeal.
  • Within two business days of receiving the student's completed Academic Honesty Appeal Form, the Department Chair and VPAA will review and the VPAA will render a decision.
  • Within two business days, a response will be sent to the student's HutchCC email address. The VPAA's decision is final.

INCOMPLETE GRADE:

Instructors may give a student a grade of Incomplete (I) under the following conditions:

  1. The student must initiate the request prior to the time final course grades are submitted to Records.
  2. The request must be made because of an emergency, illness or otherwise unavoidable life-event.
  3. The instructor must agree to the request before a grade of Incomplete can be submitted.
  4. A written contract between the instructor and student, signed by both, will document the work required and date needed to complete course work.
  5. If a student does not complete the course requirements within the time frame established by the instructor, a grade of "F" will be recorded on the student's transcript at the end of the next semester.

PROGRAM ACCREDITATION:

Commission on the Accreditation for Health Informatics and Information Management Education (CAHIIM)
233 N. Michigan Ave, 21st Floor
Chicago, IL 60601-5800

HLC ACCREDITATION:

Hutchinson Community College is accredited by the Higher Learning Commission (HLC). The Higher Learning Commission is one of six regional institutional accreditors recognized by the US Department of Education and the Council on Higher Education Accreditation (CHEA).

Last Revised: 03/19/2020