AHLA Health Care Compliance Legal Issues Manual (Non-members)

AHLA Health Care Compliance Legal Issues Manual (Non-members)
Author: American Health Lawyers Association
Publisher:
Total Pages:
Release: 2019
Genre:
ISBN: 9781522173441

Authored by experts with years of health care compliance experience, this new edition integrates changes in regulation, trends in enforcement, and the reasoning of the courts to help you navigate emerging and unsettled areas of compliance risk, such as self-disclosure obligations, risks associated with opioid use, and the impact of statistical sampling.Highlights of this edition include:All new glossary of health care compliance terms, including key statutes, acronyms, governing agencies, and moreExpanded civil monetary penalty and exclusion authorities under 2017 final rulesDiscussion of core elements of compliance programs for Medicare Advantage Plans and Part D Plans as established by federal regulationsExpanded whistleblower protections under federal and state law, false claims based on lack of medical necessity, materiality after Escobar, and recent enforcement activityExpanded discussion of determinations of medical necessity, CMS review of medical necessity terminations, consequences, and appeals processesRecent health information privacy and security developments, including new guidance, risks associated with innovative technologies, and trends in Health Insurance Portability and Accountability Act (HIPAA) enforcement activityNew chapters:Chapter 1, Glossary of Key TermsChapter 10, The Relationship between Enforcement and ComplianceChapter 17, Health Care Civil Rights and Nondiscrimination Under Section 1557 of the Affordable Care ActChapter 19, Behavioral Health

Medical Malpractice Litigation

Medical Malpractice Litigation
Author: Bernard S. Black
Publisher: Cato Institute
Total Pages: 337
Release: 2021-04-27
Genre: Law
ISBN: 194864780X

"Drawing on an unusually rich trove of data, the authors have refuted more politically convenient myths in one book than most academics do in a lifetime." —Nicholas Bagley, professor of law, University of Michigan Law School "Synthesizing decades of their own and others’ research on medical liability, the authors unravel what we know and don’t know about our medical malpractice system, why neither patients nor doctors are being rightly served, and what economics can teach us about the path forward." —Anupam B. Jena, Harvard Medical School Over the past 50 years, the United States experienced three major medical malpractice crises, each marked by dramatic increases in the cost of malpractice liability insurance. These crises fostered a vigorous politicized debate about the causes of the premium spikes, and the impact on access to care and defensive medicine. State legislatures responded to the premium spikes by enacting damages caps on non-economic, punitive, or total damages and Congress has periodically debated the merits of a federal cap on damages. However, the intense political debate has been marked by a shortage of evidence, as well as misstatements and overclaiming. The public is confused about answers to some basic questions. What caused the premium spikes? What effect did tort reform actually have? Did tort reform reduce frivolous litigation? Did tort reform actually improve access to health care or reduce defensive medicine? Both sides in the debate have strong opinions about these matters, but their positions are mostly talking points or are based on anecdotes. Medical Malpractice Litigation provides factual answers to these and other questions about the performance of the med mal system. The authors, all experts in the field and from across the political spectrum, provide an accessible, fact-based response to the questions ordinary Americans and policymakers have about the performance of the med mal litigation system.

Legal Aspects of Health Care Administration

Legal Aspects of Health Care Administration
Author: George D. Pozgar
Publisher: Jones & Bartlett Learning
Total Pages: 628
Release: 2018-03-08
Genre: Business & Economics
ISBN: 1284166988

This authoritative guide presents a wide range of health care topics in a comprehensible and engaging manner that will carefully guide your students through the complex maze of the legal system. With new case studies and news clippings in each chapter, the 13th edition continues to serve as an ideal introduction to the legal and ethical issues in the healthcare workplace.

