This course is designed to be a comprehensive, in-depth examination of law and health
care delivery. The course examines rights of access to care, the financing and organization of
care, and quality of care, with particular emphasis on how law interacts with these issues.
Prominent topics include rights to emergency care, health insurance benefits design and coverage
decisions (e.g., denial of coverage on grounds of experimental care or lack of medical necessity),
the impact of the federal ERISA law, Medicare and Medicaid, ERISA preemption of state
regulation and tort remedies, the Americans with Disabilities Act, payment of hospitals, doctors,
and other providers, the rise and regulation of managed care, the application of antitrust law to
the health care industry; the law of fraud and abuse; privacy rights and other aspects of HIPAA,
the concept of quality of care, medical malpractice law and its reform, informed consent, and the
role of hospitals, HMOs, and other entities in ensuring quality of care and bearing liability for
damages. The course also covers health reform efforts at the federal and state levels, including
recent federal developments, and the legal, market, professional, and other dynamics of the
health care system.