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HEALTH LAW

CODE 106421
ACADEMIC YEAR 2021/2022
CREDITS
  • 2 cfu during the 1st year of 11266 SCIENZE DELLE PROFESSIONI SANITARIE TECNICHE DIAGNOSTICHE (LM/SNT3) - GENOVA
  • SCIENTIFIC DISCIPLINARY SECTOR IUS/09
    LANGUAGE Italian
    TEACHING LOCATION
  • GENOVA
  • SEMESTER 2° Semester
    MODULES This unit is a module of:
    TEACHING MATERIALS AULAWEB

    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

    All class schedules are posted on the EasyAcademy portal.

    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

    Date Time Location Type Notes
    22/07/2022 15:00 GENOVA Orale Appello riservato a tutti gli studenti. Eventuali ulteriori informazioni saranno fornite agli studenti durante le lezioni. Nel caso in cui la situazione pandemica lo richiedesse, potranno rendersi necessarie variazioni sulle modalità di svolgimento degli esami (es. a distanza) che saranno tempestivamente comunicate.
    05/08/2022 15:00 GENOVA Orale Appello riservato a tutti gli studenti. Eventuali ulteriori informazioni saranno fornite agli studenti durante le lezioni. Nel caso in cui la situazione pandemica lo richiedesse, potranno rendersi necessarie variazioni sulle modalità di svolgimento degli esami (es. a distanza) che saranno tempestivamente comunicate.
    02/09/2022 15:00 GENOVA Orale Appello riservato a tutti gli studenti. Eventuali ulteriori informazioni saranno fornite agli studenti durante le lezioni. Nel caso in cui la situazione pandemica lo richiedesse, potranno rendersi necessarie variazioni sulle modalità di svolgimento degli esami (es. a distanza) che saranno tempestivamente comunicate.
    16/09/2022 15:00 GENOVA Orale Appello riservato a tutti gli studenti. Eventuali ulteriori informazioni saranno fornite agli studenti durante le lezioni. Nel caso in cui la situazione pandemica lo richiedesse, potranno rendersi necessarie variazioni sulle modalità di svolgimento degli esami (es. a distanza) che saranno tempestivamente comunicate.

    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.