Loyola University Chicago

Beazley Institute for Health Law and Policy

School of Law

Health Law Campus Courses

Skills

Perspective Elective

Experiential Learning

Access to Health Care is a seven-week course exploring the legal, political, environmental, financial and medical issues surrounding access to health in the United States and internationally, with particular emphasis on people who are experiencing poverty and the uninsured. The course is complemented with a required spring break field study to an impoverished region in the United States or abroad. 

This course focuses on the roles of federal and state agencies and government branches in regulating health care.  Students will learn the fundamentals of administrative law through a health care lens.  Topics covered will include government rulemaking, investigations, and enforcement.  Students will learn how to locate and understand the interplay of sources of administrative law and analyze statutes and regulations. (Meites)

Experiential Learning 

Skills

Student must be eligible for a 711 license to participate.

This capstone course focuses on the legal and practical challenges relating to the provision of health care at the end of life, with a particular emphasis on patients’ authority to direct treatment once they are no longer able to communicate their own wishes directly. Students will learn the substantive law of patient rights and advance care planning, work with physicians to understand ethical challenges in end-of-life care, engage in client representation for patients living with HIV/AIDS, and develop model policies for an Illinois healthcare institution. The legal skills practiced in this course are transferrable to the practice of law in any setting. 

Experiential Learning

Skills

Students who successfully completed the Health Justice Policy course may enroll in the Advanced Health Justice Policy course, in which they will continue to serve as legislative student lawyers. Faculty permission required.

Experiential Learning

Skills

Students who have successfully completed the Health Justice Project clinic may enroll in the Advanced Health Justice course, in which they will continue to represent clients and complete projects responsive to the needs identified during their clinical experience.  Faculty permission required.

Non-Graded

Open to:  JD students by permission only. Prerequisites: none.  Annals of Health Law Executive Editors are solely responsible for the management of the entire process of publication of the Annals, including selecting the staff, communicating with authors, and performing final edits on all articles before publication.  Additionally, Executive Editors oversee the planning of the annual symposium, maintain the website, and work on other special projects.  These selected positions require immense dedication and responsibility.  Executive Editors must possess superior legal knowledge and editing/writing skills.  Additionally, the abilities to manage, delegate and supervise others are essential. (Singer)

Non-Graded

Open to:  JD students by permission only. Prerequisites: none. The members of the Annals of Health Law are responsible for editing and cite-checking article submissions, including providing substantive recommendations.  They generally assist the Senior Members with the preparation of articles for publication.  Members must be organized, detail-oriented, and dedicated to their role in the Annals publication process.  They must possess superior cite-checking and editing skills.  Additionally, each member must write an article of publishable quality for Advance Directive, the Annals online counterpart. (Singer)

Non-Graded

Open to:  JD students by permission only. Prerequisites:  none.  Annals of Health Law Senior Editors prepare each article for publication.  They generally supervise the editing work of Annals members.  They manage and oversee the cite-checking process. (Singer)

This course will cover the full range of antitrust issues affecting the activities of all participants in the healthcare field, including different types of healthcare service providers (hospitals, physicians, and ancillary service providers), payors (government and commercial), and suppliers of products to providers and their patients.  Following an introduction to the antitrust laws generally, the course will specifically address the competitive issues posed by mergers and joint ventures involving competing healthcare providers or payors, the formation and operation of provider networks (including Accountable Care Organizations) and managed care contracting, the activities of trade associations and group purchasing organizations, medical staff privileges and credentialing, single firm conduct, and specific statutory provisions (e.g., Robinson-Patman Act), exemptions and immunities.

Perspective Elective 

This course provides an overview of American law as it relates to emerging ethical issues in medicine and health care. It is intended to give students an appreciation of the ways in which medical practice and decision-making are guided by modern American principles of constitutional, tort, administrative, and criminal law. Students will learn how the law’s regulatory powers have been used to set boundaries in medicine, and, in turn, how theories of medical ethics and practice have informed modern legal developments. Topics covered vary from year to year, but may include issues in end-of-life care, research ethics, reproductive autonomy, distributive justice, and genetic technology. (Sawicki).

