This is a survey course of fundamental issues, covering a broad range of topics, in health law and policy. The course is intended both for students who simply wish to become acquainted with the field and for those who plan to specialize in health law. For the latter, this course provides a foundation for specialized courses such as Health Care Business Transactions; Health Care Fraud, Abuse, and Compliance; and eHealth. For students not concentrating in health law, it introduces the multitude of issues with which lawyers working with clients in the health care industry need to be familiar.
Specific topics covered may include the structure of the health care system; regulating quality through licensing, staff privileges, and accreditation; the legal obligation to provide treatment (including EMTALA); tax exemption; state and federal regulation of health insurance and managed care (including the Affordable Care Act and ERISA); Medicare/Medicaid eligibility, benefits, and reform efforts; anti-discrimination laws applicable to the health care industry; health care fraud and abuse (False Claims Act, Antikickback statute, and Stark); legal protections for private health information (HIPAA); and antitrust issues in the health care industry. This course does not examine issues of public health, and it does not cover ethical issues in health care (covered in "Bioethics and Law").