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| Health Law | Contact me |
What is Health Law ?
The term "Health Law" covers the relation between the rights and responsibilities of patients, care providers, third party payers and the government. I have attempted to provide links to discussions of some of the topics that fall under this heading. More topics may be found on the pages of Universities which teach Health Law. I have found a useful list of topics in a course outline by Professor Vernellia R. Randall of the University of Dayton. See also William L. Manning's Health Law Resource.
For YOUR RIGHTS AS A PATIENT, see : Access to Health Care / Advocacy.
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Access
to Care / Patient Advocacy
/ Patient
Rights
NOTE: If you have a question about your
rights
under
Medicare, Medicaid,
or Private Insurance, a good
starting place is Your State's
Health Department. I have attempted to
collect
some of these links under State Law
below, but as
these
pages change frequently, you may look for more information on the
following
pages:
State
and
Federal Health Agencies.State
Government Page.Library
of
Congress.GovSpot.GlobalComputing.
ACCESS to CARE:
See Health Care Hippo-
.Medicaid.
Centers for Medicare
& Medicaid
Services
Medicare
-
"Official U.S. Government Site"
Center
for Medicare
Advocacy - Legal advice and self-help materials to people
denied
Medicare .
EMTALA
- The
Federal Statute Controlling your Right to Emergency Care -
See Federal Law below
National Association of Professional Geriatric Care Managers
<====
Do you need
options/advice regarding the
care
of your aging parent?
Asian Health
Services
Community Health Center.Advocate for immigrant Asian
Health
Care access
in Oakland, Ca.
Resources
for Cross Cultural Health Care. Addressing Language Barriers
to
Health Care.
California
Consumer
Healthscope. California Group advising on
Choice of Health
Plans
The
Center for
Health Care Rights - California based nonprofit health care
consumer advocacy organization.
Family
Planning Council .
Health
Care for All.
Massachusetts
toll-free Health Helpline for access to Health Care.
Medicaid
Consumer Network of Massachusetts..
Health
Insurance
Information, Counseling and Assistance (HIICAP).
Health Insurance Counseling, New York State
Health
Resources for People Without Insurance.Philadelphia
Nemours.org
sponsoring Children's clinics in Wilmington,
Jacksonville,
Orlando,
and Pensacola
Project
Hope.
Hospital Ship
Consumer
Health and Patient Information resources from Johns Hopkins Univesrity
.
Health
Care HIPPO - A Compendium of LINKS to Policies / Regulations
/ CFR
/
Case Law
ADVANCE
DIRECTIVES
.
. ANTITRUST
. . BIOLOGICAL
PRODUCTS
.
. BALANCED BUDGET
ACT
CONSUMERS
. . DISEASES
& CONDITIONS . . DRUGS
. . FACILITIES
& SYSTEMS
FDA
. . FRAUD
&
ABUSE
.
. HEALTHY
CONNECTIONS
.
. HIPPOHIPAA
HIPPOJOBS
. . HIPPONEWS
. . HIPPOTALK
. . INFECTION
CONTROL
INSURANCE
. . LABS,
DIAGNOSTIC
FACILITIES & TELEMEDICINE
. . LONG-TERM
CARE
MEDICAL
DEVICES
.
. MEDICARE
& MEDICAID . .
MENTAL
HEALTH & CD . . POLICY
& ADMININSTRATION . . PROFESSIONALS
. . PUBLIC
HEALTH
QUALITY
ASSURANCE
.
. RACE &
HEALTH . . REFORM
. . REPRODUCTIVE
RIGHTS
RESEARCH
INTEGRITY & BIOETHICS .
. RURAL
HEALTH .
. SOCIAL
SECURITY DISABILITY
STILL
SEARCHING?
.
. TAX-EXEMPT .
. TRAGICALLY
HIPP .
.
VACCINES .
. WIRED HEALTH
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Patient Rights
Rights In General / Patient's Bill of Rights
Patient's
Bill
of Rights Act. S.1890 (introduced 3/31/1998 by Sen
Daschle)
Status:
Read twice & referred to Committee
Patient
Rights
Program - dedicated to raising public awareness of the
importance
of
ensuring health privacy
The
Center for
Health
Care Rights - California-based nonprofit health care consumer
advocacy
organization.
Patients'
Rights in NY. PLUS disease based health information
Electronic
Policy Network
American
Public
Health Association
(APHA)
Mental Health
Bazelon
Center
for
Mental Health Law . Resources for enforcing rights of people
with
mental
disability
Model
for Mental
Health
Practitioner -Dr.
GROHOL's Mental
Health
Page .Being
Single.
