Course Descriptions
711 - Corporate Transactions in Health Law (3). This course is designed to introduce students to the business and legal issues which arise in a complex health care transaction. Class discussions may revolve around the purchase of a physician practice. The course culminates with students, working in teams, preparing all documents associated with the acquisition. Students also present their recommendations concerning acquisition strategy and approach to teams of lawyers from leading firms in the city. Beyond gaining knowledge of the core issues arising in acquisitions, students have an opportunity to enhance their writing, drafting and oral skills. (Singer)
713 - Health Law Directed Study (1,2, or 3). Open to: LL.M., M.J., S.J.D., and D.Law students. Prerequisites: none. LL.M., M.J., S.J.D., and D.Law 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. (J.D. students can research in the health law field, but must register for the J.D. Directed Study.) (Singer, Blum)
714 - Health Law Graduate Externship (1, 2, or 3). Open to: LL.M., M.J., S.J.D., and D.Law students. Prerequisites: none. The externship is designed for M.J. and LL.M. students who wish to gain field experience in health law. Students are placed in a health law position with a professional association or health care institution and complete a project under the direction of an externship mentor. (J.D. students can receive health law placement, but must register for course #584, Health Law Externship.) (Singer)
715 - Bioethics and the Law (2). Students explore issues arising from advances in biological science and technology as they impact on the legal rights and responsibilities of patients, health providers, and government policy makers. Issues explored range from legal and ethical dilemmas in the treatment of individuals to broader societal issues dealing with the allocation of health care resources. (Singer, Herder)
717 - Mental Health Law (2). Cases, statutes, and legal doctrines relating to the rights, treatment, and incarceration of mentally ill and mentally retarded persons are reviewed. Topics include competency to stand trial, the insanity defense, defense of drugged or intoxicated condition, right to refuse treatment, right to marry and procreate, and psychiatric malpractice. (Cohen, Monahan)
718 - Regulation of Pharmaceuticals and Medical Devices (2). More than one-fourth of every consumer dollar is spent for products regulated by the Food and Drug Administration. The agency's principal responsibility is the enforcement of the Federal Food, Drug and Cosmetic Act. This introductory seminar focuses on the legal and practical problems associated with the agency's regulation of drugs and medical devices under the statute. (Zacharakis)
719 - Health Care Labor Law Seminar (1). This course focuses on current labor and employments law topics of importance to the health care industry. The topics covered include labor law and the health care industry including union representation issues and supervisory status; workplace harassment; disability discrimination; AIDS and the health care employer; independent contractor relationships; employment at will; and wage and hour standards. (Schurgin)
720 - Managed Care (2, 3). This seminar focuses on current and evolving theories that are relevant to HMOs, PPOs, CMPs, and other managed care arrangements. A special focus is placed on utilization review, ERISA, and agency doctrine. Students are provided with a background on managed care plan operational and contracting issues. (Introduction to Health Law is a pre- or co-requisite for this course). (Blum)
723 - Law and Public Health (2). This seminar explores the role of law and government regulation in the area of public health. The public health process (measurement, problem definition, strategy, design, implementation and evaluation) is explored in reference to current issues that are both timely and expositive of the ways in which law and regulation shape public health practice on the state and federal level. Topical areas for analysis and discussion are drawn from the primary environments of public health, biological, physical, social, individual behavior, and national/international health systems. Students are required to work on group projects, and are required to write a research paper. (Blum)
725 - Antitrust in the Health Care Field (2). Topics covered include antitrust aspects of medical staff privilege decisions, hospital mergers and joint ventures, trade association activities, and managed care contracts. A particular focus is on recent federal guidelines dealing with the implementation of antitrust laws as they affect changing health care markets. Students are encouraged to take Introduction to Health Law prior to or at the same time as enrolling in this course. (Marx, Waller)
726 - AIDS Law and Public Policy (2). This course surveys the impact of HIV/AIDS-related discrimination (e.g., employment and insurance); HIV/AIDS on tort, family, health, and probate law; and HIV/AIDS on public policy development and particular bureaucracies (e.g., the National Institute of Health and the Food and Drug Administration). The political nature of the HIV crisis is a major theme as well as how racism, sexism, and homophobia have colored the nation's response to this epidemic. Additional themes include the disproportionate impact of certain laws and policies against the poor. (Angelari)