According to the Catholic Health Association of the United States, there are Catholic health care systems and facilities in all 50 states, providing acute care, skilled nursing and other services including hospice, home health, assisted living and senior housing.  Over 15% of all hospital beds are operated by Catholic health care systems. Catholic health care supports over 20% of the hospitals in 24 States, and more than 30% of all hospitals in eight States. Catholic health care must comply with both civil law and ecclesiastical law.  Knowledge of the Church’s own legal system, known as canon law, and how it interacts with civil law is essential for lawyers and administrators responsible for the management of ecclesiastical entities such as Catholic hospitals and health care systems.

Examples of specific issues would be in the areas relating to Catholic identity, sponsorship, mergers and joint ventures involving Catholic health care institutions; incorporation and tax-exempt status of religious organizations; the acquisition and sale (alienation) of ecclesiastical property; wills, estates, bequests and gifts involving ecclesiastical goods; liability for clergy and employee misconduct; immigration law aspects of foreign religious workers; and the interface between government regulations and the Church’s ethical and religious directives.

Moreover, the Ethical and Religious Directives for Catholic Health Care Services issued by the United States Conference of Catholic Bishops present the theological principles that guide the Church’s vision of health care. This course will examine in detail the two-fold purpose of the Ethical and Religious Directives: first, to affirm the ethical standards of behavior in health care that flow from the Church’s teaching about the dignity of the human person, and second, to provide authoritative guidance on certain moral issues that face Catholic health care today.

Canon Law and Catholic Health Care should be of particular interest for law students and business students interested in the management of Catholic health care institutions. This course will be conducted as a seminar in which students will be invited to write a research paper and make a classroom presentation on some issue of canon law and Catholic health care.

The Supreme Court’s recent decision upholding the major provisions of the Patient Protection and Affordable Care Act has brought new attention to the intersection between constitutional law and health care. This seminar gives students the opportunity to engage deeply with some of the most compelling constitutional issues of our time, including the use of federal spending powers to expand state Medicaid programs; the health insurance mandate as a regulation of interstate commerce; federalism conflicts in the medicalization of marijuana; medical providers’ free speech rights; compelled commercial speech in the tobacco industry; religious objections to controversial medical procedures; cruel and unusual medical treatment of prisoners; as well as substantive due process challenges relating to public health, end of life care, and reproductive autonomy.

This course covers the business and legal issues that arise in health care transactions and the business and regulatory environment surrounding transactions.  Topics covered will include organizational operations, the contents and role of organizational documents, and the application of tax laws to transactions.  Students will analyze organizational documents and prepare presentations on issues presented by transactions.  Prerequisite:  Health Care Business & Finance.  (Singer)

More than 50 million Americans have disabilities, even as the population just begins to age significantly. The Americans with Disabilities Act was passed in 1990 as a key civil rights law to help persons with disabilities obtain access to employment, government functions at all levels, and most public Accommodations. This seminar will explore how our disability laws have succeeded, and failed, to fulfill their promise. We will also examine closely the significant recent activity by the Supreme Court in this evolving, dynamic area of the law. Each student is expected to select a topic of particular interest to him or her, perform an in-depth review of the law related to that topic, and write a paper on the subject. Student's progress will be tracked through class discussion, informed reaction papers and the final research paper. (Coustan)

Non-Graded

Open to: SJD and DLaw students only. Prerequisites: none. Candidates will be required to rework the doctoral proposal s/he submitted with his/her admission application into a 30-40 page summary paper which shall serve as a roadmap for the first draft of the dissertation. Students must also make a presentation on an aspect of their research to a group of doctoral students and advisors. (Blum)

Non-Graded

Open to: SJD and DLaw students only. Prerequisites: Doctoral Dissertation Research I. Candidates must draft a detailed dissertation outline, have it evaluated by his/her advisor, and incorporate any necessary changes into a final outline. Once the dissertation outline is approved, the first draft of the dissertation should be completed and submitted to the advisor. (Blum)