Litigating Health Rights

Litigating Health Rights
Author: Alicia Ely Yamin
Publisher: Harvard University Press
Total Pages: 446
Release: 2015-04-01
Genre: Law
ISBN: 0986106208

The last fifteen years have seen a tremendous growth in the number of health rights cases focusing on issues such as access to health services and essential medications. This volume examines the potential of litigation as a strategy to advance the right to health by holding governments accountable for these obligations. It includes case studies from Costa Rica, South Africa, India, Brazil, Argentina and Colombia, as well as chapters that address cross-cutting themes. The authors analyze what types of services and interventions have been the subject of successful litigation and what remedies have been ordered by courts. Different chapters address the systemic impact of health litigation efforts, taking into account who benefits both directly and indirectly—and what the overall impacts on health equity are.

Health Care Fraud and Abuse

Health Care Fraud and Abuse
Author: Aspen Health Law Center
Publisher:
Total Pages: 156
Release: 1998
Genre: Business & Economics
ISBN:

Stepped-up efforts to ferret out health care fraud have put every provider on the alert. The HHS, DOJ, state Medicaid Fraud Control Units, even the FBI is on the case -- and providers are in the hot seat! in this timely volume, you'll learn about the types of provider activities that fall under federal fraud and abuse prohibitions as defined in the Medicaid statute and Stark legislation. And you'll discover what goes into an effective corporate compliance program. With a growing number of restrictions, it's critical to know how you can and cannot conduct business and structure your relationships -- and what the consequences will be if you don't comply.

Law and Ethics in the Business of Health Care

Law and Ethics in the Business of Health Care
Author: Joshua E. Perry
Publisher:
Total Pages: 542
Release: 2017
Genre: Medical care
ISBN: 9781634604840

This new textbook explores the world of healthcare law from business and ethical perspectives. It is designed to provide not only a broad survey of traditional healthcare law topics, including contracts, medical malpractice, institutional liability, and regulatory areas such as HIPAA and Stark, but also a deep dive into higher-order analysis of what makes the business of medicine unique. It does this by presenting ethical and professional conflicts in for-profit and entrepreneurial healthcare, by showing recent efforts at reform, and by engaging students with end-of-life care decisions and costs. Chapters include excerpts from seminal and cutting-edge articles and cases chosen to illustrate legal rules and concepts, as well as to present the boundaries of long-standing debates on matters of public policy, business strategy, and ethical considerations. Cases and readings are followed by questions and exercises for either individual or group use, designed to foster classroom discussion, written skills, and critical, interdisciplinary thinking.

The Federal Anti-Kickback Statute and Safe Harbors

The Federal Anti-Kickback Statute and Safe Harbors
Author: Geoffrey R. Kaiser
Publisher:
Total Pages:
Release: 2020
Genre: Medicaid fraud
ISBN: 9781641056618

"Introduces reader to the Anti-Kickback Statute, provides specific statutory exceptions and Safe Harbors and reviews interplay between the Anti-Kickback Statute and other laws"--

Poverty, Health and Law

Poverty, Health and Law
Author: Elizabeth Tobin Tyler
Publisher:
Total Pages: 0
Release: 2011
Genre: Health facilities
ISBN: 9781594607790

