Health Care Law

This book helps readers gain an in-depth understanding of electronic health record (EHR) systems, medical big data, and the regulations that govern them. It analyzes both the shortcomings and benefits of EHR systems, exploring the law's response to the creation of these systems, highlighting gaps in the current legal framework, and developing detailed recommendations for regulatory, policy, and technological improvements. Electronic Health Records and Medical Big Data addresses not only privacy and security concerns but also other important challenges, such as those related to data quality and data analysis. In addition, the author formulates a large body of recommendations to improve the technology's safety, security, and efficacy for both clinical and secondary (such as research) uses of medical data.

Publisher's Description

"In the years since the passage of the Patient Protection and Affordable Care Act (PPACA, or, colloquially, Obamacare), most of the discussion about it has been political. But as the politics fade and the law's many complex provisions take effect, a much more interesting question begins to emerge: How will the law affect the American health care regime in the coming years and decades?

This book brings together fourteen leading scholars from the fields of law, economics, medicine, and public health to answer that question. Taking discipline-specific views, they offer their analyses and predictions for the future of health care reform. By turns thought-provoking, counterintuitive, and even contradictory, the essays together cover the landscape of positions on the PPACA's prospects. Some see efficiency growth and moderating prices; others fear a strangling bureaucracy and spiraling costs. The result is a deeply informed, richly substantive discussion that will trouble settled positions and lay the groundwork for analysis and assessment as the law's effects begin to become clear." --Provided by publisher.

A unique offering in this field from a sterling author team, Health Law and Bioethics: Cases in Context presents the stories and context of landmark cases in the field. By conveying back story and creating context, this brief text hooks students' interest and deepens their understanding of the law and policy implications of each case. </p> <p> <b>Health Law and Bioethics: Cases in Context, features: leading cases in the field, reflecting those included in the major casebooks & testimony & and perspectives from parties, attorneys, and expert witnesses in each case & insight into the underlying law and policy in each decision & historical, political, and social context personal, political, and economic factors determining the course of litigation an approachable and engaging writing style. As a secondary text for courses in health law or bioethics, or as a primary text in related seminars, Health Law and Bioethics: Cases in Context illuminates seminal case decisions that address a wide range of contemporary issues in this dynamic and fast-growing field of law.

This abridged edition continues to use the broad organization that health law teachers and students found so helpful in the last six editions. Notes material has been trimmed substantially and some cases and sections of the primary casebook have been deleted. The authors’ goal was to create a book better suited for schools that have curricular space for only one course, including medical schools and schools of public health.

or more than two decades, Health Law: Cases, Materials and Problems has defined the field of health law, providing a balanced overview of law as it affects patients, professionals, institutions, and entities that deliver and finance U.S. health care. The 7th Edition of Health Law comprehensively reviews the provisions of the Affordable Care Act with topics such as the oversight of quality (including the latest developments in patient safety), cost control (including consumer-directed health care), guarantees of adequate access to services, exempt-organization tax issues, transactions and relationships among health care professionals and providers, the Employee Retirement Income Security Act (ERISA), and malpractice litigation. The Supreme Court decision in National Federation of Independent Business v. Sebelius is carefully edited to present all the issues in the case.

Written without a policy bias to fairly reflect all viewpoints, the book considers legal and ethical issues involving death, human reproduction, medical treatment decision making, and medical research. It also explores the government's efforts to control costs and expand access through Medicare and Medicaid and examines government attempts to police anticompetitive activities, fraud, and abuse. Using carefully edited primary materials and effective classroom-tested problems, the book exposes students to the core issues in health law using the most recent judicial and statutory materials.

Publisher's Description

The Law of American Health Car is a casebook for the new generation of health lawyers. It is a student-friendly casebook emphasizing lightly edited by carefully selected primary source excerpts, plain-language expository text, as well as focused questions for comprehension and problems for application of the concepts taught. The authors have eliminated the traditional, copious case notes following the primary sources in exchange for longer excerpts and clearer explanations. In order to create a streamlined casebook, the authors have chosen topics selectively, drawing guidance from American Health Lawyers Association curriculum recommendations, and engaged the topics in depth so students emerge with an understanding of the most important features of American health care law, prepared to practice.

Publisher's Description

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.

Publisher's Description

"In this bold new edition, Gostin is joined by coauthor Lindsay F. Wiley to analyze the crucial role of law in addressing today's major health threats, including emerging infectious diseases, bioterrorism, natural disasters, car fatalities, gun violence, opioid overdoses, and chronic diseases caused by tobacco use, poor diet, and physical inactivity. The book creates an intellectual framework for the modern field of public health law and supports that framework with illustrations of the scientific, political, and ethical issues involved. In proposing innovative solutions for the future of the public's health, Gostin and Wiley's essential study provides a blueprint for coming public and political debates in this dynamic field. New issues covered in this edition: Corporate personhood rights raised in response to regulations of tobacco, food and beverages, alcohol, firearms, prescription drugs, and marijuana; local government authority to protect the public's health; deregulation and harm reduction as modes of public health law intervention; taxation, spending, and alteration of the socioeconomic environment as modes of public health law intervention; access to health care as a strategy for protecting the public's health; taxation, spending, licensing, zoning, and shared-use strategies for chronic disease prevention; the public health law perspective on violence and injury prevention; health justice as a framework for reducing health disparities and protecting the public's health"--Provided by publisher.

"Chief Justice John Roberts stunned the nation by upholding the Affordable Care Act--more commonly known as Obamacare. But legal experts observed that the decision might prove a strategic defeat for progressives. Roberts grounded his decision on Congress's power to tax. He dismissed the claim that it is allowed under the Constitution's commerce clause, which has been the basis of virtually all federal regulation--now thrown in doubt. In The Tough Luck Constitution and the Assault on Health Care Reform, Andrew Koppelman explains how the Court's conservatives embraced the arguments of a fringe libertarian legal movement bent on eviscerating the modern social welfare state. They instead advocate what Koppelman calls a "tough luck" philosophy: if you fall on hard times, too bad for you. He argues that the rule they proposed--that the government can't make citizens buy things--has nothing to do with the Constitution, and that it is in fact useless to stop real abuses of power, as it was tailor-made to block this one law after its opponents had lost in the legislature. He goes on to dismantle the high court's construction of the commerce clause, arguing that it almost crippled America's ability to reverse rising health-care costs and shrinking access. Koppelman also places the Affordable Care Act within a broader historical context. The Constitution was written to increase central power, he notes, after the failure of the Articles of Confederation. The Supreme Court's previous limitations on Congressional power have proved unfortunate: it has struck down anti-lynching laws, civil-rights protections, and declared that child-labor laws would end "all freedom of commerce, and ... our system of government [would] be practically destroyed." Both somehow survived after the court revisited these precedents. Koppelman notes that the arguments used against Obamacare are radically new--not based on established constitutional principles."--Provided by publisher.