727 - Annals of Health Law Editorial Board (3). Open to: J.D., LL.M., M.J., S.J.D., and D.Law students by permission only. Prerequisites: none. The Editor-in-Chief and Managing Editor are solely responsible for the management of the entire process of publication of the Annals-from initially selecting the Annals Staff, to communicating with all the article submitters, to having final editing rights over all the articles before publication. These selected positions require immense dedication and responsibility. Superior legal knowledge and editing/writing skills are basic requirements. Additionally, the ability to manage, delegate and follow-up on assignments given to others is essential. (Singer)
728 - International Health Law (2). This course, often held abroad, introduces students to the structure and operation of the health systems of other countries. There are detailed discussions on how the law affects health care providers and consumers. Faculty are drawn from Loyola School of Law as well as the country of issue. The course is often integrated into a comparative health law conference, allowing Loyola students to study with students and professionals from other countries. (Blum)
729 - Trial of a Medical Malpractice Case (2). This course explores both the substantive and procedural law of medical negligence litigation. Students perform pretrial and trial tasks such as drafting pleadings and motions, arguing motions, deposing experts, and arguing an aspect of a trial. (Burke)
730 - Government Health Policy (2, 3). Students explore the role of state government, federal government, and the private sector in addressing issues surrounding health and health care, such as access, financing, quality, cost control, transparency, and public health. (Students are encouraged to take Introduction to Health Law prior to or at the same time as enrolling in this course.) (Carvalho, Deaton)
731 - Medicare Law (2). This course provides a history of the Medicare system, explores reimbursement issues under Medicare Part A and B, and addresses fraud and abuse issues. The course surveys both regulations and case law. (Introduction to Health Law is a pre- or co-requisite for this course). (Meade)
732 - Physician Self Referral Law Seminar (1). Open to: LL.M. students only (or J.D. students by instructor permission). Prerequisites: Medicare Law. This course concentrates on the federal physician self-referral law (also known as the Stark Law) and the federal anti-kickback statute. Students will be taught the fundamentals of these laws, and will learn how to navigate through the various statutes, regulations and advisory opinions. Students will also learn how to apply the laws to real world scenarios. (Goldstein)
733 - Annals of Health Law Senior Editor (2). Open to: J.D., LL.M., M.J., S.J.D., and D.Law students by permission only. Prerequisites: none. The Senior Editors are mainly responsible for managing the Annals members who are assigned to them and editing the selected article submissions. Senior Editors help provide training to Annals members, work directly with the authors of the articles they are editing, and are constantly supervising work. These selected positions require substantial responsibility and superior editing and writing skills. Additionally, the ability to manage and follow-up on assignments given to others is essential. (Singer)
734 - Annals of Health Law Editing Seminar (1). Open to: J.D., LL.M., M.J., S.J.D., and D.Law students by permission only. Prerequisites: none. The members of Annals are chiefly responsible for acquiring and developing their skills in editing article submissions, using those editing skills to make substantive recommendations for changes and generally assisting the Senior Editors with the publication of the Annals. Members need to be organized, detail-oriented, and dedicated to their role in the Annals publication. These selected positions require thoroughness and superior editing and writing skills. In order to be considered for one of the senior positions, members are required to write an article of publishable quality in the Spring Semester. (Singer)
736 - Health Law Advanced Research Seminar (2). Open to: J.D., LL.M., M.J., S.J.D., and D.Law students. Prerequisites: Instructor permission is required. Students work with health law faculty, writing a short article on a particular current health law issue. The article must be written in law journal format, with the goal of publication in a newsletter or trade journal. Students will research the issue and will be encouraged to interview experts in the area. (Blum)
737 - The Law of Death and Dying (1). Recently, a significant body of law, both judicial and statutory, has developed around end of life decision making. This course will address this area of law, including: the right to die, advanced directives, surrogate decision-making, physician assisted suicide, the Oregon Death With Dignity Act, palliative drugs use, hospice and some legal aspects of the funeral business. Presentations will include hospital house counsel and individuals who have experienced disputes regarding end of life decisions for patients or loved ones.
