20410836 - Health Law

Understanding and critical analysis of the organization and functioning of the National Health System, with reference to digital health, personal data protection and the legal regulation of new technologies and artificial intelligence tools linked to the protection of public and private health

teacher profile | teaching materials

Fruizione: 22910141 Diritto della salute in Scienze dell'educazione per Educatori e Formatori L-19 R FARES GUERINO MASSIMO OSCAR

Programme

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. Drugs and medical devices legal system

Core Documentation

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

Attendance

Attendance is recommended

Type of evaluation

Oral exam at the end of the course, for each student the mark will be based on reasoning and analysis ability regarding the various topics of the exam program