Non-Graded

Open to: SJD and DLaw students only. Prerequisites: Doctoral Dissertation Research I and II, Bibliography Tutorial. The dissertation advisor will work with the candidate to form a doctoral committee comprised of the advisor and two outside readers.  (In the case of foreign students, one outside reader may be sufficient.) The committee will assist the student by consulting on dissertation substantive issues, reviewing the working draft and approving the final product.   Dissertations should represent important contributions to the field, (minimum length 150 pages and double spaced) but specific format and content needs to be clarified between the candidate, the advisor, and the committee. Once clarified, the suggested format must be followed. Once the dissertation has been completed, it must be presented at an open forum to be attended by interested members of the law school community.  Students must enroll in this course during both fall and spring semesters of his/her second year. (Blum)

599 – Externship – Intensive Field Placement Chicago (2-3)

Experiential Learning

Skills

Full-time students who have completed all required first year courses and part-time students who have completed a minimum of 28 credit hours may apply for an externship at an approved field placement. Certain field placements may limit eligibility to students who have completed certain course work or who have obtained their Illinois Supreme Court Rule 711 license. Students enrolled in an externship may receive 2 or 3 hours of non-graded credit for supervised work performed at an approved field placement coupled with their attendance and participation in the classroom component of the course. The classroom component has been designed to complement the externship experience with a focus on professionalism, ethics, and practice based skill building.  There is no final examination in this course. This course is offered each semester. (Gough, Kieffer)

 

599 – Externship – Intensive Field Placement Washington, DC (2-3)

Experiential Learning

Skills

Full-time students who have completed all required first year courses and part-time students who have completed a minimum of 28 credit hours may apply for an externship at an approved field placement. Certain field placements may limit eligibility to students who have completed certain course work or who have obtained their Illinois Supreme Court Rule 711 license. Students enrolled in an externship may receive 2 or 3 hours of non-graded credit for supervised work performed at an approved field placement coupled with their attendance and participation in the classroom component of the course. The classroom component has been designed to complement the externship experience with a focus on professionalism, ethics, and practice based skill building.  There is no final examination in this course. This course is offered only during the summer semester. (Gough, Poll-Klaessy)

This course will introduce students into the roles of government, charitable, and private institutions in identifying, preventing, and addressing public health issues.  Students explore the role of state government, federal government, and the private sector in addressing issues surrounding healthcare delivery, access, financing, quality, cost control, the uninsured, transparency, and public health.  Students will have the opportunity to draft analysis of government policies and work in teams to present on a public health issue. (Carvalho, Deaton)

This course is designed to introduce students to the business of health care, including the types, formation and operation of health care organizations.  Topics covered will include health care finance, taxation, payment and coverage.  Students will learn about basic transactions, including collaborations, mergers, and joint ventures and the application of securities laws to these transactions.  The course will also cover basic financial operations and corporate governance and students will become familiar with basic organizational documents. (Singer)

This course will examine the three major Federal laws governing healthcare fraud and abuse: the Stark law, the Anti-Kickback Statute, and the False Claims laws.  Students will learn how to navigate through the complex maze of statutes and regulations.  In addition, the public policy concerns which underlie each law will be discussed in great detail throughout the semester.  The goal of the course is to equip the future lawyer with the tools necessary to properly identify healthcare fraud and abuse issues, and to effectively advise their clients on these issues.

Skills

This course serves as an introduction to labor and employment in the health care industry.  Topics covered will include union representation, supervisory status, harassment and discrimination, independent contract relationships, employment at will, and wage and hour standards. (Schurgin)

Skills

This course will cover key areas of health care litigation. Students will explore the substantive and procedural law of medical negligence litigation and learn about pretrial matters such as drafting pleadings, motions and deposing experts. Students will have the opportunity to develop trial techniques including preparing direct and cross examinations. They will also be able to participate in a medical negligence mock trial. Additional topics will include compliance and internal investigations, licensing procedures, technology litigation, managed care litigation, and ERISA preemption. (Burke)

Health Care Payment and Policy is a course which focuses on the roles of payers, purchasers, providers and consumers in the shifting arena of health insurance. A primary variable in the course will be consideration of the Affordable Care Act and the regulatory compliance challenges posed by it .The first part of the course will explore the development of health insurance, the growth of managed care models and the role of employers in shaping health benefits.  The second portion of the course will explore the evolution of Medicare and Medicaid, with a strong emphasis on state health policy development. The final portion of the course will consider the evolution of new health delivery models such as Accountable Care Organizations and Patient Centered Medical Homes, new reimbursement methodologies that combine cost and quality elements and the expanding efforts at prevention and wellness in the face of chronic illness challenges. Students will be required to write three office memos and participate in a group project exercise.

