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Unit 1 - Overview of Course Law for Health Care...

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Unformatted text preview: Overview of Course Law for Health Care Professionals Class 1 January 6, 2011 Contact Information Barbara Estep – (205) 783-8470 or 783Course Objectives Expectations Grading Assignments 1 2 Court System Court Court System State Trial Courts – civil and criminal Appellate Courts – civil and criminal Highest level of Appellate Court State Highest level of Appellate Court – State Supreme Supreme Court Other Courts Trial Court Appellate Court Probate Municipal District Court of original jurisdiction Fact finding Court of review Key Concept – create a solid record in anticipation of appeal 3 4 Federal Courts Federal District Court Circuit Court Courts For Alabama – 11th Circuit United States Supreme Court Other Courts Bankruptcy Admiralty Patents 5 Both state and federal courts can hear health care cases Generally, medical malpractice cases are heard in the state civil courts; can be heard in the state civil courts; can be heard heard in federal court Employment cases can be heard in either state of federal court 6 1 Administrative Proceedings Hearing at Agency Level Alternative Dispute Resolution Example – EEOC Arbitration Fair Hearings (“FHO”) Administrative Law Judges (“ALJ”) (“ Depending on the issue involved, administrative remedies may have to be exhausted before a suit is filed Binding on the parties Provided for in contract Mediation Contracts of adhesion – possible defense to arbitration clause Not binding Contract vs. Court Ordered Cost and Timing 7 8 Sources of Law Common Law Statutory Administrative Judicial Opinion Common Law – evolved from judicial opinions Case Law Precedent opinion that is used as a standard in subsequent or similar cases Res Judicata – the thing has been decided; final judgment rendered by a court of competent d jurisdiction jurisdiction on its merits; it is conclusive Stare Decisis – when a case with the same or similar set of facts is presented as a previous case, it should be decided in the same manner as the first case 9 10 Statutory Law Administrative Administrative Law Statutory Law Written law emanating from legislative body i.e. - State law United States Code United States Code Rules and regulations issued by Administrative Agencies to enact the laws passed by the legislative bodies 11 Administrative Procedures Acts Procedures Acts Agencies cannot have rules and regulations that are in conflict with the statutes which the agency is trying to enforce 12 2 Statutes Branches of Government Federal and State Arranged as follows: Title Chapter Section Three Branches of Government § Ala.Code § 25-5-1 25- Legislative – makes the laws Executive –enforces the laws Judicial resolve disputes in accordance with Judicial – resolve disputes in accordance with the the law Separation of Powers 13 14 Department Department of Health and Human Services (“DHHS”) Department of Health and Human Services (“DHHS”) Responsible for the administrative regulations for carrying out administrative regulations for health and human service policy objectives policy objectives Multiple agency report to the Secretary of DHHS including: 15 Centers for Medicare and Medicaid (“CMS”) Administration on Agency (“AoA”) on Agency Food and Drug Administration (“FDA”) Agency for Healthcare Research and Quality (“AHRQ”) 16 Questions 17 3 ...
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