2- Healthcare Law

1. (20 points) There have been many impacts to healthcare and healthcare law from the discovery of the HeLa cell line and the subsequent discovery that they were taken from Henrietta Lacks. List five ways in which healthcare or healthcare law has been changed by this case.

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2. (32 points) Read and brief the case Moore vs. the Regents of California (51 Cal. 3d 120, 1990). You do not need to turn in your brief, but you should use it to answer the following questions. You can answer Yes/No where appropriate.

a. According to the court, were Mr. Moore’s body parts his property?

b. Did the court say the analysis would change if they were taken wrongfully or not?

c. Did the court say that Mr. Moore was free to sell his body parts?

d. Look at 42 U.S.C. §274e. Does your answer to 2c. change?

e. What did the court say the doctors could do with Mr. Moore’s body parts?

f. What is conversion?

g. According to the court, did a conversion occur?

h. What is the holding in Moore?

3. (6 points) What is the statute of limitations in medical malpractice cases in Georgia and how does the discovery rule impact it?

4. (10 points) Dr. Bobbie Carr has completed her residency in family medicine in Georgia and is licensed in Georgia to practice medicine. However, she is considering applying for a fellowship in pediatrics at the Boson University. After her fellowship is over, she wants to join a private practice.

a. What does she needs to know about transferring her license and whether she can practice medicine in Massachusetts?

b. (10 points; Extra Credit). Using the internet find and list what exact documents and items she needs in order to obtain a license from Massachusetts.

c. What are three reasons that a physician’s license to practice medicine may be revoked?

5. (32 points) Your law firm has been hired by a new client. The client’s name is Clayton Nephrology (NF). There are 3 doctors that are shareholders in NF. Your client is considering expanding and wants to create a full-service imaging division. The practice wants to increase its revenue streams by opening up its services to all types of patients. For medical billing purposes, it wants to make the new practice its own legal entity. Some of its patients will be able to be billed out of both entities. Two of the doctors in NR will own this new practice.

a. Your supervising attorney knows that there could be a Stark issue here. In one sentence, what is the purpose of the Stark law (42 U.S.C. § 1395 et. seq.).

b. Summarize what did Union General Hospital do to violate the Stark law and what was the outcome of its Stark law violation?

c. What does the federal government say are the five most important fraud and abuse laws?

d. Based on the information from your textbook and the Blackboard video in Chapter 4 Stark vs Anti-Kickback vs Fee-Splitting what does your firm need to advise the client about in order to stay in compliance with Stark?

e. Which business entities should they consider for this new practice?

f. What is the difference between a solo practice and a sole proprietorship?

g. What are some reasons a physician may wish to terminate a medical contract of care for a patient?