This course covers the Health Insurance Portability and Accountability Act and the statutory and regulatory framework for the privacy and security of health information. Students will learn about the historical basis of privacy and global comparisons. Topics will include data privacy, security, oversight, and breaches of protected health information. (Zacharakis)

Experiential

Skills

Perspective Elective (1Ls Spring term only)

The Health Justice Advocacy course is a live-client clinic that provides law students with an intensive, challenging education in the fundamentals of legal practice. Students practice and hone their ability to investigate facts, interview, issue spot, and advocate on behalf of a client. Students may address a variety of legal matters related to the client’s health, including medical debt forgiveness, advance care planning, housing conditions and public benefits denials. Students also gain experience collaborating on an interprofessional level and an understanding of legal systems that affect poverty and health. This course is ideal for a student embarking on a public interest, social justice or health law career.

Prerequisites:
None for Fall terms.

Faculty permission for Spring term. The course is only open to 1Ls during the Spring term.

Experiential Learning

Skills

Students enrolled in the Health Justice Policy course will serve as legislative student lawyers. Students will engage in multiple activities that may include the representation of a national organization and the development of policy approaches to support access to health for low-income individuals. Students will practice legislative lawyering skills, which may include stakeholder analysis, legal research and drafting, creative problem solving, interdisciplinary collaboration, among others. Students will also work on an interdisciplinary team that includes social work and medical students. Students must be available to participate in a mandatory orientation prior to the start of the semester and are expected to maintain a minimum of one office hour per week. Faculty permission required.

Experiential Learning

Skills

The Health Justice Project is a live-client law school clinic that provides law students with an intensive, challenging education in the fundamentals of legal practice, systemic advocacy, interdisciplinary collaboration, creative problem solving and professional values.  Through direct representation of clients and participation in an interdisciplinary medical-legal partnership, students address the social, legal and systemic barriers that prevent long-term health and stability for low-income individuals and families in Chicago. Case subject matter may include housing, public benefits, disability and other areas of law. Enrollment in the Clinic requires a significant time commitment and flexibility in the student’s schedule.  Students are required to attend hearings and court appearances, participate in an interdisciplinary partnership and tend to other client matters throughout the semester.  Students must be available to participate in a mandatory orientation prior to the start of the semester. Faculty permission required.

Non-Graded

Open to: LLM, MJ, SJD, and DLaw students. Prerequisites: none. LLM, MJ, SJD, and DLaw students may earn credit for participation in a targeted research tutorial. The scope and subject are chosen with the guidance of a faculty member who directs the students. (JD students can research in the health law field, but must register for the JD Directed Study.)  (Singer, Blum)

Non-Graded

Open to: LLM students enrolled in campus courses. Students enrolled in the LLM in Health Law degree program may earn externship credit for working at an approved health law externship site. This program is designed to offer students practical experience to further develop lawyering skills and health law expertise. Students may receive up to three credits.

Experiential Learning

Skills

This course is taken in conjunction with the Health Justice Project course and provides students with an opportunity to participate in an interdisciplinary team to address health problems of low-income patients. Students partner with medical residents and doctors to explore communication and ethical issues among disciplines and actively participate in precepting and grand rounds with medical and social work partners. Faculty permission required.

