07/19/2023
Understanding Health Law and The Role of Health Lawyers
Health law is a complex field dedicated to governing the health care industry.
This legal practice focuses on providing guidance and advice on applicable regulations affecting the operations of hospitals, long term care facilities, nursing homes, and other health care providers.
The rules it encompasses are designed to ensure patients' health issues are addressed properly and their rights are protected.
Health Care Lawyers: Hospitals, Doctors and Pharmaceutical Companies
Health care lawyers or healthcare attorneys play an instrumental role within this framework. Their job typically involves interpreting and applying these intricate rules and regulations to a variety of situations in the health care sector.
Their clients may include not only health care providers like hospitals and doctors but also pharmaceutical companies, medical device manufacturers, and even government agencies. Their primary service is to provide advice, ensuring their clients understand and comply with a myriad of health care laws.
In the midst of the evolving health care landscape, notably shaped by events such as the coronavirus pandemic, the role of health care lawyers becomes more significant. They help navigate the wide array of changes in rules, laws and regulations, - as well as compliance, maintaining a pivotal position in the management of legal, ethical, and business challenges in the health care system.
Law School: Becoming a Health Lawyer
The journey to becoming a health lawyer typically begins with earning a bachelor's degree. Students interested in this field may consider degrees in pre-law, legal studies, political science, or health-related disciplines that provide foundational knowledge in law and health care.
Upon completion of their undergraduate studies, aspiring health lawyers typically proceed to law school. Once at law school they delve deeper into the legal practice, studying a broad spectrum of rules and regulations - and for this particular concentration - health law and health care law.
Some law schools offer specialized courses in health law and health care law, exposing students to issues such as health care fraud, medical malpractice, fraud and abuse, and the legalities surrounding the health care industry - which are typically the bread and butter for a health law firm.
Affordable Care Act and Other Statutes
During law school, students learn about many aspects of health care law, including the Affordable Care Act, Stark Law, Anti-Kickback Statute, and other federal laws. They are also introduced to topics in law school related to health law and health care law such as health insurance portability and accountability, and the intricacies of informed consent. These crucial areas of study help to prepare them for their future role as health care lawyers.
Passing The Bar
After law school, the next step in becoming a health care attorney is the bar exam. Passing the bar exam is a critical milestone that grants the attorney the legal permission to practice law. It's an assessment of an attorney's comprehension and aptitude in all areas of law, including the specialized field of health care law.
Lastly, it's noteworthy to mention that education for a health care attorney doesn't end after passing the bar exam. Health law and health care law are both dynamic fields, with laws often changing, especially during critical periods like a pandemic. Therefore, continuous learning and staying updated with the current laws are integral aspects of being a health care lawyer. Health care attorneys must also keep an eye on the latest medical device companies and medical equipment and any possible implications related to health care providers or health care law.
Key Areas for a Health Care Lawyer
The field of health law is vast, encompassing a multitude of areas where a health care lawyer typically serves as a critical advisor. One significant area is health care fraud and abuse, which involves potential infractions of laws such as the Anti-Kickback Statute and the Stark Law.
Health lawyers provide advice to medical professionals and health care organizations to help them understand and navigate these complex rules, preventing unintentional violations that could lead to substantial penalties.
Furthermore, a health care lawyer often works with Medicare and Medicaid, the government programs that provide health coverage to certain populations. They assist in interpreting and applying the health law rules that govern these programs, and also provide guidance on the implications of major health care laws.
HIPAA
Health care compliance and risk management is another core component of health law. Health lawyers help health care providers, including hospitals, nursing homes, and other health care organizations, adhere to various rules that aim to ensure quality patient care and safeguard patient rights. In addition, they guide people in implementing effective risk management strategies, reducing potential liability.
They help health care providers understand their obligations under the Health Insurance Portability and Accountability Act (HIPAA) and clarify the legal aspects of obtaining informed consent from patients, ensuring patients' rights are upheld in the process.
The Role of Health Lawyers in the Health Care Industry
Health lawyers hold a pivotal position within the healthcare industry, serving a diverse client base that includes hospitals, doctors, pharmaceutical companies, medical device manufacturers, and government agencies.
One of their key roles is to provide advice and representation to these individuals or companies, ensuring that they operate within the framework of applicable rules and requirements in the health care sector.
Health care lawyers also assist with health care management, guiding health care providers in the effective administration of their services.
They may be involved in forming and advising on joint ventures and employment agreements, helping to forge strategic partnerships and promote fair employment practices within the industry.
Health Care Lawyers and the Pandemic
In the dynamic and ever-changing environment of the healthcare industry, health lawyers help people navigate the landscape of often-complicated regulations. For instance, during crisis periods like the coronavirus pandemic, these lawyers played an invaluable role in interpreting new laws and government directives, helping organizations continue to provide services while ensuring compliance.
A health care attorney also aids clients in complex transactions, such as mergers and acquisitions, ensuring that they meet all legal requirements and protect their interests. They even represent people in cases of alleged violations of the law, defending their rights and interests in legal proceedings.
The Expanding Scope of Health Law
The field of health law is constantly evolving, expanding to accommodate the changing needs and complexities of the health care industry. With growing interest in areas like long-term care facilities, nursing homes, and non-profit organizations, health lawyers find themselves increasingly involved in these sectors.
In addition, health lawyers are increasingly working on issues related to medical malpractice and physician practices. They advise on legal matters pertaining to the practice of medicine, including informed consent, risk management, and the application of regulations to new medical technologies.
Health Care Lawyers in Private Practice
Health lawyers aren't confined to government agencies or large health care entities. Many are finding roles in private practice or law firms, where they offer their services to a wider array of individuals.
From addressing the legalities surrounding employment agreements to advising on joint ventures, they serve an essential function in promoting legal compliance and ethical conduct within the health care industry.
The health law practice has a broad and diverse reach, touching almost every aspect of the health care system, and continues to adapt and grow in response to the industry's evolving needs and challenges.
American Public University's Master's Degree in Legal Studies
American Public University (APU) offers a comprehensive Master's Degree in Legal Studies, designed to provide students with a robust understanding of the legal system. This program is ideally suited for those with an interest in enhancing their knowledge of law and legal issues but not intending to become practicing attorneys.1
Flexibility and Convenience
One of the significant benefits of studying at APU is the university’s flexible, asynchronous schedule. Understanding the busy lives of their students, APU offers a learning model that allows students to access course materials and complete assignments at any time of day. This asynchronous approach provides the convenience of studying at one's own pace, accommodating those who may be balancing other commitments like work or family responsibilities.
Expert Faculty Bringing Real-World Experience
APU prides itself on its faculty members, who bring a wealth of real-world experience to the classroom. These expert professionals come from diverse legal backgrounds, including practicing attorneys, judges, and legal scholars.
The faculty’s wide-ranging experience also means they can offer insights into a variety of areas within the field of legal studies. Whether students are interested in criminal law, health law, or another area of legal studies, they are likely to find faculty members who can provide guidance and share relevant experiences.
1. Although some states do not require a Juris Doctor for bar entry, this program does not prepare you for the practice of law or admission to the bar of any state based solely on completion of this program
