Central
European University A Program
for University Teachers, Advanced Ph.D. Students, Researchers and Professionals
in the Social Sciences and Humanities Summer University
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Central
European University A Program
for University Teachers, Advanced Ph.D. Students, Researchers and Professionals
in the Social Sciences and Humanities Summer University |
          
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download course description (44 kB) Health Care Law from a European Perspective 9-20 July, 2001 Organised in co-operation with:
Course directors:
Resource persons:
Biographies Judit Sándor Ms. Sándor PhD, teaches medical law, health care law, human rights, legal policy and medical ethics at the Central European University, Budapest. Her research fields include: medical liability, reproductive rights, genetics, anti-discrimination laws.Werner B.F. Brouwer Werner Brouwer is a health economist, who works at the Department of Health Policy and Management and the institute for Medical Technology Assessment of the Erasmus University Rotterdam since 1996. He is also editor-in-chief of the VGE-Infobulletin, the quarterly journal of the Dutch/Flemish Health Economics Association.Martin AJM Buijsen Lecturer in health law at the Erasmus University in The Netherlands. Martin Buijsen is a legal scholar as well as a philosopher. He has written on a wide range of subjects. His publications include articles on medical experiments involving human beings, the legal and ethical aspects of clinical guidelines and the monitoring of illegal drug markets. Sarah Elliston Assistant Director of the Institute of Law and Ethics in Medicine and Lecturer in Medical Law, University of Glasgow. Her main interests are: Human Reproduction and the Law, Law and Ethics, Genetics and the Law.André den Exter Is a research fellow at the Erasmus University Rotterdam, the Netherlands. He is writing a Ph D thesis on health care legislative reforms in several Central and Eastern European countries.Henk ten Have Henk ten Have, MD, PhD is physician and philosopher. He is working as professor of medical ethics, and head of the department of Ethics, Philosophy and History of Medicine, Faculty of Medical Sciences, Catholic University of Nijmegen, the Netherlands. He is secretary of the European Society for Philosophy of Medicine and Health Care, and Editor of 'Medicine, Health Care and Philosophy'. Bert Hermans Associate professor in Health Law at the Erasmus University Rotterdam, the Netherlands. His research is concentrated on health insurance law and European (health) law. He is (co-)editor and author of several books and articles on health care in Europe. Ernst Hulst Lecturer at the Erasmus University Rotterdam. He has specialised himself on liability law, environmental law, patients’ rights and health insurance. He has published on these subjects frequently. Furthermore, he is a member of the committee for education of medical-ethical committees. Stephen MacKenney studied law at Cambridge University, graduating in 1993. After qualifying as a Barrister, he joined the Department of Health in January 1995. He was initially based in the Department of Health in London working on a variety of policy issues including smoking, alcohol and drug prescription fraud. He was then seconded to the European Commission in Brussels for six months to work on free movement of Health Professionals, before moving to the NHS Executive in Leeds in autumn 1997. He has since covered a number of areas, including the Pharmaceutical Drugs Bill, General Medical Services & Primary Care finance. More recently his work has focused on all areas around patient and public involvement and the quality of the "patient experience" in the health service, and Stephen has concentrated on developing his expertise in this area. This has led to regular involvement in international patients’ rights networks through the WHO and Health Care Sans Frontières, and Stephen is currently seconded to the Health Service Management Unit at WHO to work on this area. He has delivered presentations on the subject to a number of audiences internationally, both governmental and academic, including in Greece, France, Germany, Spain, Belgium and Morocco.
Course objectives In general, the course ‘Health Care Law from a European perspective’ aims to increase the knowledge, understanding and experience of students in health care law (including medical ethics). The module attempts to make students (law students, health policy makers and other interested persons) acquainted with both national and international dimensions of health care law. Its relevance to Central and Eastern European students concern the effects of international (e.g., European Union) regulation on national legal decision-making. As such, the course attempts to contribute in the further development of legal education in Central and Eastern Europe (SUN mission statement). At the same time, the course aims at exchanging knowledge and experiences between both scholars and students all over Europe. Such an exchange from other countries can enhance understanding of the meaning behind health care legal and ethical principles and provides an avenue for shared advice among those countries with commonalties in their systems. To fulfil the stated mission of SUN, the course’s education programme is aimed at: (i) promoting further development of legal science by:- increasing knowledge of general concepts and ideas of international health care law; legal theoretical principles of international health care law; tasks and role of international organisations, national governments and private institutions as concern regulating the rights of insured and patients; content of relevant international documents concerning cross border care; - increasing understanding of basic principles of health care law and ethics; major dilemmas in the area of patients’ rights, tensions as concerns international versus national law, and relevance of national and international case law; - increasing experience in managing legal norms and case law for new problems due to the introduction of (newly emerged) patients’ rights, cross border care and social health insurance reforms, (ii) mobilising a collaborative network of legal scientists. Such a network will provide an extraordinary opportunity to share scientific knowledge and expertise with partners all over Europe. The academic discourse can enhance understanding of health care principles and provide an avenue for shared advice among various countries with commonalties in their systems. The resource persons participate in the European Centre for Advanced Legal Studies in Healthcare, Erasmus University Rotterdam (the Netherlands). The aims of the centre is to exchange knowledge and experience by building partnerships and to collaborate in education, training and retraining programmes of health personnel on various legal issues in health care. This network of European health lawyers has the expertise to initiate a new course ‘Health Care Law in an European Perspective’ and aims to contribute to theory formation through basic research, as applied research can inspire the formation of theory.