Not every illness has a biological remedy. Poverty, Health and Law presents health in the broader social context of people''s lives, providing insights into the advancement of health through legal advocacy and interdisciplinary solutions to complex social problems. Focusing on basic legal rights and their relation to health--income and employment, housing, education, legal status, and personal safety--the authors provide information and insight into how the law may be used as a tool to improve health and how health care providers and lawyers can work together to invoke more effective and preventive remedies for patients and clients. As America prepares for major reform of its health care system, Poverty, Health and Law brings to the forefront the need to address the root causes of illness and poor health, particularly among vulnerable populations, by exploring remedies and innovations both within and outside of the health care system. "[T]his book is a helpful resource for existing and emerging MLPs that is sure to inspire improved care for the poor." -- World Medical & Health Policy "This book is intended to be used in at least three ways: (1) as a teaching tool primarily for legal and medical educators; (2) as a guidebook for newer or contemplated MLP programs; and (3) as a resource and reference work for MLP practitioners. It succeeds in each of these categories. ...The chief pedagogical goal, whose attainment is likely to be aided immeasurably by this volume, is not to get physicians and attorneys to think alike, but rather to teach members of each profession how and why the other professional thinks as he or she does. ...Taking on an ambitious and provocative agenda, they have done an excellent job of preparing future and current medical and legal practitioners to work collaboratively on behalf of patients/clients who need their joint advocacy. Any reader interested in the ways in which law and medicine might intersect on behalf of consumers'' well-being will benefit from attention to ''the'' book on the current achievements and future promise of MLPs." -- Journal of Law, Medicine & Ethics, Marshall B. Kapp, J.D., M.P.H., Director of the Florida State University Center for Innovative Collaboration in Medicine & Law "[This book] is an invaluable compendium of collective wisdom concerning the theory and practice of MLP--a gift. Those new to the field, whether practitioners, students, academics or bureaucrats, will scarcely believe their luck that such an impressive resource now exists; an exhaustive treatment of MLP from the foundations up. But Poverty, Health and Law isn''t just an edited collection of pieces from legal and medical practitioners from around the States--it is a thoughtful and strategic treatment of the subject with a unified structure and consistent educative approach. Intended as both a teaching tool and a resource for those engaged or interested in MLP, the book boasts numerous valuable features...[w]hether you are beginning to explore MLP or wanting to supercharge an existing partnership or alliance, Poverty, Health and Law will prove to be an indispensible reference." -- Peter Noble, Advocacy Health Alliances blog "Poverty, Health and Law is a valuable resource to enhance understanding of the non-medical factors that affect health. Garnering the expertise of authors from healthcare and law, Poverty, Health and Law is intentionally written to be accessible to students across disciplines of medicine, law, social work and public health. It is a crucial step in advancing the medical-legal partnership model and will also serve as a catalyst to stimulate further research about addressing the social determinants of health." -- David R. Williams, Ph.D., M.P.H., Florence Sprague Norman and Laura Smart Norman Professor of Public Health, Professor of African and African American Studies and of Sociology, Harvard University "This ground-breaking work shows how doctors and lawyers across the country can work together to protect the health of our most vulnerable populations. A comprehensive collection of compelling essays written by national experts, this volume is an invaluable teaching tool for the next generation of legal and health professionals to help guide and inspire such innovative interdisciplinary collaborations in the future. It is also a must-read for practitioners and policy-makers alike who want to understand how real health reform can happen at the grass-roots level." -- Charity Scott, J.D., Professor of Law and Director of the Center for Law, Health & Society, Georgia State University College of Law "Medical-legal partnerships unite the medical and legal professions in a common goal and create the ideal team to serve the healthcare and legal needs of vulnerable populations including children, cancer patients, senior citizens, and HIV/AIDS patients. Not only do they provide critical direct services to patients, they also promote systemic advocacy efforts that have an enormously positive impact on healthcare policies and practices. Poverty, Health and Law is an important guide that could not have been published at a more vital time." -- Steven B. Scudder, J.D., Committee Counsel, ABA Standing Committee on Pro Bono and Public Service

Fundamentals of Health Law

Fundamentals of Health Law
Author: Barry D. Alexander
Publisher:
Total Pages: 564
Release: 2011-01-01
Genre: Medical care
ISBN: 9781422489611

This specialized and complex field of health law requires a thorough grounding in the basics, and Fundamentals of Health Law, 5th Edition, provides that grounding like no other book on the market does. This new edition has been thoroughly revised and made current to cover the basic issues of health law practice, from patient to facility issues, from permits and regulation issues to compliance and investigation issues, and includes issues raised by new laws, regulations and guidelines promulgated since the fourth edition in 2008, including the Affordable Care Act (ACA). This publication covers fundamental legal principles and issues to assist: * New Practitioners or experienced attorneys entering their first years of health-law practice; * Professors of health law searching for a comprehensive text for their students; and * Users of any law library looking for answers on the health law resource shelf.