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Law and Ethics in Health Care

Module name (EN):
Name of module in study programme. It should be precise and clear.
Law and Ethics in Health Care
Degree programme:
Study Programme with validity of corresponding study regulations containing this module.
Applied Health Sciences, Bachelor, ASPO 01.10.2023
Module code: AGW23.8
SAP-Submodule-No.:
The exam administration creates a SAP-Submodule-No for every exam type in every module. The SAP-Submodule-No is equal for the same module in different study programs.
P311-0275, P311-0276
Hours per semester week / Teaching method:
The count of hours per week is a combination of lecture (V for German Vorlesung), exercise (U for άbung), practice (P) oder project (PA). For example a course of the form 2V+2U has 2 hours of lecture and 2 hours of exercise per week.
6V+3S (9 hours per week, accumulated)
ECTS credits:
European Credit Transfer System. Points for successful completion of a course. Each ECTS point represents a workload of 30 hours.
9
Semester: 2
Duration: 2 semester
Mandatory course: yes
Language of instruction:
German
Assessment:
Exam achievement (23.8.1 und 23.8.2); proof of successful completion (23.8.3)

[updated 30.10.2023]
Applicability / Curricular relevance:
All study programs (with year of the version of study regulations) containing the course.

AGW23.8 (P311-0275, P311-0276) Applied Health Sciences, Bachelor, ASPO 01.10.2023 , semester 2, mandatory course
Workload:
Workload of student for successfully completing the course. Each ECTS credit represents 30 working hours. These are the combined effort of face-to-face time, post-processing the subject of the lecture, exercises and preparation for the exam.

The total workload is distributed on the semester (01.04.-30.09. during the summer term, 01.10.-31.03. during the winter term).
135 class hours (= 101.25 clock hours) over a 15-week period.
The total student study time is 270 hours (equivalent to 9 ECTS credits).
There are therefore 168.75 hours available for class preparation and follow-up work and exam preparation.
Recommended prerequisites (modules):
None.
Recommended as prerequisite for:
AGW23.13
AGW23.14 Care Management and Evidence-Based Practice
AGW23.17
AGW23.18
AGW23.19


[updated 04.09.2023]
Module coordinator:
Studienleitung
Lecturer: Studienleitung

[updated 18.07.2023]
Learning outcomes:
Module 23.8.1: Social Law and Guardianship
 
After successfully completing this module, students will:
• be familiar with the law on social benefits.
• be familiar with the legal structures of health care provision within the system in general, as well as in the field of risk-related institutionalization of healthcare.
 
• be able to identify health policy conflicts of interest in individual legal controversies of social law design.
 
• be able to identify basic social insurance law, hospital law and home law issues.
• understand the legal framework of hospital care and hospital law.
• be familiar with the legal system underlying the law governing nursing homes, in particular the Nursing Home Act and the ordinances corresponding to the Nursing Home Act, e.g. the Ordinance on Nursing Home Staff, the Ordinance on Nursing Home Insurance and the Ordinance on Nursing Home Participation.
 
• be familiar with the basic principles of guardianship law.
• be able to recognize problems related to the law of guardianship in professional practice.
• be able to identify essential problems, possibilities and limits of advance directives (living will, health care proxy, care proxy).
 
 
  
• be able to apply the basic knowledge of social security and care law acquired in the module to case studies.
• be able to discuss case solutions against the background of social security and guardianship law.
 
  
• be able to justify their own professional actions on the basis of social security and care law.
 
 
Module 23.8.2: Law in Health Care
 
Learning outcomes:
After successfully completing this module, students will:
 
   
 
   
• be familiar with the legal framework and regulations of the various areas of law for stakeholders in the German health care system.
 
• understand the basic features of health care law.
• be able to explain the Medicines and Medical Devices Act.
• understand the basics of contract and liability law relevant to the health care industry.
• be able to recognize legal issues in patient care (patient rights, patient care, delegation, liability law).
• be familiar with the structures and tasks of the public health service.
• be able to list patient rights.
 
  
• be able to discuss legal requirements from the provider´s perspective.
• be able to research and apply EU regulations regarding health care law.
• be able to apply basic principles of health care law.
• be able to implement occupational safety specifications.
• be able to resolve simple legal issues in health care.
 
  
• be able to perform public health service duties (e.g., mandatory reporting).
 
  
• classify issues in the work environment from a legal point of view and manage them, while taking the legal consequences into account.
 
 
23.8.3 Ethics
 
Learning outcomes:
After successfully completing this module, students will:
 
  
 
   
• be familiar with essential points of reference of ethics in health care (historical-critical perspective).
• be familiar with the terminological and conceptual foundations of philosophical theories of ethics that are important for health care and the most important approaches and currents in bioethics.
 
• be able to describe relevant ethics from different domains.
• be able to inform themselves with regard to the German Ethics Council (organization, Ethics Council Law, tasks, publications, events, topics).
  