738 - White Collar Crime in Health Care: Seminar (2). This seminar provides an opportunity for students who are interested in white collar criminal issues and/or in health law to examine one of the top priorities of federal and state enforcement officials: fraud in the delivery of health care. Initially, students are introduced to the major civil and criminal laws that are used to combat health care fraud, including the Medicare and Medicaid Anti-Kickback Statute, the civil and criminal False Claims Acts, mail and wire fraud, conspiracy, false statements, money laundering, and the Racketeer Influenced and Corrupt Organizations Act ("RICO"). After this introduction, classroom discussions focus on some of the major topics in health care anti-fraud enforcement efforts, such as corporate liability, compliance programs, sentencing, and the effect of managed care on health care fraud. Grading is based on a 12-15 page research paper, an in-class presentation of the student's research, and preparation and participation in class sessions. There is no final examination. Prerequisites: Students must have completed the basic Criminal Law class in order to enroll in this seminar. Introduction to Health Law is recommended, although not required. Students who have not taken Introduction to Health Law will be required to attend an additional session designed to introduce them to the basic Medicare and Medicaid anit-fraud provisions. (Pomerance)
739 - HIPAA and Health Care Privacy Law Seminar (1). This seminar will provide students with (1) an understanding of the historical legal basis for privacy of health and other personal information, (2) a review of statutory and regulatory frameworks for the privacy of health information, (3) an examination of the developing case law, and (4) a survey of emerging issues in health information privacy. In addition, the seminar will offer a practical approach to understanding the privacy and security requirements under the Administrative Simplification Title of the Health Insurance Portability and Accountability Act of 1996. (Zacharakis)
740 - LL.M. Residency - Health Law (3). Open to: LL.M. students only. Prerequisites: none. This course is available to students who have completed a sufficient number of health law courses prior to enrolling in the LL.M. program. The lawyer/student works at a law firm or other site in the area of health care to learn the practice of health law. (Singer, Blum)
741 - Health Care Finance (1). Open to: J.D., LL.M., M.J., S.J.D., and D.Law students. Prerequisites: none. Students examine the general principles and techniques of financial management and accounting as applied to health care organizations. Considerable focus is placed upon definition, history, and methods by which providers of health care services are reimbursed by third parties. (Singer)
742 - LL.M. Seminar - Health Law (2). 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)
744 - Immigration Law, Policy and Health Care for Detainees (2). Immigrants are an important and integral part of the U.S. society, contributing both to the economy and diversity of the country. This course examines different aspects of Immigrant Health, including the racial and ethnic disparities in accessing health care, immigrants and health insurance coverage, Refugees and Asylees' health as well as studying the minimum standards of health care for immigrants at detention centers. It also focuses on the Disproportion (comparative study) between citizen's health and non-citizen's health and the effect of immigration on the health care system of the United States. Any student interested in health law, immigration law or would like to know more about immigrant health will find the course very informative. A final paper is required for the completion of the course. (Michael)
745 - Access to Health Care: Legal and Policy Considerations (3). Access to Health Care is designed to sensitize students to the plight of the uninsured and the medically underserved. Through a combination of readings, independent research and site visits we will explore the issues of health care access, and explore its root causes. As part of our exploration we will examine the issues of poverty, racial and ethnic disparity in medical treatment and holes in the social safety net.
This course generally meets during the week of Spring break and involves travel out of state, or at least away from the immediate Chicagoland area. For example, in 2007, students traveled to New Orleans for site visits and lectures while in 2006 they toured downstate Illinois.
A paper will be required for successful completion of the course. Students should plan to pay for travel, food and lodging expenses in addition to tuition. (Singer)
746 - Health Law Field Study (1). The Health Law Field Study is a course which entails students conducting a research project on a health care regulatory policy topic. The research project will be based on a site visit to a domestic or foreign jurisdiction. During the one to two week site visit, students will attend lectures and meet with key representatives in their area of research. Field studies will generally be concerned with regulatory topics and will contain a strong comparative component. (Blum)
747 - Law, Medicine and Human Rights: The Case of Iraq (1). This course is taught by Dr. Rami Michael, is an Iraqi citizen who has worked closely with the U.S. Army on creating a public health system in his country. This course will focus on the public health and human rights challenges faced by a worn torn country. In doing so, the course will examine pre- and post-war Iraqi society, including the impact of the global sanctions on the country and the significant challenges posed by creating a public health system in the midst of war. Students interested in comparative health law or public health and human rights issues - or simply desiring to learn more about Iraq - will find this course fascinating. (Michael)
748 - Public Health Emergency Law (2). This course is taught by Dr. Rami Michael, is an Iraqi citizen who has worked closely with the U.S. Army on creating a public health system in his country. Today the whole world focuses on emergency public health issues particularly after what we experienced from international and local/political and natural disasters following the Katrina hurricane, the war in Iraq and most recently, concern about the spread of avian flu. This class is designed to study different legal aspects of public health emergency preparedness and response to such disasters.
Students interested in health law and policy will find this class especially relevant during this critical period of history. All students will expand their knowledge about different articles of public health law (particularly in emergency situations). Students will become familiar with public health measuring tools and statistics, learn the legal obligations governing the availability of medical services in emergency times and examine the level of emergency preparedness in our region. We will also examine past responses to emergency situations and explore lessons derived from those experiences.
The class will be conducted on the following basis: Students are expected to attend seminars once/week, as well as participate in site visits to public health departments in the Chicago land area. A final exam will be required for the completion of this course. (Michael)
750 - LL.M. Paper - Health Law (3).
