health law: an overview

Improvements in technology and medical care have increased life expectancy by a considerable amount. Alongside these improvements, health care costs have risen dramatically. Because the health of the people in a nation reflects the health of the nation itself, health care law is vital for the stability of the Unites States.

Preserving public health is a primary duty of the state. Health regulations and laws are therefore almost all state based. Many states delegate authority to subordinate govermental agencies such as boards of health. These boards are created by legislative acts.

Federal health law focuses on the activity of the Department of Health and Human Services (http://www.os.dhhs.gov/) (HHS). It administers a wide variety of agencies and programs, like providing financial assistance to needy individuals; conducting medical and scientific research; providing health care and advocacy services; and enforcing laws and regulations related to human services. An important part of the HHS are the Centers for Medicare and Medicaid Services (http://www.cms.hhs.gov/), which oversee the Medicare and Medicaid Programs. Their goal is to ensure that elderly and needy individuals receive proper medical care.

Private health insurance originated with the Blue Cross (http://www.bcbs.com) system in 1929. The underlying principle was to spread the risk of high hospitalization bills between all individuals. Whether sick or healthy, all school teachers and hospital employees in the Dallas area had to join, ensuring that the risk was spread through a large number of individuals. Blue Shield was later developed under the same principle.

Today, many people receive health care through health maintenance organizations (HMO's). Managed care essentially creates a triangle relationship between physician, patient, and payer. Physicians are paid a flat per-member per-month fee for basic health care services, regardless of whether the patient seeks those services. The risk that a patient is going to require significant treatment shifts from the insurance company to the physicians under this model. Because of the importance of the industry, HMO's are heavily regulated. On the federal level the Health Maintenance Organization Act of 1973 governs.

menu of sources

Federal Material

Federal Statutes

• U.S. Code:
  • Food and Drugs - 21 U.S.C.
  • Hospitals and Asylums - 24 U.S.C.
  • Public Health and Welfare - 42 U.S.C.

Federal Regulations

• Title 21 C.F.R. (http://www.law.cornell.edu/cfr/21cfr.htm) - Food and Drugs
• Title 42 C.F.R. (http://www.law.cornell.edu/cfr/42cfr.htm) - Public Health

FederalJudicial Decisions

• U.S. Supreme Court: Recent Decisions Dealing with Health Issues (http://supct.law.cornell.edu/supct/search/index.html?query=hhs+or+hcfa+or+health)
• U.S.Circuit Courts of Appeals: Health Law Cases (http://www.law.cornell.edu/usca/search/index.html?query=hhs+or+hcfa+or+health)

State Material

State Statutes

• State Statutes Dealing with Health Issues (http://www.law.cornell.edu/topics/state_statutes.html#health)

State Judicial Decisions

• N.Y. Court of Appeals:
  • Recent Decisions on Health Issues (http://www.law.cornell.edu/nyctap/search/index.html?query=health+and+(doctor+or+medical)+not+liibulletin)
  • Commentary from liibulletin-ny (http://www.law.cornell.edu/nyctap/search/index.html?query=liibulletin+and+health+or+doctor+or+medical)
• Appellate Decisions from Other States (http://www.law.cornell.edu/states/)

Other References

Key Internet Sources

• Federal Agencies:
  • Department of Health and Human Services (http://www.os.dhhs.gov/)
  • U.S. Food and Drug Administration (http://www.fda.gov/)
  • Centers for Disease Control and Prevention (CDC) (http://www.cdc.gov/)
  • Centers for Medicare and Medicaid Services (http://www.cms.hhs.gov/)
  • National Institutes of Health (NIH) (http://www.nih.gov)
  • Substance Abuse and Mental Health Services Administration (SAMHSA) (http://www.samhsa.gov)
  • National Health Information Center (http://www.health.gov/nhic/)
• World Health Organization (http://www.who.org/)
• American Medical Forensic Specialists (http://www.amfs.com/)
• Health law index from  (http://law.slu.edu/healthlaw/research/links/index.html)

Useful Offnet (or Subscription - $) Sources

• Good Starting Point in Print: Furrow, Greaney, Johnson, Jost and Schwartz' Hornbook on Health Law (http://west.thomson.com/product/11552376/product.asp), West Group (2000)
• LII Downloads (http://www.law.cornell.edu/disks96.html)

other topics

Category: Public Benefits