Description of the course content The programme is the result of the co-operation between European scientists from Budapest, Glasgow, Gothenburg, Nijmegen, and Rotterdam. The Intensive programme on Health Care Law from an European Perspective aims at bringing together (graduated) law students, health policy makers and teachers from different European countries and to enhance co-operation and the exchange of ideas. Participants are offered the opportunity to obtain knowledge of selected topics of health care law and ethics from an European perspective. Also they will acquire knowledge of solutions found in different European countries for common problems. The academic study of health care law is a relatively young discipline. Although no consensus has yet been reached as to its proper scope, in general, an extensive definition of health care law is ‘law concerning health care’. It can be characterised as a functional discipline, i.e. defined by the various manifested legal aspects. As such, health care law can be considered as a legal specialisation including a cross section of specific legislation, civil, administrative and penal law. It embraces not only the practice of medicine (medical law), but also that of non-medical health care professions, the administration of health services and the law’s role in maintaining public health. It also means that the concept of ‘law’ in this context must be examined carefully. Legal rules in strict sense, as developed by Parliament and the courts, are not the only type of binding norms that is relevant to health care law. In this respect international agreements on human rights should also be mentioned. For practical purposes, the most significant of these are: the International Covenant on Civil and Political Rights (1966), the European Convention for the Protection on Human Rights and Fundamental Freedoms (1950), and recently the Convention on Human Rights and Biomedicine (1997). In such a broad legal framework in which health care law operates, the significance of human rights law and European law is growing. Since the late 1980s, more and more European countries have committed themselves to adopt new legislation promoting and ensuring the rights of patients. Particularly in Central and Eastern Europe, drastic health care system reforms have revealed the need for ensuring patients’ rights. Knowledge and understanding of these norms is therefore essential before transforming in a national setting. Hence, the course attempts to make students acquainted with both the national and international influence (World Health Organisation, European Union, and Council of Europe) on health care at different levels. For the position of patients and insures it is relevant to know the reason for this intervention, what tensions it may give rise to and what are the possible solutions. Particularly the influence of the European Union on health care is becoming more prominent in (future) member states. Leading cases for the European Union Court of Justice have increased the European dimension of health care, in particular as concern cross border care. It is expected that in the near future, new rulings will increase the possibilities of cross border care, and therefore, increase the international dimension of health care. Legal aspects of cross border care concern the nature, scope, quality, location, organisation and financing of provided care. Knowledge of the specific regulations (i.e. co-ordination directives on social security) and relevant case law is necessary to clarify the legal position of the insured and patients in practice. The legal aspects of cross border care are closely related to the economical perspective. To understand the concept of cross border care in extenso, an economic introduction to cross border care is included. Finally, the opted themes of the course ‘Health Care Law from a European Perspective’ have been inspired by the close relation which exist, ought to exist, between education and practice of health care as well as education and research. Almost in every function in health care, one will be confronted with health care law (patients’ rights, regulation concerning the organisation and financing, quality regulation and international treaties and documents). Knowledge and understanding of these issues is therefore a necessity. Particularly, the international dimension of regulating health care, its motives, content and effects, cause key problems that national governments and health insurers are facing for many years. Course level, target audience The course is intended for participants with certain knowledge of and (working) experiences with health care law (legal students, lawyers, health policy makers and other interested persons). During the workshop sessions, the discussions require an intensive preparation of the prescribed literature and an active role of all participants. Syllabus The programme is divided in seven sections: In section 1, general health care legal concepts will be discussed, with special attention to the international doctrine. Section 2, concerns a more specific discussion about one of the legal cornerstones of health care rights, the right to access to health care in a national and international perspective. In section 3, common problems in financing and organising health care systems will be discussed, with special attention to market competition reforms in various European countries. In section 4, recent developments in European Community law will be discussed, with special attention to cross border care and health insurance dilemmas. In section 5, the nature and scope of patients’ rights will be discussed, with special attention to issues such as informed consent, medical confidentiality and medical research. In section 6, the ethical dimension of patients’ rights will be discussed, in particular choices in health care. In section 7, questions of medical malpractice and (civil) liability will be examined. Apart from the role of medical disciplinary law and procedures for handling complaints.
Theme I An Introduction to Health Care Law
Theme II The Right to Health Care
Theme III Regulating the Financing and Organisation of Health Care Systems:
Theme IV Recent developments in European Community law
Theme V Patients’ Rights
Theme VI Health Care Ethics
Theme VII Complaints and Malpractice litigation systems
Schedule July 9
July 10
July 11
July 11-12
July 13
July 16-18
July 19
July 19-20
Teaching Methods Lectures, discussions, workshop At the end of the course, participants have to write an essay about one of the course’ topics.
Application requirements Basic knowledge and experiences with health care law is required (legal students, lawyers, health policy makers and other interested persons).
Non-discrimination policy statement Central European University does not discriminate on the basis of--including, but not limited to--race, color, national and ethnic origin, religion, gender or sexual orientation in administering its educational policies, admissions policies, scholarship and loan programs, and athletic and other school-administered programs. |
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