This is an upper division elective which focuses on key issues in international/comparative health law and policy encountered in the global arena. While there are no explicit prerequisites, students should have some background in public health law as well as general health law. The class will be taught in a tutorial fashion requiring students to be involved in three group project exercises on selected topics. In addition each student will be required to write two papers.  Topics to be covered include international public health law institutions, WHO, WTO, UN, NGOs, the role of private law, and legal issues surrounding topics such as communicable disease prevention and treatment, climate change and health, sanitation, violence and public health, population planning and control, migration and health, trafficking in people and organs, global e-health, micro-financing and health.  Readings will be assigned, largely from web based materials. (Blum)

Experiential Learning

Skills

Students enrolled in Introduction to Health Justice serve as client advocates. Students conduct intake and, through direct interaction with clients, practice issue spotting, interview skills and creative problem-solving.  Clients may present with variety of matters related to health, such as housing code violations, medical debt, disability, special education, public benefits denials and other critical needs. Students also gain an understanding of interdisciplinary collaboration in the practice of law and an overview of legal systems that respond to poverty and health disparities. Students must be available to participate in a mandatory orientation prior to the start of the semester and are expected to maintain a minimum of six office hours per week. Faculty permission required.

Skills

This course provides a broad survey of the most fundamental legal issues surrounding the delivery of health care in America. No prior knowledge of health law is required. Major topics include state and federal regulation of health care providers and institutions; tort liability in the context of medical care; patient and provider rights and obligations; public and private insurance systems; and basic issues in bioethics and public health. By the end of this course, students should understand both the current state of American health law, and the social forces that have shaped its historical development. (Blum, Sawicki, Singer)

This course serves as an introduction to the growing area of health law known as "life sciences."  The theme for this course centers on the regulatory issues involved in the research, development, and sale of pharmaceutical drugs, medical devices, and biologics and the role of the FDA and other government agencies in regulating these industries.  Topics covered will include the approval process for pharmaceutical drugs, medical devices, and biologics, genomics, personalized medicine, the FCPA, basic patent and intellectual property issues, as well as fraud and abuse and compliance issues for these industries. (Zacharakis)

Open to: LLM students. Prerequisites: none. Each LLM student must write a paper of publishable quality. The paper, written under the guidance of a faculty advisor, should integrate a number of issues covered in the health law curriculum. It is expected that each LL.M. paper will make an important contribution to health law literature. (Singer, Blum)

Open to:  LL.M. students only (or J.D. students by instructor permission). Prerequisites: none. This course reviews current health law practice topics and examines problem areas confronted by practitioners. The format varies between practitioner-led discussions and problem-solving sessions. (Singer)

This course introduces students to the cases, statutes, and legal doctrines relating to the rights, treatment, and commitment of persons with mental illness, developmental disabilities, or intellectual disabilities. Topics covered include:  confidentiality of mental health records, forms of surrogate decision-makers (i.e. guardianship, powers of attorney), mental health treatment for minors, right to refuse treatment, special education, and the Americans with Disabilities Act (ADA). Students will discuss real-life cases and examples to compare and contract application of the law and policies. (Monahan, McCarty)

This course is designed to introduce students to the laws, agencies, and other bodies that license, regulate and discipline physicians.  Topics covered will include licensing proceedings and hearings and health care entity policies addressing these issues.  (Pomerance)

The course will utilize case studies for learning and applying knowledge related to the key roles and responsibilities of the health care risk manager. Through the readings and case studies students will learn to identify legal, ethical, administrative, and risk management issues and to reach resolutions for the problems presented. (Youngberg)

This course is designed to expose students to key legal concepts in the health care corporate compliance field, which may be broadly defined as the application of internal corporate initiatives to ensure compliance with applicable federal and state laws and regulations.  Particular emphasis will be placed on Anti-kickback Statute, the Stark law, the False Claims Act and its whistleblower provisions.  Readings will derive from various sources: case law, legislation, regulations, government reports and legal articles.  Underlying course themes will include how to structure an effective compliance program and the role of government enforcement arms in controlling health care costs.

Provides students with an overview of key legal and policy issues in the diverse and growing field of long term care. In the context of the seminar long term care will be cast broadly as an area that deals with diverse populations that have profound and ongoing health/social needs including disabled populations and the elderly. While much of the course will focus on statutory and regulatory law, significant emphasis will be placed on evolving public policies in long term care that impact programmatic developments in quality assurance ,insurance coverage and the regulation of institutional and community actors. Specific areas of focus will be selected for each term for review and analyses including diseases of aging, prevention of abuse and neglect, uses of telehealth, senior housing policy and end of life care. Materials from the United States, Canada, the EU and Japan will be referenced. Students will be required to write two memoranda and participate in a group project.