Privacy
Medical
Records, Privacy & Confidentiality . Bill Manning.
8/03/1997
Medical
Record
Privacy
- News from (EPIC)
Electronic
Privacy
Information Center.
Health
Privacy
Project.
Privacy
Rights
Clearinghouse
.
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ADVOCACY - Organizations Focusing on Medical
Specialties,
Issues or Conditions
Patient
Advocacy
Numbers. from Johns Hopkins-Link
defunct: Archived - 2/2003.
Connecticut Consumer Health Information Network
Patient
Advocate Foundation.
National
Health Law Program
30 Years of Working for Justice in Health Care for Low Income People
Center
for
Health Care
Rights
Medical
and Public
Health Law
Consumers
Union
Health
Care Index.
NYS
Public
Health Forum
The
Center for Health Care
Rights
- California-based nonprofit health care consumer advocacy
organization.
Pathfinders
- Lists of Consumer oriented material by disease from Delaware Academy of Medicine
.
Abortion Law
Homepage .
Catholics
for
a
Free Choice.As the name suggests
California
Abortion
&
Reproductive Rights Action League.
Family
Planning
Advocates
of New York State.Hopefully this site will fix its FLASHING
text
Medical
Students for
Choice.
concerned with dangerous shortage of trained abortion providers.
AIDS
Action.
Canadian
HIV/AIDS
Legal
Network.
AIDS and the
Law
- David Webber.
AIDS
Institute at Harvard .
AIDS
Education
Global Information
System
Anesthesia Patient
Saftey
Foundation.
Asian
& Pacific Islander American
Health
Forum.
Association of Asian
Pacific Community
Health
Organizations.
Health
Administration Responsibility
Project
Home Page Attorneys
seeking to establish the
liability
of HMOs,
Managed Health Care
Organizations, and Nursing Facilities for the consequences of their
decisions.
Health
Consumer Alliance
(California).Uninsured...
Informed Consent menu page - BMJ 7136 28 March 1998 .
Global
Lawyers and
Physicians. focusing
on
health-related provisions of the Universal Declaration of Human Rights
American
Bar Association - Lawyer Referral Service.
Latin American Health
Institute.
The Alliance To End
Childhood Lead
Poisoning.
Instiute for Safe Medication Practices.
National Academy
for State Health
Policy.
National Coalition on
Health Care.
National Health Law
Program.
United Network for
Organ Sharing
- information on
organ transplants, donations, news, brochures
American Pain Foundation
Who Cancer Pain..edu. Patient Education Resources from Patient Advocacy Organizations
Single Payer
Sysetm:
Physicians for
a National Health Program.Physicians
for a National Health Program is a single issue organization
Telemedicine
Cyberspace
Telemedical Office
National
Women's Health
Network.
Dessiminating information to aid women make informed health
decisions
California
Women's Law Center.
Underserved Patients:
Doctors Without
Borders.
National Health
Service Corps (NHSC) is committed to improving
the health of the Nation's underserved
The National Rural Health
Association.
National
Rural Doctors Network .
Other Consumer Advocacy Groups
American Civil
Liberties Union.
Consumers
Union.
Family Voices.
Global Lawyers
and Physicians.
focusing on health-related provisions of the Universal Declaration of
Human Rights
HandsNet -
News, information,
alerts,
and the WebClipper brings customized news from over 600 websites to
your
email.
National Center for
Youth Law.
National Center on
Poverty Law.
New York Society for
Healthcare
Consumer Advocacy - Links
Pennsylvania Health Law
Project.
Public Citizen
Health Research.
Citizen's Groups working for exposing weaknesses and errors in the
Health Care System
Society for Healthcare
Consumer
Advocacy
.
SeniorLaw Resource Page.
National Organization of
Social
Security Claimants’ Representatives.
Tobacco
Control
Archives.
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ACADEMIC PROGRAMS AND LINKS
University
of Arkansas
Healthlaw links
Boston
University School of Public Health.Health Law Department - Pike Institute on Law and
Disability.
University
of Buffalo Center for Clinical Ethics .
Case Western
Reserve University
Law
School. Health
Matrix - Journal of Law-Medicine.
University
of
Chicago Law School .
Cleveland
Marshall University.
Concord
Law School -Healthlaw Track Los Angeles based "online" law
school
Cornell
Law.Legal
Information Institute
Dayton
University
Health Law Course Outline - Sprng 2002.
DePaul
University
-
Health Law Institute.
Emory
University.
.
University of
Houston Law
Center
- Health Law . LL.M
.
Florida
State University .
