Health Care Law
Health Care Law, federal and state administered, deals with issues related to the United States health care system, covering a vast variety of legal subjects such as mental health, health reform, health insurance, patient protection, affordable health care and emergency health care.
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Health Care Law - US
- ABA - Health Law Section
The American Bar Association Health Law Section is dedicated to increasing interest in the field of health law. Its 8,885 members represent all areas of the health law industry and are committed to educating the legal profession in this rapidly changing area of practice.
- Affordable Care Act
The Affordable Care Act, passed by Congress and signed into law by the President in March 2010, gives you better health security by putting in place comprehensive health insurance reforms that hold insurance companies accountable, lower health care costs, guarantee more choice, and enhance the quality of care for all Americans.
- Emergency Medical Treatment and Labor Act (EMTALA)
In 1986, Congress enacted the Emergency Medical Treatment & Labor Act (EMTALA) to ensure public access to emergency services regardless of ability to pay. Section 1867 of the Social Security Act imposes specific obligations on Medicare-participating hospitals that offer emergency services to provide a medical screening examination (MSE) when a request is made for examination or treatment for an emergency medical condition (EMC), including active labor, regardless of an individual's ability to pay.
- Health Information Privacy
The Office for Civil Rights enforces the HIPAA Privacy Rule, which protects the privacy of individually identifiable health information; the HIPAA Security Rule, which sets national standards for the security of electronic protected health information; and the confidentiality provisions of the Patient Safety Rule, which protect identifiable information being used to analyze patient safety events and improve patient safety.
- OHRP Policy and Guidance
OHRP has published a variety of policy and regulatory guidance materials to assist the research community in conducting ethical research that is in compliance with the HHS regulations. These include guidance documents and frequently asked questions (FAQs) addressing various topics, findings in the form of OHRP letters addressing regulatory issues, and other media including decision tree graphics and educational videos.
- Patient Safety and Quality Improvement Act
The regulation implementing the Patient Safety and Quality Improvement Act of 2005 (PSQIA) was published on November 21, 2008, and became effective on January 19, 2009.
- United States National Health Care Act
To provide for comprehensive health insurance coverage for all United States residents, improved health care delivery, and for other purposes.
State Health Care Departments and Policies
Organizations Related to Health Care Law
- American Accreditation HealthCare Commission
URAC, an independent, nonprofit organization, is well-known as a leader in promoting health care quality through its accreditation, education and measurement programs. URAC offers a wide range of quality benchmarking programs and services that keep pace with the rapid changes in the health care system, and provide a symbol of excellence for organizations to validate their commitment to quality and accountability.
- American Association of Nurse Attorneys
TAANA members practice in private law practice, in academia, as litigators and defense attorneys, as legal counsel for healthcare entities, and in health care compliance among other settings.
- American College of Legal Medicine (ACLM)
The American College of Legal Medicine (ACLM) was incorporated in 1960, with organizational roots dating back to 1955. It is the most prominent professional society in the United States concerned with addressing issues that arise at the interface of law and medicine. Fellows of the American College of Legal Medicine, which make up over 50% of its membership, have been trained and schooled in medicine and/or law and the majority hold both the MD and JD degrees. College members also include physicians (M.D., D.O.), attorneys (J.D., L.L.B), dentists, Registered Nurses, podiatrists, scientists, and other health professionals.
- American Health Information Management Association
AHIMA (American Health Information Management Association) is a health information management (HIM) professional association over 61,000 members strong. Since its founding in 1928, AHIMA has remained committed to quality healthcare through quality information.
- American Health Lawyers Association
The American Health Lawyers Association is the nation's largest, nonpartisan, 501(c)(3) educational organization devoted to legal issues in the healthcare field with more than 10,000 members.
- Department of Health and Human Services (HHS)
The Department of Health and Human Services (HHS) is the United States government’s principal agency for protecting the health of all Americans and providing essential human services, especially for those who are least able to help themselves. HHS represents almost a quarter of all federal outlays, and it administers more grant dollars than all other federal agencies combined. HHS’ Medicare program is the nation’s largest health insurer, handling more than 1 billion claims per year. Medicare and Medicaid together provide health care insurance for one in four Americans.
- Health Care Compliance Association
HCCA exists to champion ethical practice and compliance standards and to provide the necessary resources for ethics and compliance professionals and others who share these principles. The vision of HCCA is to be the pre-eminent compliance and ethics association promoting lasting success and integrity of organizations worldwide.
- Healthcare Billing and Management Association (HBMA)
A non-profit, member-led trade association, the Healthcare Billing & Management Association (HBMA) represents more than 600 third-party medical billing firms. Founded in 1993, HBMA fosters personal development, advocates on the behalf of the medical billing profession and promotes cooperation through a wide range of business resources, educational events, networking opportunities, certification programs and enforcement of the Medical Biller's Code of Ethics.
- National Committee for Quality Assurance - Health Care
The National Committee for Quality Assurance is a private, 501(c)(3) not-for-profit organization dedicated to improving health care quality. Since its founding in 1990, NCQA has been a central figure in driving improvement throughout the health care system, helping to elevate the issue of health care quality to the top of the national agenda.
- National Health Care Anti-Fraud Association
Founded in 1985 by several private health insurers and federal and state government officials, the National Health Care Anti-Fraud Association is the leading national organization focused exclusively on the fight against health care fraud. We are a private-public partnership — our members comprise more than 100 private health insurers and those public-sector law enforcement and regulatory agencies having jurisdiction over health care fraud committed against both private payers and public programs.
