School of Law

Law and Healthcare Courses Open for Registration to Graduate Students

Conflict Resolution in Health Care
This course will allow a multidisciplinary group of students to examine the theories of conflict resolution, sources of conflict in health care, their personal orientation to conflict and styles of conflict resolution, and various methods of resolving conflicts in health care settings.  Specific types of conflicts to be examined include professional/patient/staff relationships as well as to institutional conflicts.  In addition, students will have opportunities, through simulations, to practice and develop new ways of conflict resolution.  The course will include a multidisciplinary faculty from the schools of law, medicine, nursing, and social work. 

Critical Issues in Health Care
This course is open to students from the Schools of Law, Medicine, Social Work, Nursing, Pharmacy, Dentistry and the graduate schools at UMB and UMBC.  The course is designed to:  (1) provide students with an opportunity to reflect on the legal, ethical and policy issues surrounding a number of health care delivery problems; (2) expose participants to the basic skills necessary to analyze problems from a legal, ethical and policy perspective; and (3) offer participants from different disciplines an opportunity to interact and share information and perspectives about their professions with one another.  A variety of teaching techniques, including case studies, simulations, and panel discussions will be used to explore such topics as medical malpractice, rights of patients to refuse treatment, informed consent and substituted consent in medical decision making, confidentiality v. duty to disclose medical information, regulation of experimental drugs, and health care reform.  The course will be taught by faculty from a variety of disciplines.  During the course, students will have an opportunity to work in multidisciplinary teams to analyze a particular health care problem and develop a position paper on a health care policy issue.  P: Health Care Law: The Provider-Patient Relationship, Health Care Law:  The Regulation of Legal and Financial Relationships, or significant work experience in the health care sector as certified by the instructor.  Students who have not taken the prerequisite should see Associate Dean Diane Hoffmann before registering for the course; she determines enrollment. 

Homeland Security:  The Interdisciplinary Study of Crisis and Health Consequences – Management Policy in the Era of Counterrorism
This special topics course focuses on current trends in policy development and public health responses to new threats to homeland security.  For example, whether dealing with issues of quarantine; or expediting governmental approvals for vaccines addressed to bioterrorism; or ensuring that the laws of intellectual property encourage health professionals to develop new medical products, lawyers and health professionals will be required to collaborate in ways heretofore unimagined in the academy and in government. Because of the unique proximity of the University of Maryland’s six professional schools and science graduate programs on the Baltimore campus and because of the extensive amount of interdisciplinary coordination among the faculty of those schools, there is a unique opportunity here to bring together the foremost minds focusing on counterterrorism public policy development.  This interdisciplinary approach is further aided by the presence on campus of the University of Maryland Center for Health and Homeland Security “(CHHS”), which seeks to integrate and expand homeland security and policy being conducted within and among the campus’s school.

Law and Biomedical Sciences:  Scientific Research and the Law
The focus of this course will be the legal and ethical context of scientific practice, with special attention paid to the biomedical and behavioral sciences.  Included will be the regulation of research practices by federal administrative agencies, the oversight and integrity of scientific research, issues in research involving human subjects, scientific freedom, scientific property, and scientific liability.

Contemporary science takes place in a complex legal, financial, and social context.  This course will examine some of the ways that context shapes how science works.  The course will also look to some of the ways science can fail to work and how society conceives and responds to those failures.

For regulatory context, the course will look to basic aspects of funding, regulation, and oversight of research provided by the Department of Health and Human Services and some of its components.  For example, basic research and clinical trial regulations regarding National Institutes of Health (NIH) and Food and Drug Administration (FDA) regulated research will be addressed through standard regulatory materials—regulations, guidance, and other forms of agency decision-and policy-making.  Included, among others, will be Good Clinical Practice requirements pertaining to human subject research and federal and state patient/subject privacy issues.

With regard to questions of scientific integrity, the course will consider that regulatory context, but will also look to the courts and to the institutions and norms of science as providing standards and problems.  In that area, we will examine certain “case studies” from an interdisciplinary perspective—science, science policy, and science ethics sources as well as more straightforwardly legal ones will help us consider issues in both the responsible and problematic conduct of research.  Topics in the area of scientific integrity will include not just violations of—or compliance problems with—the basic human subject protections described above, but also such issues as peer review versus regulatory review, the responsible handling and dissemination of data, and problems in the replication of significant results.  Oversight and enforcement will be considered from federal sources down through those of individual research institutions and both formal and informal scientific institutions.

