Course Descriptions
711 - Corporate Transactions in Health Law (3). 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)
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 (2-3). Students will explore the issues arising from the advances in biological science and technology as they impact the legal rights and responsibilities of patients, health care 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. (Sawicki)
717 - Mental Health Law (2). This course introduces students to the cases, statutes, and legal doctrines relating to the rights, treatment, and incarceration of mentally ill and mentally retarded persons. Topics covered include: competency to stand trial, insanity defense, defense of drugged or intoxicated condition, right to refuse treatment, right to marry and procreate, and psychiatric malpractice. Students will discuss real-life cases and examples to compare and contract application of the law and policies. (Cohen, Monahan)
718 - Life Sciences, Research, and the FDA (2). 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 research and development of pharmaceutical drugs and devices and the role of the FDA in regulating this process. Topics covered will include genomics, personalized medicine, the FCPA, basic patent and intellectual property issues, and financing. Students will learn to analyze the FDA approval process. (Zacharakis)
719 - Health Care Labor Law and Employment (1). 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)
720 - Health Care Payment and Policy (2-3). Health Care Payment and Policy covers the types of health care payors and the relationships between them, including HMOs, PPOs, CMPs, Medicare and Medicaid, and other managed care arrangements. Topics will include utilization review, ERISA, agency doctrine, and payor operational and contracting issues. Students will become familiar with managed care contracts and analyze health care plans and policies. (Blum)
723 - Law and Public Health (2-3). This course 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 (1). This course will cover antitrust aspects of the operation of health care institutions. Topics will include medical staff privilege, hospitals mergers and joint ventures, trade association activities, and managed care contracts. (Marx)
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.
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.
729 - Health Care Litigation and Medical Malpractice (2). This course will cover key areas of health care litigation. Students will explore the substantive and procedural law of medical negligence litigation and perform pretrial and trial tasks, including drafting pleadings and motions, arguing motions, and deposing experts. Additional topics will include compliance and internal investigations, licensing procedures, technology litigation, managed care litigation, and ERISA preemption.
730 - Government Health Policy (2). 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)
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).
732 - Physician Self Referral Law (1). This course covers federal physician self-referral law, commonly known as the Stark Law. Students will learn about the statutes, regulations, and advisory opinions that define the limits of physician referrals. (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.
739 - HIPAA and Privacy Law (1). This course covers the Health Insurance Portability and Accountability Act and the statutory and regulatory framework for the privacy of health information. Students will learn about the historical basis of privacy and developing case law in the area. Other topics will include data security, oversight, and breaches. (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 Business and Finance (3). 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)
742 - LL.M. Seminar - Health Law (1). 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)
745 - Access to Health Care (2-3). Access to Health Care is designed to sensitize students to the plight of the uninsured and medically underserved. Topics covered will include poverty and racial and ethnic disparity in medical treatment. This course involves travel for site visits over the week of Spring Break. A paper will be required for the successful completion of the course. Students should plan to pay for travel expenses. (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)
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). 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)
763 - Health Care Informatics (1). This course will cover the legal issues surrounding the creation and operation of electronic interfaces between patients and the health care system. Topics will include statutory and case law applicable to electronic medical records, uses of electronic elements in medical practice, and institutional health care information systems. (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)
767 - Health Care Industry Seminar (1).
Students will independently study one healthcare facility to gain in-depth knowledge of key operational and legal issues. Facility choices will include hospitals, mental health facilities, long-term care facilities, specialty hospitals, ambulatory surgery centers, HMOs, insurance companies, and Medicare/Medicaid programs. Students will work with a course adviser to develop the scope and topic of their research. Students will conduct research and prepare a paper and professional presentation on the key legal issues surrounding the operation of their selected vehicle. (Singer)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)
775 - Physician Regulation (1).
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)793 - Administrative Law and Health Care Regulation (3). 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.
797 - Risk Management, Patient Safety, and Quality (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 studies 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)
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. (Clark, Zacharakis)
Health Policy Practicum (1-3). This course addresses key policy challenges facing the health care industry. Students meet in class once each week to discuss the role of policy and private law in the health care industry. Additionally, students work with health law organizations to identify policy needs and write policy papers and proposals.
