ⓘ Health law is the federal, state, and local law, rules, regulations and other jurisprudence among providers, payers and vendors to the health care industry and ..


ⓘ Health law

Health law is the federal, state, and local law, rules, regulations and other jurisprudence among providers, payers and vendors to the health care industry and its patients; and delivery of health care services; all with an emphasis on operations, regulatory and transactional legal issues. Similarly, The Florida Bar defines it as "legal issues involving federal, state, or local law, rules or regulations and health care provider issues, regulation of providers, legal issues regarding relationships between and among providers, legal issues regarding relationships between providers and payors, and legal issues regarding the delivery of health care services." American Universitys college of law, in health law and policy, divides health law into 4 areas: health care law, public and population health law, bioethics, and global health law.

Health Law was first adopted as a separate legal specialty in which attorneys could become "board-certified" and in which they could hold themselves out as a "legal specialist" or "legal expert" by The Florida Bars Board of Legal Specialization in 1995. Later Texas adopted a similar program in 2002 modeling its program after Floridas.

Becoming Board Certified in Health Law can be a challenging process, structured to allow only those attorneys who are most qualified in the area to become certified by the bar or licensing authority.

One way in which an attorney in the United States can obtain additional education to practice health law or to use in becoming certified in the specialty of health law is through one of the Master of Laws LL.M. programs that are offered by certain law schools. The LL.M. is considered to be a postgraduate law degree which shows a higher level of course work and study above the basic law degree J.D. or B.S.L. Some law schools with graduate law programs do offer a general LL.M. with course emphasis on health law, global health law, public health law, forensic medicine or similar studies. Presently, twenty-five U.S. law schools offer health law programs.

In the U.S. particularly, medicine and the law are interconnected. The law intervenes to regulate the duty to treat, that essentially is ruled by contract law, which gives a doctor the right to refuse treatment, in the absence of an emergency, when no previous doctor-patient relationship existed. However Doctors cannot discriminate because of disability, ADA, abandon a patient, or not render services in an emergency according to EMTALA, conflict of interests, Moore case, etc.

Medical malpractice is also an area where law and medicine are interconnected, which relates to the standard of care, where custom similar locality rule may apply. There may be different schools of thought, where reputability is the issue at hand and alternative theories that can be based on the hand formula.

There are other aspects of importance within the area of medical malpractice, such as causation, where medical probability and loss of chance are present. Damages, where the value of life and tort reforms appear to differ, and affirmative defenses, within the doctrine of informed consent, where waivers cannot suffice. There are rules such as the discovery rule that states that the statute of limitations starts to run when the injury has been discovered and not when it took place.

Medical Liability and Treatment relations Third Edition

Some areas of law it includes are:

  • Medical law
  • Medical malpractice
  • Public health law
  • Consent
  • Administrative law
  • Contract law

1. Basic terms

The terms "legislation" and "law" are used to refer generically to statutes, regulation and other legal instruments e.g. ministerial decrees that may be the forms of law used in a particular country.

In general, there is a wide range of regulatory strategies that might be used to ensure peoples health and safety. Increasingly, regulators are taking an approach of "responsive regulation". This involves using mechanisms that are responsive to the context, conduct, and culture of those being regulated, providing for a range of regulatory mechanisms to achieve the behavior desired. Where appropriate, the aim is to use incentives before sanctions. However, when those being regulated do not respond accordingly, escalating sanctions can be invoked. These strategies may be broadly classified into five groups:

  • voluntarism: voluntary compliance undertaken by an individual organization without any coercion;
  • economic instruments: for example, supply funding sanctions or incentives for health care providers, and/or demand-side measures that give more power to consumers;
  • meta-regulation: involving an external regulatory body to ensure that health care providers implement safety and quality practices and programs;
  • self-regulation: for example, an unorganized group that regulates the behavior of its members through a voluntary code of practice;
  • command and control mechanisms: involving enforcement by government
  • Indiana Health Law Review is a biannual student - edited law review at Indiana University Robert H. McKinney School of Law Its primary focus is health law and
  • Public health law examines the authority of the government at various jurisdictional levels to improve the health of the general population within societal
  • Mental Health Law is a national legal - advocacy organization representing people with mental disabilities in the US. Originally known as The Mental Health Law
  • The Journal of Contemporary Health Law and Policy is a law review run by students at the Columbus School of Law The Catholic University of America, Washington
  • The Journal of Health Politics, Policy and Law is a bimonthly peer - reviewed academic journal covering health policy and health law as they relate to politics
  • Houston Journal of Health Law Policy is a biannual, open access, peer - reviewed, student - run, law journal covering issues in health law and policy. It was
  • Health Law is a journal of legal scholarship by an independent student group at University of Pittsburgh School of Law focusing on environmental law
  • European Journal of Health Law is published by Brill Publishers. It was first published in 1994 and replaced a journal entitled Medicine and Law to reflect a
  • Health Economics, Policy and Law is a quarterly peer - reviewed scientific journal covering health economics, policy, and law It was established in 2006
  • Journal of Health Policy, Law and Ethics is a biannual publication of the Yale Law School, Yale School of Medicine, Yale School of Public Health and Yale
  • Kingdom health law concerns the laws in the United Kingdom concerning health care and medicine, primarily administered through the National Health Service