• be able to describe ethical decision-making models and methods.
• be familiar with the process and methods of ethical case discussions.
 
  
• be able to recognize ethical issues/problems in everyday professional life.
• be able to analyze and evaluate ethically relevant problems from the field of health care.
• be able to work independently on ethical issues in the field of health care and develop possible solutions based on an ethical decision-making model.
 
• be able to present and explain their results.
• be able to moderate an ethical case discussion.
 
  
• be able to actively participate in an ethical discourse and contribute constructively to a group’s learning process.
• be able to make decisions in the above-mentioned contexts in a communicative manner and justify them rationally.
• be able to participate in discussions using ethical principles as a framework.
• be able to take individual and societal value orientations from their social environment into account and integrate them into the ethical discourse.
 
 
  
• have developed a basic understanding of the ethical dimensions of human action.
• be able to justify their decisions on the basis of responsible ethics.
• understand value-based and ethically reflective professional practice.
• be aware of their own value orientations as the basis for their actions.
• be able to take a critical position with regard to the problems mentioned, as well as in questions concerning fundamental moral and justice issues in the health care system.
 
• be able to follow national and international ethical discourses related to health care.


[updated 30.10.2023]
Module content:
Module 23.8.1: Social Law and Guardianship
 
Module content:
 
Term: Social security law
2. Systematic structure of the social security law
•  Definition of terms, introduction to social security law, structure of social security
3. Social Data Protection (German Social Code X (SGB X))
• Definitions, data collection, data processing and use
• Organizational measures for the protection of social data, rights of those affected, data protection officers; special legal provisions on social data protection in SGB V and SGB XI
   
4. Statutory Health Insurance (SGB V)
• Origins of statutory health insurance
• The insured
• Services provided by statutory health insurance:  Benefits in kind, services, cash benefits,
  health promotion and disease prevention, medical treatment,  Krankengeld (sickness benefits), pregnancy and maternity benefits, financing for statutory health insurance, statistics
 
5. Rehabilitation and Participation of Disabled People (SGB IX)
• Introduction to the topic
• Self-determination and participation in life in society: General regulations, participation benefits, participation benefits of rehabilitation providers in detail
   
6. Social Care Insurance (SGB XI)
• Origins of social care insurance
• Long-term care benefits according to other legal provisions of German social law, filing an application, long-term care assessments, the long-term care levels, distinguishing features, legal remedies, benefits of home long-term care insurance, ongoing benefits, additional ongoing benefits, additional benefits if required, financing of long-term care insurance,
 
  
  Statistics
7. Hospital law
• Investment promotion, hospital planning and remuneration systems, opening hospitals, medical care centers/integrated care
   
8. Nursing home law
• Das Heimgesetz (Nursing home act), the regulations (especially with regard to care personnel, insurance and the participation of nursing home residents)  
1. Guardianship/care law
• The nature and conditions of guardianship
• The legal status of the patient
• The legal effects of guardianship, in particular the requirement of consent
 
• Begin, duration and end of guardianship
• The scope of caregiver duties with a special focus on health care and the right of residence
    
• The competences and limits of the caregiver
  
 
• Urgent case regulations/universal jurisdiction of the guardianship court
2. Living will - Precautionary power of attorney - Advance care directive
• On the importance of self-determination and autonomy at the end of life
• Types of advance directives (living will, precautionary power of attorney, care directive)
• Prerequisites for the effectiveness of a patient decree/power of attorney
• The binding force of the patient decree/precautionary power of attorney vis-à-vis the authorized representative/caregiver/physicians/nursing staff
   
 
 
Module 23.8.2: Law in Health Care
 
Module content:
• The basics of law in health care
• Stakeholders, services and financing in the German health care system, relevant areas of law
• Legal framework for payers
• Service provider rights
• Contract and liability law
• Malpractice
• Informed consent
• Patient rights
• Medical criminal law
• Administrative and appeal proceedings
• Medicines and Medical Devices Law
• Structures and tasks of the public health service
• Occupational health and safety
 
 
23.8.3 Ethics
 
1. Basics of Anthropology
2. Basic concepts of ethics and classical value orientations of action (instrumental rationality (functional orientation); the good life (eudaemonia; individual orientation); justice (general orientation)
 
3. Philosophical theories of ethics
4. Applied ethics (e.g. medical ethics, nursing ethics, bioethics)
5. “Deutscher Ethikrat” (German Ethics Council)
6. Ethische decision making and methods
7. Ethical case review and facilitation

[updated 30.10.2023]
Teaching methods/Media:
Blended learning

[updated 30.10.2023]
Recommended or required reading:
Will be announced at the beginning of the module.

[updated 30.10.2023]
[Sun May 19 13:07:04 CEST 2024, CKEY=arueig, BKEY=agw, CID=AGW23.8, LANGUAGE=en, DATE=19.05.2024]