Understanding Health Care Law
2/8/2008 10:53:51 AM EST
Health Care Law Overview
Posted by AME3bg
Aimed at a diverse and sophisticated market consisting of law firm attorneys, in-house counsel, and health care administrators, health care law is highly regulated at both the federal and the state level. Health care law governs health care providers (such as hospitals, nursing homes, and hospices), as well as health care plans (such as HMOs, PPOs, or government-operated health plans (Medicare/Medicaid)).
 
A health care lawyer’s practice may be far ranging, encompassing liability and litigation (e.g., fraud and abuse; patient care and treatment issues), transactional work (e.g., labor and employment contracts; acquiring new facilities or equipment; reimbursement matters; obtaining and maintaining tax-exempt status), and ensuring compliance with various regulations (such as HIPAA and Stark).
 
Health care practice is primarily found in large law firms with a health care law specialty, representing health care providers, plans, or organizations, although some health care practice exists at boutique firms. Moreover, attorneys may be affiliated with hospitals, health insurance providers such as health maintenance organizations, and health care organizations.
 
Typical Tasks Performed by Health Care Law Attorneys
  • Liability and litigation (medical malpractice; civil and/or criminal fraud and abuse; self-referrals; false claims);
  • Ensuring compliance with various regulations (such as regulations relating to protecting and maintaining the privacy of health information (HIPAA); also Stark regulations);
  • Labor and employment (physician contracts);
  • Acquiring new facilities or equipment (leases);
  • Patient care and treatment issues (e.g., honoring health care proxies and Do Not Resuscitate orders);
  • Reimbursement matters (e.g., ensuring health care plans pays for services rendered); and
  • Obtaining and maintaining tax-exempt status.
Key Organizations for Health Care Law Attorneys

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