The definition of this area of law is painfully simple: Health care law regulates the health care industry. It governs the relationship between health care providers and recipients. Health care law encompasses numerous intertwined legal matters and issues.
As a health care lawyer, you may focus on a single issue of law to that field, or you may offer comprehensive legal services for a health care organization. Here are some of the major areas of health care law.
There are several health laws and regulations that stakeholders in the health care industry need to comply with. Laws such as COBRA and HIPPA help ensure that health care providers follow the laws and offer the highest standard of care.
One of the major mandates for health lawyers is to combat fraud and abuse in the health care industry. There are several facets of health care fraud, including insurance fraud, drug fraud, and professional misconduct. A health care attorney may work for a state or federal attorney’s office that handles such cases.
Third-party payers play an integral role in the U.S. health care system. Patients usually look to private insurance providers to cover a part of their health care cost.
Government-sponsored insurance programs such as Medicare may also cover health care costs. Individuals may pay for health insurance out of their own pockets or receive it as an employment benefit.
In this instance, health lawyers ensure their clients are compliant with insurance laws. They also help litigate disputes between health insurance providers and their clients.
Health care service providers depend on health care attorneys to help them incorporate and operate. Once a health care organization has been set up successfully, it may need help with operational issues such as contracting with service providers. A health lawyer will ensure that this is done within the provisions of all applicable laws and regulations.
Producing a new drug or medical equipment involves a lot of research and hard work. Medical device manufacturers and pharmaceutical companies need health care lawyers to take them through the intricate approval process.
These lawyers may also help their clients to draw contractual agreements from the sale and marketing of their products. Moreover, they can help their clients to litigate on any issues that may arise concerning drugs or medical equipment.
A health lawyer can represent a patient or health care provider in a medical malpractice case, such as when a patient claims to be a victim of medical negligence. Each state has its own laws and regulations for medical malpractice claims.