The case approach may be illustrated with the course’s treatment of United Sates ex rel. Cantekin v. Univ. of Pittsburgh, a qui tam action brought under the federal False Claims Act.  The case raises interesting questions about the disclosure of industry funding in university—and federally sponsored—research.  The case is also the tail end, rather than the center, of a dispute over data—a scientific, professional, and legal dispute over whether certain data mean anything and who gets to answer that question.  Our discussion will start not in federal court but in the journals.  In particular, we will consider an unusual pair of dueling journal articles regarding clinical investigation of the antibiotic treatment of otitis media with effusion (ear infections, with secretion).  From there, we will begin to consider how the institutions of science and the courts transformed and resolved the initial scientific (and probably interpersonal) dispute.

Finally, science is an activity that embodies risk and innovation even as it is essentially cooperative and collaborative.  Problems of publicity, ownership, and public/private distinctions are ubiquitous.  Certain issues and controversies in intellectual property law, cooperative research agreements, and technology transfer will apply here and will be considered from both a legal and scientific perspective.

Race, Civil Rights and Access to Health Care Seminar
When one thinks of civil rights and discrimination, the first things that come to mind are usually Brown v. Board of Education, police brutality, employment discrimination and racial profiling.  Health care is a forgotten frontier of civil rights.  This seminar will examine a range of civil rights challenges in the health care setting. How do race and ethnicity affect access to health care?  Is access to health care a civil rights challenge?  Is racial discrimination a problem that affects the health care profession?  The seminar will focus on the intersection between health care and civil rights in a variety of areas.

HLS:  eHealthcare – Privacy, Security and Technology
The Internet and other technologies now bring health care and health information to thepatient. Traditional notions of patient travel and physical presence being required fordiagnosis and treatment are challenged by telemedicine and the use of computertechnologies, and health information is available to patients on the web.  Most physicians and other caregivers and payors are required, because of standards adopted by the federal government, to conduct claims and other transactions in accordance with new and enhanced requirements. This seminar surveys the federal and state statutes and rules, and the (un)common law, applicable to the use of technology in connection with the health care delivery system of the United States, and focuses on the greater concern for the privacy, confidentiality and security of medical information. The perspectives of the health care professional, the patient, governments, managed care organizations, governmental and other payors, and the technology entrepreneur are considered. Topics discussed include the licensure and regulation of physicians and other health care providers, pharmaceutical and device prescribing and dispensing, reimbursement systems, malpractice claims, jurisdiction, preemption, conflicts, and terrorism. Federal and state agency oversight is considered, emphasizing activities of the Department of Health and Human Services including the Office for Civil Rights, the Centers for Medicare and Medicaid Services, and the Food and Drug Administration, and activities of the Federal Trade Commission, the Federal Communications Commission, and Department of Justice are also considered, as are state Medicaid programs. Laws, rules and policies analyzed include those relating to state professional licensure and regulation statutes, the Administrative Simplification Subtitle of the Health Insurance Portability and Accountability Act of 1996, the Gramm-Leach-Bliley Act, the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act (Patriot Act), the Can-Spam Act of 2003, the Medicare Prescription Drug, Improvement, and Modernization Act of 2003, the Electronic Signatures in Global and National Commerce Act (E-Sign Law), federal and state anti-fraud and abuse and false claims laws, and the United States Sentencing Commission Sentencing Guidelines for Organizations and related corporate compliance programs. Intellectual property concerns, the expanding law of cyberspace, health care listservs and chat rooms, and web site information dissemination and disclaimers, encryption and public key infrastructure, and the use of medical information in research and for marketing are also discussed. The application of the laws, rules and policies described above, and others, to health care delivery and payment generally, and to business transactions, financings, civil and criminal enforcement, and ethical rules applicable to the practice of medicine and the practice of law, from the technology perspective, are considered, as are contrasting foreign laws including those of the member states of the European Union, derived from the Data Protection Directive. Students may elect either to submit several research memoranda, or to submit one research paper that may be used to satisfy the advanced writing requirement.

Schedule of Law School Courses

Dual Degree Programs
A listing of Law School dual degree programs and interdisciplinary training opportunities is included in the Law School handbook beginning on page 19.
Dual Degree programs include:
JD/Ph.D (Policy Studies and Pharmacy School)
JD/Master of Community Planning
JD/Master of Arts in Applied and Professional Ethics
JD/Master of Arts in Criminal Justice
JD/Master of Arts in Liberal Education
JD/Master of Arts in Policy Studies
JD/Master of Arts in Public Management

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