Georgetown
University - Bioethics .
Health
Law from Jurist
Legal Education Network.
Indiana University.
- William
S. and
Christine S. Hall Center for Law and Health.Health Law Links.
Lousiana State
University.
Pace
University School of Law - Health Law and Policy Program.
Quinnipiac
University - School of Law Center for Health Law and Policy.Health
Law Journal
University
of
Pennsylvania
.Center for Bioethics
Stanford
University Department of Health Research Policy.
St.
Louis
University School of Law . Health Law Links
University
of
South
Florida - Department of Mental Health Law & Policy.
Washlaw-HealthLaw.
Widener
University School of Law Health Law Program.
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**These pages
change frequently, you may look
for updated
information on the following pages:
State
&
federal Health Agencies.State Goverment.Library
of
Congress.GovSpot.GlobalComputing.
Medical
Malpractice Law
by
State - from McCullough, Campbell & Lane, Il..
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Info |
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PROFESSIONAL WEBSITE |
Federal Law / Agencies
EMTALA . ERISA . National Practitioner Data Base.Medicare-Medicaid.HIPAA . Agencies . Federal . TOP
EMTALA is the federal
law that defines your right
to emergency care.
ACUTE
CARE, INC.- Emergency Physician Contract Group - One of the
more
extensive pages discussing EMTALA
42 USC Sec.
1395dd .42
CFR 489.24.
American
Academy
of Emergency Medicine .
EMTALA
.
Stephen
Frew - Risk Management Consultant to Physician's Insurance Company of
Wisconsin.
Publisher of EMTALA
FAQ
.
Court Cases
- BLOG
in the works.
Garan
Lucow
Miller, P.C. Michigan Defense Law Firm - Text of Statute.
eMedicine
.
EMTALA article by Joseph Woods, M.D. , J.D.
American
College
of Emergency Physicians .
COBRA/EMTALA
Requirements.Harvard Risk Management Foundation
Horty-Springer
. Health Law Firm advising hospitals & physicians in 50
states.
EMTALA revisions were published on September
9, 2003 :
Official
Regulation from Federal
Register
: 42
CFR Parts 413. 482, 489.PDF.
Effect of revisions on Comments on the
revisions of
September
9, 2003:
Comments
by
American
College of Emergency Physicians.
Emergency
Physicians' Monthly-: Oct. 2003 - Lower burden for "on-call"
MD -
tougher on Hospital and ED ?
EMTALA . ERISA . National Practitioner Data Base.Medicare-Medicaid.HIPAA . Agencies . Federal . TOP
ERISA: Originally
enacted to protect worker's
pension plans, in practice ERISA has been interpreted to
limit the rights of HMO clients under the doctrine of
"federal
preemption".
The
limits
of preemption are guided by 29
U.S.C. 1144. See ERISA: 29 Section
1001 et. Seq.
==> ERISA
< == Search Recent Supreme Court Opinions
HARP ERISA
Regulation -
Importanty
court cases interpreting ERISA preemption.
ERISA
- A brief introduction for AT advocates by John Allen,
University
of
Iowa.
Ralph
Losey's Law Web
. The
Devil's Advocate ? - HMO defense lawyer extols virtues of
ERISA
preemption.
Michael
McKuin
-
ERISA Lawyer . ERISA
Links
. Articles
.
Erisa's
Dark Side:
Rossbacher,
Esq. 9 Depaul Business Law Journal 305 (1997)
With
A Friend
Like
This... (November 12 - November 18, 1998)
ERISA
Testimony-Ron
Pollack. A very
concise, yet thorough
explanation
of the inadequacy and injustice of ERISA
Litigation of Claims
and
Benefits Under ERISA
Florida ERISA
lawyer,
Paul M. Sullivan, Jr.
ERISA.
by Washington D.C.
attorney,
David M. Ermer
Employee
Benefits &
ERISA
.
EMTALA
. ERISA .
National Practitioner Data Base.Medicare-Medicaid.HIPAA
. Agencies . Federal . TOP
National
Practitioner
Data Bank - 42
U.S.C.
11101
et seq.
The
National
Practioner Data Bank is a mandatory reporting
system to allow
Hopitals
to know
whether a physician who is
on
staff, or is applying for privilieges has been successfully sued or
disciplined
in the
past. The information
recorded is generally NOT available to the general
public.
Choice Trust
- Reports on
doctor
discpline - FOR A FEE
National
Practitioner Data Bank
- Explanation of WHO can access the Data Banks
JAMA
Editorial
suggesting that the National Practictioner Data Bank has been
inneffective
in improving quality.
