Directions for Health Law Research Group Project Spring 2024

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Indiana University, Purdue University, Indianapolis *

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Law

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Feb 20, 2024

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Directions for Health Law Research Group Project – H362 This Health Law Research Group Project is a final project in the course and is designed to assist you in learning about health law and policy. When you follow the Directions to complete the assignment, you will demonstrate your ability to present a quality academic product, and to complete the assignment by the due date. Work deadlines matter, especially in important fields such as health care. You will submit each Part of the project as designated in Canvas. The reason for submitting your Health Law Research Group Project in sections is to eliminate what may seem like a daunting assignment if you wait until the end of the semester. This is a group project, and you are expected to communicate with your group members to effectively complete the project. The total points for all parts of the project are listed below. Purpose and Overview of Assignment A health care law topic has been chosen for you to review in greater detail. This semester the topic involves an Indiana Supreme Court case just recently decided. The case is Z.D. v. Community Health Network, Inc. (Indiana Supreme Court, Case No. 23S-CT-116, September 25, 2023). The Court used the person’s initials since the case involved a very personal health care issue. The case is provided in your materials for you to read. First, it is important to understand that a person or organization can file a lawsuit under different theories of recovery. Lawyers call these different theories “causes of action”. The Court dealt with two different causes of action in this case. The Court first expanded upon an earlier decision to rule that a person can sue for invasion of privacy due to the release of private information to the public and that the act does not have to be intentional. An organization that negligently releases private information to the public could be held liable for damages including emotional distress under a theory of invasion of privacy. On a separate issue, the Court found that a cause of action under normal negligence would not allow emotional distress damages, but could allow for pecuniary (financial) losses. The Court remanded (sent back) the case to the trial court to determine if facts supported the invasion of privacy and negligence claims based upon the Court’s opinion. The Court notes in part of its opinion that whether emotional damages could be available under a normal negligence cause of action could be modified by the legislature. Legislatures can often override what a court determines so long as the result would not be unconstitutional. This is where you get involved! Your groups are fictional legislators in the Indiana General Assembly: Groups labelled “A” must argue to enact a law to: (1) allow emotional distress damages for all cases involving release of private health information to the public regardless of the theory or cause of action used, and (2) require that dissemination to only one person would be sufficient to prove the “dissemination to the public” element in all invasion of privacy theory cases. Groups labelled “B” will argue to enact a law to: (1) keep the Indiana Supreme Court’s ruling that a person cannot recover emotional distress damages for negligence theory cases involving release of private information to the public, and (2) require that dissemination to only one person would not be sufficient to prove the “dissemination to the public” element in all invasion of privacy theory cases. You will be assigned a group by the instructor. Your groups will prepare a written report summarizing your research, create a debate outline, and then debate each other by creating two videos with your group . The first video will be your prime argument. You will review the other side’s main video argument and then later create a rebuttal video rebutting the points the other group made. All students must participate in the drafting of the debate written paper, outline, and in presenting some part of the debate by video. H362 Spring 2024 Page 1 of 10

Group Assignments Group names are symbolic and have no significance. A Groups versus B Groups Courts Group v. Laws Group Policies Group v. Statutes Group Stakeholders Group v. Regulations Group A Note on Grading Everyone in your group will receive the same scores for each part of this assignment. In the work world, if you are assigned a group project, it is very likely that your group will receive recognition or receive poor remarks from your supervisor as a group. Professionals must learn to work together and to accept that group work is successful or unsuccessful based upon the total overall outcome. Communication and personality conflict challenges must be overcome. Thus, I encourage each of you to do your best and to be a diligent and productive member of your group. I always reserve the right to deduct points from an individual, as opposed to the group at large, if it is substantiated that a student is not participating in the group or is putting out minimal effort. I trust we will not have that issue in this course. All Parts of the Project are Listed below with Rubrics; the Court Case is part of the assignment materials. Part I: Research Written Paper and Group Organization 1. Organize your group by communicating with each other and deciding how the work is going to be divided. You may wish to designate which student will submit written portions of the project. 2. Individually , read the case provided with the assignment: Z.D. v. Community Health Network, Inc. (Indiana Supreme Court, Case No. 23S-CT-116, September 25, 2023). You may need to read it multiple times to understand the important information. You may not count the court case as one of your sources, but you must cite the case when you use it in any written part of the project. 3. As a group , research and find at least five (5) secondary sources that discuss the following: (a) Studies that discuss invasion of privacy legal issues as those relate to health care providers (b) Studies that discuss or summarize other States’ invasion of privacy laws that impact health care providers’ release of private information to the public (c) Studies that discuss the challenges faced by health care providers when dealing with lawsuits (d) Any other secondary source that you believe provides valuable information that can help support your arguments Because this is a policy debate, the types of sources described above should be helpful as your group works out its best arguments. Your group will have to evaluate the sources carefully and use the information to craft an argument that is persuasive. Research hint: check out the National Library of Medicine as it may have useful studies involving health care litigation and privacy issues. Also, you can often find good sources by reviewing the reference pages for studies that you find helpful. H362 Spring 2024 Page 2 of 10