- National Health Law Program (NHeLP)
Founded in 1970, the National Health Law Program (NHeLP) is a public interest law firm working to advance access to quality health care and protect the legal rights of low-income and underserved people. NHeLP serves legal services programs, community-based organizations, the private bar, providers and individuals who work to preserve a health care safety net for the millions of uninsured or underinsured low-income people.
- Office for Human Research Protections
The Office for Human Research Protections (OHRP) provides leadership in the protection of the rights, welfare, and wellbeing of subjects involved in research conducted or supported by the U.S. Department of Health and Human Services (HHS).
- Office of Human Services Policy
The Office of Human Services Policy (HSP)/HHS’ Chief Economist focuses on welfare, poverty, service delivery issues, data for research, policies affecting children, youth, and families, and economic matters affecting the Department. HSP is in the Office of the Assistant Secretary for Planning and Evaluation in the Department of Health and Human Services.
Publications Related to Health Care Law
- Health Affairs
Health Affairs is the leading journal of health policy thought and research. The peer-reviewed journal was founded in 1981 under the aegis of Project HOPE, a nonprofit international health education organization. Health Affairs explores health policy issues of current concern in both domestic and international spheres.
- Kaiser Health News (KHN)
Kaiser Health News (KHN) is a nonprofit news organization committed to in-depth coverage of health care policy and politics. KHN’s mission is to provide high-quality coverage of health policy issues and developments at the federal and state levels. In addition, KHN covers trends in the delivery of health care and in the marketplace.
- Modern Healthcare
Modern Healthcare is the industry's leading source of healthcare business and policy news, research and information. We report on important healthcare events and trends, as they happen, through our weekly print magazine, websites, e-newsletters, mobile products and events. Our readers use that information to make informed business decisions and lead their organizations to success. It's for this reason that Modern Healthcare magazine is ranked No. 1 in readership among healthcare executives and deemed a "must-read" by the who's who in healthcare.
- Reuters Health
Reuters Health provides daily breaking news coverage of the global pharmaceutical, medical and consumer health sectors. Timely and authoritative, Reuters Health is a must-have resource for those managing doctor and patient facing websites, healthcare-focused publications, pharmaceutical industry corporate intranets and health sector information services.
Articles on HG.org Related to Health Care Law
- Expert Witnesses and the Preparation of Affidavits of MeritExperts have the task of proving that a claim has merit through an Affidavit of Merit, and this may have a direct connection to a medical malpractice suit or when the medical device used causes injury to the patient. Through this affidavit, the expert explains that the claim has sufficient strength to proceed through trial or to a hearing with a judge.
- ERISA: Independent Medical Reviewers and the Award or Denial of BenefitsWhen benefits are necessary for someone in an ERISA program, the role of independent medical reviewers in these decisions where benefits may process through a denial or acceptance, it is important to understand how important or extraneous this decision is regarding ERISA. For the specific person, it could lead to a longer or shorter claim through legal proceedings.
- Suing Nursing Homes for Abuse or NeglectA nursing home can be held legally liable for damages that its residents suffer due to abuse or neglect. Loved ones may be able to file a lawsuit against the nursing home for causing harm to a family member. However, it is important for the family to understand the dynamics involved in this type of lawsuit and the legal basis for claims against a nursing home.
- Potential Defendants in Medical Device CasesWhen the victim of a medical device case needs to pursue legal action for compensation, he or she must do so with a specific person or company, and this could lead a variety of case types based on the potential defendants. With the help of a civil lawyer filing a lawsuit to seek the compensation necessary for recovery, it is possible to identify the liable party.
- Joining a Mass Tort Case for Defective Medical DevicesWhen the defective medical device harms enough individuals, these groups may band together and create a mass tort case to pursue financial recovery to make them whole. Through communication and contact with legal professionals, each person may add to the case and increase the possible damages based on the specific issue.
- An Over-Medicated Nursing Home Resident Is Docile and More Profitable for the FacilityOver-medicating, or chemically restraining, nursing home residents to make them easier to manage is a poorly kept industry secret. This practice allows for facilities to house more residents because they pose fewer demands on staff. Often residents without psychiatric conditions are given antipsychotic drugs to sedate them -- sometimes to the point of unconsciousness.
- How a Negligent Diagnosis Can Affect a PatientWhen a doctor makes a negligent diagnosis, the consequences for the patient can be devastating.
- Protecting a Child’s SSI Benefits When They Receive an InheritanceDisabled children may qualify for SSI benefits. These benefits can be particularly helpful in families that do not have much income. Sometimes a child who receives these benefits may have a loved one who cares about him or her and wants to leave much-needed funds behind to an individual in this situation. However, if it is not structured properly, an inheritance can cause a person on SSI to lose their benefits.
- Social Security Offset Provisions and Wrongful Denial in ERISA CasesMost ERISA plans, as well as any supporting insurance policies for individuals, have certain provisions that will let the person offset disability benefits through Social Security, and a wrongful denial will invalidate these benefits. It is essential to proceed through the wrongful denial and acquire a correct decision in the case.
- False Claims and Defective Medical DevicesFalse claims that deal with medical devices and defects could occur through no less than two types of incidents where either the patient makes a false claim with a device that is not truly defective, or the manufacturer initiates a false claim. No matter which of these situations arises, it is important to pursue legal action for compensation from the false claim.
- All Health Care and Social Law Articles
Articles written by attorneys and experts worldwide discussing legal aspects related to Health Care and Social including: defective drugs, failure to diagnose, informed consent, medical law, medical malpractice, medication errors, pharmaceutical law, social security, social services law, surgical errors.