Open to: J.D., LL.M., M.J., S.J.D., and D.Law students. Prerequisites: none. Each LL.M. 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. Students' papers will be considered for publication in Loyola's Annals of Health Law. (Singer, Blum)751 - LL.M. Paper Supervision - Health Law (3). Open to: LL.M. students only. Prerequisites: none. LL.M. students who do not complete the LL.M. Paper within the requisite period of time must register for this class each semester until the paper has been accepted by the advisor. (Singer, Blum)
760 - Disability Law (2/3). This seminar is designed to introduce students to a range of disability law topics, including the rights of the disabled under the federal Rehabilitation Act, the Americans with Disabilities Act, the Architectural Barriers Act, and the Fair Housing Act. State remedies for discrimination against the disabled will also be explored. Students have the option of taking this seminar for 2 or 3 credits. Credit for this course will be based on a paper, a community service project, or a combination of the two. Community service projects may include (but are not limited to) the following: conducting intake interviews for a non-profit that provides legal services to the disabled, tracking state and federal legislation on disability issues, or conducting presentations on the rights of the disabled. (Angelari)
763 - Medical Informatics and Electronic Health Care Seminar (1). This course concerns the legal issues encountered in the creation and operation of electronic interfaces between patients and the health care system. Common and statutory law elements will be reviewed in the development of electronic medical records, uses of electronic elements in medical practice, institutional health care information systems, inter-institutional record systems and legalities involved in large databases. (Teske)
764 - International Public Health Law (2). 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)
770 - Doctoral Dissertation Research I (2). Open to: S.J.D. and D.Law 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)
772 - Doctoral Dissertation Research II (2).
Open to: S.J.D. and D.Law 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)773 - Doctoral Dissertation Supervision (0). Open to: S.J.D. and D.Law 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, format or style) 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)
788 - Contracts for Health Care Professionals (2). Open to: M.J. students. Prerequisites: none. This course examines fundamental principles of contract law, illustrated primarily through a study of cases drawn from the health care industry. Students will learn how to draft and interpret contracts as well. (Voss)
790 - M.J. Introduction to the Law - Health Law (2). Open to: M.J. students only. Prerequisites: none. Students are introduced to the structure of the legal system and legal analysis techniques, and begin to refine their writing skills. Basic legal concepts from torts, administrative and constitutional law are explored to provide students with a background for future studies. (R. Lopez-Cepero)
791 - Legal Research and Writing for Health Law Students (3). Open to: M.J. students only. Prerequisites: none. This course provides an introduction to legal research and writing methods with a focus on health law cases and problems. Students work on a variety of exercises to develop familiarity with care research areas. (E. Cepero)
792 - Torts for Health Law Students (3). Open to: M.J. students only. Prerequisites: none. A basic course in the substantive law governing compensation for injuries to property and person with a focus on medical malpractice issues. The course is taught using a traditional case method with a focus on procedural issues, as well as specific tort law principles. (Norington-Reaves)
793 - Health Care Regulation (2). Open to: M.J. students only. Prerequisites: none. This course reviews patient representation issues in the context of judicial advocacy and public policy formation. The course includes exploration of patient rights in the context of federal opinions and statutory enactments. In addition, the course focuses on patient advocacy organizations and the various strategies they develop to represent this interest group. The role of government in health care is explored through a review of major government health programs, particularly Medicare and Medicaid, with a focus on the fundamentals of legislative and administrative processes in health policy development and implementation. Issues to be explored will be drawn from the wide array of health matters in which governments are involved.
794 - Health Care Structures (2). Open to: M.J. students only. Prerequisites: none. This course reviews business organization law in the context of health care entities. Particular focus is placed on corporate law issues faced by hospitals, managed care organizations, and medical groups. (Singer)
796 - Health Care Dispute Resolution (2). Open to: M.J. students only. Prerequisites: none. This course explores both the substantive and procedural law of medical negligence litigation and alternative dispute resolution. The primary methodologies used in ADR, arbitration, and mediation are reviewed through a series of case examples. (Babbo)
797 - Risk Management in the Health Care Environment (2). 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 study analysis students will learn to identify legal, ethical, administrative, and risk management issues and to reach resolutions for the problems presented. (Youngberg)
798 - Corporate Compliance in the Health Care Industry (2). This course is designed to expose M.J. 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. (Carroll, Shewchuk)
799 - M.J. Thesis Project in Health Law (3). Open to: M.J. students only. Prerequisites: none. Students are expected to complete a thesis project of substantial depth that explores a specific area of health law and integrates a number of legal subjects covered in the M.J. curriculum. The project is completed in close cooperation with a faculty advisor. (Zacharakis)
