Health Law

This Nutshell addresses the administrative law governing the financing and delivery of health care. Administrative law governs the administrative operations of government agencies. It sets the powers that administrative agencies may exercise, establishes the legal principles governing the exercise of those powers, and provides legal remedies to those aggrieved by the actions of agencies. State and federal agencies are deeply involved in the financing and delivery of health care. They address public health, licensure of professionals and facilities and financing health care services through public health insurance programs. The reach of administrative law governing state and federal healthcare agencies is immense and immensely important to the financing and delivery of American health care.

The specialized and complex field of health law requires a thorough grounding in the basics, and Fundamentals of Health Law, 5th Edition, aims to provide that grounding. This edition has been thoroughly revised and made current as of 2011 to cover the basic issues of health law practice, from patient to facility issues, from permits and regulation issues to compliance and investigation issues, and includes issues raised by new laws, regulations and guidelines promulgated since the fourth edition in 2008, including the Affordable Care Act (ACA). This publication covers fundamental legal principles and issues to assist new practitioners of health law and users looking for answers on the health law resource shelf.

Expert authors present an up-to-date overview of health law as it affects the professionals, institutions, and entities that deliver and finance health care in the United States. The text considers the law's response to quality and error through institutional and professional regulation, and malpractice litigation against professionals, hospitals, and managed care organizations. It surveys tax, corporate, and organizational issues and explores the government's efforts to control costs and expand access through Medicare and Medicaid. The text also examines government attempts to police anti-competitive activities, fraud, and abuse and considers the legal and ethical issues involving death, human reproduction, medical treatment decision making, and medical research. In addition, the Affordable Care Act, HIPAA, HITECH, and other new statutory and regulatory changes of the past few years are thoroughly incorporated in all aspects of the legal discussion.

This book provides a comprehensive coverage of important legal and tax issues of relevance to hospitals and physicians, including discussions of potential liability for negligence in providing healthcare services; consents for treatment; laws applicable to various specialized healthcare subjects, such as patient rights, blood transfusions, emergency treatment, patients' rights to refuse treatment; and hospital and physician involvement in specialized services that include abortion procedures, sterilization, artificial insemination, in vitro fertilization, and surrogate parenting. The book also covers hospital governance issues, including a summary of the fiduciary duties of members of hospital governing boards, tax laws relating to obtaining and maintaining tax-exempt status for nonprofit hospitals, the reorganizations of hospitals and affiliated entities, and employment laws. The book is an invaluable reference work for hospitals, physicians, and attorneys who represent hospitals and physicians.

Contract-based litigation can arise in a myriad of ways in the healthcare context. This book, written by the ABA Section of Litigation's Health Law Committee, addresses the most common areas in which participants in the healthcare system face contract-based litigation. Each chapter serves as a standalone primer on a specific topic and provides an overview of the relevant area of the law, along with practical advice on the issues that usually arise and a discussion of the strategies that practitioners usually employ when faced with a case in that area. Litigators seeking to gain experience in health law litigation, as well as those looking for guidance on a specific issue, will receive practical advice on how to try health law cases ad suggestions for "issue spotting" and case management.

The Oxford Handbook of Comparative Health Law addresses some of the most critical issues facing scholars, legislators, and judges today: how to protect against threats to public health that can quickly cross national borders, how to ensure access to affordable health care, and how to regulatethe pharmaceutical industry, among many others. When matters of life and death literally hang in the balance, it is especially important for policymakers to get things right, and the making of policy can be greatly enhanced by learning from the successes and failures of approaches taken in othercountries.

The Oxford Handbook of U.S. Health Law covers the breadth and depth of health law, with contributions from the most eminent scholars in the field. The Handbook paints with broad thematic strokes the major features of American healthcare law and policy, its recent reforms including the Affordable Care Act, its relationship to medical ethics and constitutional principles, and how it compares to the experience of other countries. It explores the legal framework for the patient experience, from access through treatment, to recourse (if treatment fails), and examines emerging issues involving healthcare information, the changing nature of healthcare regulation, immigration, globalization, aging, and the social determinants of health. This Handbook provides valuable content, accessible to readers new to the subject, as well as to those who write, teach, practice, or make policy in health law.

Available on Lexis (personal password required). Provides access to Healthcare Law cases, statutes and legislation, codes and regulations, administrative materials, secondary materials, forms, briefs, pleadings, and motions, jury instructions, jury verdicts and settlements, expert witness and analysis, dockets, directories, news, and scientific information.

Available on Lexis (personal password required). In order to keep up with the emerging industry trends and developments, Health Care Law: A Practical Guide provides the information that lawyers, health care administrators and other parties need to navigate the waters in today’s environment.

Available through Bloomberg Law (personal password required). Provides legal analysis, practical guidance, state tools, dockets and opinions, news & law reports, health care reform tracking, agency materials, and laws and regulations related to Health Law.

Available on Bloomberg Law. Provides access to Health Law related checklists and forms.

Available on Westlaw. The scope is intentionally broad, encompassing approximately 40 of the distinct topics that are relevant to today's practice of health law. The new edition contains a number of brand new chapters to keep pace with the evolving focus and emphasis of the practice of health law. In particular, the second edition contains new chapters on HIPAA, Clinical Research Compliance, the Emergency Medical Treatment and Labor Act, the Regulation of Drugs and Medical Devices, an Introduction to Medicare Part D, the Regulation of Hospitals, Legal Issues in Repayments and Disclosures and an introductory chapter to the study of health law.

Available on Westlaw. Provides Health Law News and Insights, Health Analysis, Tools and Research, and access to Health-related materials, including Cases, Trial Court Orders, Statutes & Court Rules, Regulations, Administrative Decisions & Guidance, Secondary Sources, Forms, Briefs, Trial Court Documents, Expert Materials, Jury Verdicts & Settlements, Proposed & Enacted Legislation, Proposed & Adopted Regulations, and Arbitration Materials.

Available on Lexis. Health care practitioners, whether generalists or specialists, have long felt the need for a definitive legal treatise that would cover the entire spectrum of legal issues involved in health care practice and serve as primary reference work and authority. To address that need, the authors of this text have sought out leading figures in their respected areas to discuss the broad range of concerns of health care practitioners. It is the plan of the editors and publishers to update these materials as developments demand and add new chapters to reflect the dynamic nature of the field.

Available on Lexis. Provides access to health care-related Legal News, Business and Industry News, Law Firm Memos, and Key Topics.