03029 - Health Law

Learning outcomes

The acquisition of notions concerning the organization of the National Health Service, with specific reference to the institutional profiles of the Italian public health system, the actors of the health sector, the declination of the right to health protection and health responsibility.

Course contents

The course aims to analyze and deepen the most significant aspects of the right to health and the health service as a public service, considering the constitutional rules and principles on which the complex national and regional legislative discipline is based, introducing principles and characteristics fundamentals of the national legal order and sources of law.
Particular attention will be paid to the system of division of institutional competences, to the organizational aspects of public health, the Local Health Authority and the hospital and to the involvement of private health structures.
Precisely the centrality of the health service will make it possible to analyze the management models of the public health service, the essential levels of assistance, the methods of identifying the types of health services and the forms of protection and guarantee of users.
Appropriate discussion will also be reserved for the employment relationship with the public health service, as well as the complex issue of training and responsibility.

 

By way of example, the topics covered will include:

1. Health protection and constitutional principles
2. Sources of law in the health sector: legislative and administrative competence in health matters
3. Institutional framework and public administration
4. National health service and guarantee of health care provision: the ASLs
5. The provision of services: accreditation and corporatisation
6. Territorial healthcare: user guarantee and service optimisation
7. Obligations of the doctor (deontology, labour, civil, penal, contractual): introduction
8. Healthcare liability: law no. 24/2017
9. Informed consent: law 219/2017
10. Employment relationship, deontology and order registration
11. Health certifications: falsity and relationship with the patient
12. New technologies and digital health care

Readings/Bibliography

C. BOTTARI, La tutela della salute: lavori in corso, Giappichelli, 2020, limited to chapters 1, 2, 4, 7, 10.
With regard to the sources of law: R.Bin, D.Donati, G.Pitruzzella, Lineamenti di diritto pubblico per i servizi sociali, Giappichelli, 2021, regarding chapters I, VI, VII, X.


Suggested, only for further study, on risk management in healthcare:
Federico Laus, "The administration of risk. Tra regolazione e procedimento, principio di precauzione e approccio multidimensionale", Milan, CEDAM - Wolters Kluwer, 2023, relative to chapter VII

Teaching methods

Teaching will be divided into lectures and side activities aimed at encouraging student involvement.
In the lectures, the systematic exposition of the topics covered in the course will be conducted according to the above-mentioned programme.
In-depth seminars will be offered for those who wish to study specific topics in greater depth.

Assessment methods

The lectures will be held in the first semester and, therefore, students will be able to take the examination from the January/February session.
The examination consists of a written exam, with a pass mark. The written examination will be held in person, electronically accessed via EOL.

At the student's request, the test may also consist of an oral discussion of a case dealt with in the lecture.
The test will focus on topics related to those indicated in the "Programme and Contents" section.
The verification of the expected knowledge takes place during the examination, aimed at assessing the achievement of the envisaged training objectives.



Dissertation

The assignment of the thesis takes place following a formal request by the student (for this purpose, it is sufficient to send an email to the lecturer) and subsequent interview.

The thesis is assigned, as a rule, on the basis of the chronological criterion, in compliance with the maximum limit set by the Chair, also noting the student's maturity and attendance of the Course and convinced expression of interest in the specific Subject.

Teaching tools

Supplementary teaching materials relating to the lessons taught will be published on Virtual

Students who, for reasons dependent on disabilities or specific learning disorders (DSA), require compensatory tools, may inform the lecturer of their needs in order to be referred to the contact persons and to agree on the adoption of the most appropriate measures.

In-depth seminars on specific profiles of interdisciplinary importance will also be organised as part of the course.

Office hours

See the website of Federico Laus