03029 - Health Law

Learning outcomes

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

Course contents

- Introduction: health and healthcare in the “risk society”

- Health and its protection in the Constitution: the right to health as a fundamental right of the individual and as a social right

- Voluntary and mandatory health verifications and treatments and authoritative powers of the public administration: reference to the end of life and compulsory vaccinations

- The right to health and economic freedom: the constitutional framework and the problem of balancing opposing “values”

- Public health between State and Regions, between National health Service and regional health systems

- The health service: the organisational models of the National health Service in the light of regulatory evolution

- The network of institutional actors of the health service at regional and local level

- Local health authorities and hospital trusts: nature and functions. The other bodies of the health service

- Medical and non-medical health personnel

- The evolution of the financing of healthcare functions (healthcare planning in relation to public finance flows, the commissioning of deficit regions, standard costs, relations with private individuals)

- The Essential Levels of Assistence (the theory of administrative performance)

- Public and private in healthcare: general profiles

- The “three A’s” system between competition and public service

- Administrative services in healthcare in the light of the most recent regulatory developments

- The judicial and administrative protection of the subjective positions of users of the national health service

Readings/Bibliography

Text for preparing the general exam (one of the manuals chosen by the student):

- R. Balduzzi, G. Carpani (a cura di), Manuale di diritto sanitario, il Mulino, 2013;

- C. Bottari, La tutela della salute: lavori in corso, Giappichelli, 2020;

- G. Cilione, Diritto sanitario, Maggioli, 2019;

- R. Ferrara, L’ordinamento della sanità, Giappichelli, 2020;

- F. Giglioni, Manuale di diritto sanitario, Nel Diritto, 2020;

- A. Pioggia, Diritto sanitario e dei servizi sociali, Giappichelli, 2020.

Suggestions:

- C. Bottari (a cura di), La salute del futuro. Prospettive e nuove sfide del diritto sanitario, BUP, 2020.

Teaching methods

Lectures; seminars and workshops; case law analysis; class-rooms practice.

Students of the Erasmus program will be able to agree on the exam program by contacting the teacher, also indicating their teaching plan, with regard to the University of origin.

Assessment methods

Lectures will take place in the first semester.

The final exam will consist of an oral text concerning the whole contents of the course. The interview will focus on the topics indicated in the "Course contents" section.

The evaluation of the test will be carried out taking into consideration:

- The knowledge of institutional profiles

- The ability to analyze the jurisprudential and doctrinal guidelines

- The ability to make connections between the different parts of the program

- The ability to develop critical arguments

- The articulation of the exposure

- The accuracy of the exposure.

Registration for the final exam can be made through the application Almaesami (https://almaesami.unibo.it/almaesami/welcome.htm )

Teaching tools

The integrative teaching material will be published on AMS Campus.

Students who need compensatory tools for reasons of disability or Specific Learning Disabilities (SLD) will communicate to the teacher their needs in order to be directed to the dedicated person and in order to arrange for the adoption of the most appropriate measures.

In parallel to the lessons, one or more practices will take place face to face or online, lasting about 2 hours, consisting in the concise illustration of a topic by the teacher and in the delivering to the students of an open-ended question, in the drafting by students of a written text following the instructions set out above (within the time limits and according to the extension indicated by the teacher), finally in the self-correction by the students following a description by the teacher of the optimal methods and contents of the written answer, leaving the students time for questions and request for verification of any errors.

Office hours

See the website of Tommaso Bonetti