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George Mason University
Health Administration and Policy
HAP 312
Thomas Hoffman

HAP 312 Notes Class 1: 1/28/2014 CHAPTER 1 SOURCE OF LAW Where do you find it? Who do you work with? What does it mean? The Basics: Sources of Law: -Constitution- sets standards against which all other laws are judged -Statutes- are positive law enacted by a legislative body. Because our federal system is imbricate with national, state, and local jurisdictions, the legislative body may be Congress, a state legislature, or a deliberative assembly of local government (eg.Acounty or city council) -Administrative law (regulations)- is the type of public law that deals with the rules of government agencies -Judicial decisions (“common law”) the last major source of law.All legislation, whether federal or state, must be consistent with the US Constitution -The three branches of government - The legislature (Congress) has the power to enact statutes - The executive branch has the power to enforce the laws - The judiciary has the power to interpret the laws Structure of the Court System: HAP 312 Notes Types of law: Public law- concerns the government and its relations with individuals and businesses Private law- refers to the rules and principles that define and regulate rights and duties among persons. Due Process- 14 Amendment ( state and federal law) Notice charge? Opportunity to be heard Administrative  licensure  certificate of need- Structure of the Court System: Supreme court Court ofAppeals (region 1, region 2 , region 3) 3 Trial courts under each region 2-3 trial courts under this Trial case- Simkins v. Moses H. Cone Mem. Hospital Moses H. Cone Memorial Hospital and Wesley Long Community Hospital who participated in the Hill- Burton Program are being brought to court for racial discrimination against six negro physicians, three negro dentists and two negro persons in need of medical treatment. The hospitals’applications for medical grants through the Hill- Burton program clearly stated that “certain persons in the area will be denied admission to the proposed facilities as patients because of race, creed or color” . These applications were approved by the Surgeon General of the United States, under his statutory authorization. Both hospitals are nonprofit and are governed by board of trustees, so they have minimal contact with the government ( only through the Hill-Burton program). The hospitals received the funds through a “state plan” for hospital construction, which allocated resources to the hospital and authorizes the defendants to exclude Negroes. For a state to participate in the Hill-Burton program, it is required that they submit for approval by the Surgeon General a state plan setting which is for “ hospital construction and meets the requirements as to lack of discrimination on account of race, creed or color”. However, the act authorizes the Surgeon General to provide an exception to the general racial nondiscrimination rule if the hospital is separated for those of color ,where a “separate but equal” plan is in operation. Giving recognition to its responsibilities for public health, the state HAP 312 Notes elected, not to build publicly owned hospitals which could avoid the legal requirement against discrimination. Class 2: 2/4/2014 CHAPTER 3 Trial case- Stowers v. Wolodzko The case addresses complicated issues concerning the liability of a doctor for actions taken to a person’s confinement in a private mental hospital. The plaintiff, a housewife who lived in Michigan with her husband and children, was planning on divorcing her husband due to marital difficulties. On December 6, 1963, the defendant, Dr. Wolodzko appears at eh plaintiffs home and introduces himself as “Dr. Wolodzko”. The plaintiff states that the man came into their house, saying he had been called by her husband regarding his back. The plaintiff then says the the doctor tries to ask about her husband’s back and she tells him to go ask him instead. She testified that he never told her he was a psychiatrist. Dr. Wolodzko stated in his deposition that he told the plaintiff he was there to examine her, but upon questioning in the court he could not state “specifically” when he told the plaintiff that he was there to examine her.After a domestic quarrel with her husband, the policewoman suggests the plaintiff to speak with Dr. Wolodzko, at this time he informs her that he is a psychiatrist. On December 30, 1963, defendant Wolodzko and Dr.Anthony Smyk apparently at the request of the plaintiff’s husband and without the plaintiffs knowledge or authorization sign a sworn statement certifying that she is mentally ill. On January 4, 1964, the plaintiff is committed toArdmoreAcres, a privately operated institution. Both parties are in agreement on what happened atArdmoreAcres. The defendant req
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