AIMS AND CONTENT

AIMS AND LEARNING OUTCOMES

The course aims to provide as organic a reading as possible of the broad subject of the legal system related to the protection of health. For this purpose, it examines the organization, the services that can be provided and the planning of the National Health Service, including the accounting and contractual aspects of the NHS, the legal status of the staff and the increasingly digitalized healthcare system, taking into account the innovative profiles of the health system. . Specifically, the following will be dealt with: the reorganization of the discipline of the health professions (Law 11-1-2018, n. 3) and related responsibilities (Law 8-3-2017, n. 24, so-called Gelli law); the advance provisions of treatment - DAT - (so-called living will), connected to the delicate issue of informed consent (Law 22-12-2017, n. 219); compulsory vaccinations from zero to sixteen years (Law 31-7-2017, n. 119); the essential levels of assistance updated with the D.P.C.M. 12-1-2017; the new CCNL 2016-2018 for the Health sector to conclude by addressing the issue of the processing of personal health data in the light of EU Regulation 2016/679, operational since 25 May 2018.

TEACHING METHODS

The course is held in the second academic semester through lectures that will make use of slide projections available on Aulaweb and discussions on in-depth topics.
It is not excluded, however, that the Course may be carried out, in whole or in part, in remote or mixed mode (face-to-face and remote).

SYLLABUS/CONTENT

The course examines the subject starting from the complete analysis of the health system, as well as deepens the multiple aspects of the right to health.

The following topics will be covered:
Health protection: constitutional profiles and institutional evolution
The health service as a public service
The right to health protection in the Constitution and in the jurisprudence of the Constitutional Court
The right to self-determination and the principle of consent
The legislative and institutional evolution of the system
Health protection and health services in international sources and in the European Union
The right to cross-border healthcare
The system of division of institutional competences
Premise: the constant search for the structure of skills in health matters
From the birth of the National Health Service to the delegations for regionalization at the end of the nineties: the "Bassanini" decree and the "Bindi" reform
Health protection in the light of the constitutional reform of Title V and regional laws after the reform
The rulings of the Constitutional Court in the aftermath of the reform
Functions, tasks and central bodies. The role of the state in the recovery plans for health deficits
The role of the State-Regions Conference and the Health Pacts
The Region as the owner of the service
The different regional models in the National Health Service
The new (ambiguous) frontiers of "health federalism"
The role of municipalities in health services and health protection
The organization of public health
Public health authorities in national and regional legislation. Usl company and hospital company
The legal configuration and autonomy profiles. The corporate act of organization
The organizational structure of the Usl Company
The organs of the health company
Corporate assets
The business accounting system
The contractual activity of the Health Trusts and the new assets management tools
Financing of Healthcare Trusts
The other public providers: hospital-university companies
The other public donors: the scientific hospitalization and treatment institutes
The latest trends in institutional engineering. Specific reforms and models in the organization of public health
Financing of the National Health Service
Healthcare services
Principles and criteria of the health care delivery system
The essential levels of assistance
The main types of services
Health planning
The models of management and provision of services: direct provision, by agreement, indirect assistance for services abroad
Integrative health: the health funds
The Health Services Charter: an instrument for the protection and participation of citizens in the NHS
The problem of waiting lists: the national plan for governing waiting lists
The voice of citizens: the offices for relations with the public
The system of authorization and accreditation of health facilities and private intervention in the provision of health services 
Premise: public and private in the provision of specialist and hospital services
The evolution of relations between the National Health Service and private health facilities
The provision of welfare services in the rationalization implemented with Legislative Decree no. 229 of 1999
The functioning of health facilities and the exercise of activities for the National Health Service: authorization, accreditation and contractual agreements
Regional experiences
 Other forms of accreditation. The Joint Commission International
The performance remuneration system
Final considerations: private resources and their forms of protection
The health professions: discipline, responsibility and perspectives
Regulatory framework and evolution of the health professions
The employment relationship with the public health service
The discipline of the free-professional activity of health managers
The system of responsibilities
The responsibility deriving from the processing of data relating to health in the health sector, in the light of Regulation (EU) 2016/679: the principle of accountability

RECOMMENDED READING/BIBLIOGRAPHY

- R. Balduzzi, G. Carpani, Health Law Manual, Il Mulino Editore, 2013 Edition (last)
- F. Castiello, V. Tenore (edited by), Manual of Health Law, Giuffrè Editore, II Edition
- F. Giglioni, Handbook of Health Law, In Publishing Law, II Edition (2020).

TEACHERS AND EXAM BOARD

Exam Board

ENRICO MAZZINO (President)

ELISA BONOLLO (President and Coordinator of Integrated Course)

LESSONS

LESSONS START

The course is held in the second academic semester.

Class schedule

The timetable for this course is available here: Portale EasyAcademy

EXAMS

EXAM DESCRIPTION

The exam is carried out orally with reference to all the topics that make up the course program. The exam takes place in the sessions indicated in the academic calendar, the relative dates are made known to students through Aulaweb. At least five days before each exam session, a specific registration must be made.

ASSESSMENT METHODS

The exam is carried out orally, with reference to all the topics that make up the course program.
The proposed questions will be developed with the aim of evaluating the learning of basic knowledge relating to the topics addressed in class, also verifying the ability to elaborate and re-elaborate specific topics proposed and discussed during the course of the lessons and Case Study and / or regulatory insights dealt with during the course.

Exam schedule

FURTHER INFORMATION

During the course of the course, the teacher will indicate the supports and any additional teaching aids useful for deepening the content that will be simultaneously made available on Aulaweb.