22910141 - Health law

Analysis of the historical-legal framework inherent to the healthcare services organized to take care of needy or weak people (drug addicts, minors, disabled, foreigners, poor, prisoners, people suffering from chronic diseases, the elderly), aimed at promoting knowledge about the personal and social features of the people characterized from specific needs and about techniques of treatment and recovery of the same people.
- Knowledge and understanding:
to define and identify the epistemological and methodological field of the discipline;
to know the healthcare system in the national, European and international context.
- Applying knowledge and understanding:
critically analyze the effectiveness and appropriateness of the techniques to treat specific health needs;
to examine in the specific context the legislative and organizational processes.
- Making judgements:
to apply the theoretical precepts to the concrete solutions supplied by the political decision maker;
to evaluate regulatory innovations.
- Communication skills:
to use communication strategies in social and professional contexts;
to develop the competence in finding personalized solutions according to the specific need.
- Learning skills:
to put in practice the aptitude for empirical research in working contexts;
to lead the carrying out of scientific studies in the search for solutions to concrete problems.
scheda docente | materiale didattico

Programma

Order, Law, State. Freedom rights and social rights. The right to protection of personal data. Health protection as a right to service. Health as a right to freedom: principle of self-determination and regulation of DAT. Health protection in the EU. The division of responsibilities between the State and the Regions. The spoils system in the healthcare sector. Principles and rules of administrative proceedings. The right of access to administrative documents. Territorial autonomies and the rules of administrative action. Public administration documents. Health and competition: the three A's. Social and healthcare integration. The LEAs. NHS and University. Public services and performance delivery models. Public contracts, with particular regard to the healthcare sector. Judicial protection of rights and interests. The responsibilities of health professionals and providers - Health Law Sources - Organization and financing - Services and activities - Protection of personal data

Testi Adottati

1) G. Fares (ed.), Lineamenti di diritto pubblico per le scienze economiche, sociali e sanitarie, Giappichelli, 2025, chapters I, II, III, VII and X (as an alternative: G. Fares, Problemi attuali dell'ordinamento sanitario, Editoriale scientifica, 2013, entirely)
in addition to
2) G. Carpani and G. Fares (eds.), Guida alle nuove norme sulle responsabilità nelle professioni sanitarie, Giappichelli, 2023, chapters from I to V

Lecture notes regarding the following topics could be given by the Professor: Health care as a fundamental right of the individual: between the right to freedom and social rights; Health care as a collective interest: compulsory treatments and vaccination policies; The establishment of the National Health Service and subsequent reform laws; The distribution of powers between the State and the regions; The governance of health care and planning functions: from the health plan to health agreements; The relationship between politics and health management; The financing of health services and constitutionally necessary expenditure; The regionalized and corporate structure of the NHS: bodies and functions of health facilities; Access to the market for health services: the protection of competition and the three A system; The essential levels of care; Treatment abroad; Responsibility in the health sector; The balance between circulation and protection of personal data; The drugs market; The pharmaceutical network; Medical devices

Bibliografia Di Riferimento

www.iusetsalus.it

Modalità Erogazione

Lectures will be held in presence

Modalità Frequenza

Attendance is recommended

Modalità Valutazione

Oral exam at the end of the course, two questions related to the general part and one to the special one for any candidate and mark based on reasoning and analysis ability regarding the various topics of the exam program