National
Practitioner Data Bank - Explanation from List-server
GAO
Report on Need to
Improve
the Reliability of NPDB .
Health Law
Update - McDermott,
Will & Emory.-
Large firm with Concentration in Health Law
National
Practitioner Data Bank Fact Sheet for the General Public
- USLaw.com
.
Hospitals
& HMO's
Frequently
Do Not Comply with Reporting Requirements N.Y. Times, May 29,
2001
§
A -1
Intro to
DataBank-Hartford
Courant-Reports
by State.State
Ranking.Links
to State Regulators.
questionbledoctors.org. 13 states have online versions of
their lists of
disciplines
doctors.
EMTALA . ERISA . National Practitioner Data Base.Medicare-Medicaid.HIPAA . Agencies . Federal . TOP
HIPAA
Health
Insurance
Portability and Accountability Act.42
U.S.C.
1301 et seq.
Title I of the Health Insurance Portability and Accountability Act of
1996 (HIPAA)
protects health insurance coverage for workers and their families when
they
change
or lose their jobs. HIPAA
Welcome
Page
.
Center for Medicare
and Medicaid
Services
.
HIPAA
Standards . American
Hospital Association
.
HIPAA Advisory
- From Phoenix
Health Systems -
consultant
to Hospitals and other Providers
EMTALA . ERISA . National Practitioner Data Base.Medicare-Medicaid.HIPAA . Agencies . Federal . TOP
MEDICARE / MEDICAID
MEDICARE - A
nice summary of Medicare
issues
can be found on William Manning's Health Law
Resource.
Overview Medicare.gov
-
Medicare
Basics Overview
Medicare is a federally funded Health Insurance Program for
1)
people aged 65 years and older, 2) certain disabled people,
and 3) people
with
End-Stage Renal Disease (with kidney transplants or on dialysis).
If you are a CONSUMER
with questions about
your
entitlements under Medicare, I recommend that you
begin your search
te'on your state's
Health Department web
site.
Medicare Overview: ColoradoGerentologicalSociety.
ElderCareOnline.InsWeb.NewMexicoMedicalReviewAssociation.
GAO
Reports:
Search
. GAO
Databases .
MEDICAID -
Summary of Medicaid
from William Manning's Health
Law Resource.
OVERVIEW Overview of
the Medicaid
Program
from HCFA
Web Page
.
Medicaid, is jointly funded cooperative venture between the
Federal
and State governments to assist
States
in the provision of medical care to eligible needy persons. Unlike
MEDICARE,
the rules of
eligibility
will vary from state to state. See
your state's
Health
Department Web Page.
Medicaid Overview: (SEE YOUR
STATE !!!): Wm.Manning.WellnessInc..Virginia.Oklahoma..
GAO
Reports:
Search
. GAO
Databases .
EMTALA . ERISA . National Practitioner Data Base.Medicare-Medicaid.HIPAA . Agencies . Federal . TOP
Agencies:
Search Federal Databases: Fedstats.FedWorld.Firstgov.Govbot.GovConnect.
Administration
on Aging
- Offers information and referral services on senior center and day
care
programs, health aide,
transportation, etc. - U.S.
Dept. of Heatlh
and
Human Services
Agency for Health Care
Policy and
Research.
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Managed Care | State
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Law |
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PROFESSIONAL WEBSITE |
| Access to Care | Health
Info |
Managed Care | State
Law |
Federal
Law |
Academic | Journals | Bioethics | Organizations | Misc | MD-JD
.com |
MY
PROFESSIONAL WEBSITE |
| Access to Care | Health
Info |
Managed Care | State
Law |
Federal
Law |
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.com |
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PROFESSIONAL WEBSITE |
BIOETHICS
American Journal of
Bioethics
American Society of Law,
Medicine and
Ethics..
American Society for
Bioethics and
Humanities
Biomedical
Ethics
- Oklahoma state University - DETAILED index of sites related to
bioethics.
Bioethics
Law in NY State.
Center
for
Bioethics
at the University of Pennsylvania .
Ethics Updates
Georgetown
University - Bioethics .
Human
Genome Project: Ethical, Legal, and Social Issues
IU-Indianapolis
Medical
Humanities Program
MacLean
Center
for Clinical Medical Ethics-Bioethics Resources
Medical College of
Wisconsin
Center for the Study of Bioethics
National
Bioethics
Advisory Commission
University
of Buffalo Center for Clinical Ethics .
Bioethics
Index .
AMA ethics
.
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MEDICAL Information on the NET
New
York Times Health Page.
Stanford
Healthlibrary.