4. Work with your group to produce a written paper to answer the following questions. The paper must have a title page, be formatted as a typical research paper, and have an annotated bibliography of the secondary sources reviewed. It is anticipated that your paper will be about eight to ten pages in length if you have discussed the sources adequately as you address each question. Use APA formatting. Questions to answer: a. Based upon your research, what are the most common issues involving invasion of privacy as those relate to health care providers? Discuss the sources in some detail. b. Based upon your research, what are other states allowing (or not) in terms of lawsuits against medical providers for inappropriately releasing private health information? How do these laws differ from what the Indiana Supreme Court decided? Discuss the sources in some detail. c. Based upon your research, what challenges do medical providers face when dealing with lawsuits? How can you use this information to support your argument? Discuss the sources in some detail. d. Based upon your research, what are the most compelling facts that support your group’s arguments? Discuss the sources in some detail. e. Based upon your research, what do you believe your group’s best arguments will be to support your position? f. Based upon your research, what do you believe will be your opposition’s best arguments? 5. Submit your group’s written paper by the due date listed in Canvas. See the Rubric for Part I. Quoted Material : It is acceptable to use quotations in your group’s written paper, however, the majority of your paper should not be quotations. Make sure all quoted material is properly cited following APA format. It is expected you will quote any material which I presume you do not commonly know. Remember to follow APA format for citations. Paper Evaluation: Your health law group paper will be graded based on the depth of the critical thinking presented in each section and how well you organized the content. Sentence structure, grammar, punctuation, and spelling will be considered in assigning points, and any errors in formatting the citations and the Annotated Bibliography page will result in points deducted from the total score. Formatting the Paper :  Cover page, which includes your group name, individual names in the group, and course; this must be in APA format  Use Sub-Titles in the paper so that I can determine what question you are answering  Annotated Bibliography page in APA format  Quotations or paraphrasing included in the paper require citation in APA format  Font size no smaller than 11 point (I prefer 12 point Times New Roman Font)  Double spaced  Paginated Submit to Canvas Assignments Only one person per group needs to submit the paper. H362 Spring 2024 Page 3 of 10

REMEMBER: The Writing Center is available for assistance at University Writing Center (iupui.edu) I may use “Turnitin” to check any paper. Suggested reference for writing in APA style: https://owl.purdue.edu/owl/research_and_citation/apa_style/apa_formatting_and_style_guide/ general_format.html Rubric for Part I of the Health Law Research Group Project Part I of Health Law Research Group Project Part I of Health Law Research Group Project Criteria Ratings Pts Formatting and APA Citations 5 to >3.5 pts Meets Expectations The paper was formatted correctly, and all citations correctly used APA formatting 3.5 to >2.5 pts Needs Work There were multiple errors in overall formatting or in APA citation formatting 2.5 to >0 pts Poor The paper was not formatted correctly and/or misused APA formatting 5 pts Substance of the Paper 35 to >25.5 pts Meets Expectations Answered the questions posed in the instructions demonstrating critical thinking; reviewed the secondary sources in sufficient detail; showed creativity and reasoning in formulating group's best arguments and in identifying the opposition group's best arguments 25.5 to >20.5 pts Needs Work The paper lacked sufficient critical thinking in answering the questions, lacked in its review of the secondary sources, or showed lack of creativity and reason in formulating group's best arguments and in identifying the opposition group's best arguments 20.5 to >0 pts Poor The paper was severely deficient in critical thinking in answering the questions, severely deficient in its review of the secondary sources, or severely lacked creativity and reason in formulating group's best arguments and in identifying the opposition group's best arguments 35 pt s Sources 10 to >7 pts Meets Expectations Found 5 sources and provided excellent annotated bibliography of each source in reference page; no errors in APA formatting 7 to >5.5 pts Needs Work Found 5 sources but there were errors in the APA formatting, or the annotated bibliography was insufficient 5.5 to >0 pts Poor Found less than 5 sources or the annotated bibliography was severely deficient 10 pt s Overall Quality 5 to >3.5 pts Meets Expectations Overall quality of the paper was high with few grammar, punctuation, or spelling mistakes 3.5 to >2.5 pts Needs Work There were more than a few grammar, punctuation, or spelling mistakes 2.5 to >0 pts Poor There were numerous grammar, punctuation, or spelling mistakes that impeded the quality of the paper 5 pts H362 Spring 2024 Page 4 of 10

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