Health
Care
Materials.
Health Care
Practice.
Health
Hippo.
KidsHealth.org.
Health information for parents and kids from the Nemours Foundation.
InsideHealthCare.
Mayo
Clinic
Health
Oasis - Includes health information, interactive quizzes,
audio
glossary,
medical illustrations, answers to common health questions and more.
Med
Help
International.
Mediwarp
- Your
health search
engine .
Medical
Matrix
Medline Access.
MedScape
- Site
contains
medical information, articles written by medical experts, peer-reviewed
full-text
medical journal articles, and a medical library.
National
Library of
Medicine.
Taking
Charge
of Your Health Care (BEAS).
UCLA
MedNet.
OnlineCancerGuide
Find Doctors / Information on Doctors
AMA
Doctor Finder .
Doctors
by Specialty by State .
Find
licensed doctors
by
state .
HealthGrades-
Doctor "grades"- $6.95
Choice
Trust - Reports
on doctor discpline - $9.95 to check each doctor regardless of whether
any
reports are found
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HEALTH LAW - Miscellaneous Links
The Health
Law Resource-William
Manning-Telemedicine.Bioethics.Confidentiality.Medicare
&
Medicaid.Fraud&Abuse
LexisONE.
Missouri
Law
Report . Online Journal focusing on Medico-Legal Issues
Health
Law Library -
Horty, Springer
& Mattern
American
Journal of Family Practice - Legal Medicine Articles
California
Mecial Practice Management
Center for Telemedicine Law.
FindLaw.
Health
Law
Section:-
State Bar of Texas .
Health Administration
Responsibility
Project
- Resource site for lawyers, doctors and patients considering actions
against
Managed Care
Organizations, Health Maintenance Organizations, and Nursing Homes.
HyperGuide to
the Mental
Health
Act.(United Kingdom)
Legal Information
Institute (LII):Health,Medicaid,Medicare,Mental
Health.
Medical
Experiments - Tuskegee
syphilis experiment
and
other shameful episodes in U.S. medicine.
Physician
Verification Service.??
Virtual
Chase:
Health Law.
Intro to
DataBank-Hartford
Courant - Reports
by
State.State
Ranking.Links
to State
Regulators.
questionbledoctors.org-
13 states have online versions of their lists of disciplines doctors.
Medical Services
Picc Line Nursing.
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MANAGED CARE
Health
Administration
Responsibility
Project Home Page
Attorneys seeking to
establish
the liability of HMOs,
Managed
Health Care Organizations, and Nursing Facilities for the consequences
of their decisions.
HARP
Attorney Page . Attorneys representng patients against HMO's
National
Committee for
Quality
Assurance.Watchdog for Managed Care Industry
Physicians for a
National
Health Program.Physicians for a National Health Program is a
single
issue
organization
advocating a
universal, comprehensive
single-payer
national health care program.
Managing
Managed Care - From Wellness Inc - Doctor
advocating "Evidence
Based
Medicine"
Universal Health
Care
Action Network.
Medrock
.
Referral
to FEE FOR SERVICE care for difficult or complex medical problems
National
Health Law
Program.
W.Manning
Medicare
and
Medicaid Links.
Ten
Commandments
for HMOs.
Aetna
Health
Plans
American
College of
Integrated Delivery
Systems
Blue
Cross/Blue
Shield Association
Centers
for Medicare
& Medicaid
Services (CMS) (formerly HCFA
Health Care
Financing Administration)
DHHS
Office of Inspector
General
Federation
of State Medical Boards, Health Care Fraud
Federation
of State Medical Boards, Special Committee on Managed Care
Healthcare
Financial Management
Association (HFMA)
Kaiser
Permanente
Medical Group
Management Association
(MGMA)
National
Health Care Anti-Fraud
Association (NHCAA)
Fighting
Managed
Care, a psychiatrist speaks out against managed care .
Dorland
Product for Managed Care Organizations..
Yahoo!
Health
> Health Administration .
HealthGrades
- The Healthcare Quality Experts .
Health Lawyers:
HARP
Attorney
Page . Attorneys representng patients against HMO's
Page,
Wolfberg & Wirth, LLC .Representation of EMS,
Ambulance and
Medical Transportation providers
McDermott,
Will & Emory.- Large firm with Concentration in
Health Law
Hollowell,
Mitchell, Peacock & Von Hagen.- NC firm Representing
physicians
and
other providers
Horty,
Springer & Mattern - Pittsburgh Firm working with
physians,
Hospitals AND Managed
Care Organizations
Doctor-Lawyers
- A sampling of MD-JD's.
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