Health law is a field of law that encompasses federal, state, and local law, rules, regulations and other jurisprudence among providers, payers and vendors to the health care industry and its patients, and delivery of health care services, with an emphasis on operations, regulatory and transactional issues.
25-761: The Florida Bar defines "health law" as "legal issues involving federal, state, or local law, rules or regulations and health care provider issues, regulation of providers, legal issues regarding relationships between and among providers, legal issues regarding relationships between providers and payers, and legal issues regarding the delivery of health care services." American University's college of law, in health law and policy, divides health law into 4 areas: health care law (focused on treatment), public and population health law (focused on prevention), bioethics, and global health law. The terms " legislation " and " law " are used to refer generically to statutes, regulation and other legal instruments (e.g. ministerial decrees) that may be
50-508: A non-legislative act by an executive or administrative body under the authority of a legislative act. Legislation to design or amend a bill requires identifying a concrete issue in a comprehensive way. When engaging in legislation, drafters and policy-makers must take into consideration the best possible avenues to address problem areas. Possible solutions within bill provisions might involve implementing sanctions , targeting indirect behaviors, authorizing agency action, etc. Legislation
75-478: A similar program in 2002 modeling its program after Florida's. One way in which an attorney in the United States can obtain additional education to practice health law or to use in becoming certified in the specialty of health law is through Master of Laws (LL.M.) programs offered by certain law schools. The LL.M. is considered to be a postgraduate law degree which shows a higher level of course work and study above
100-405: A society organized for political action, the will of the people as a whole is the only right standard of political action. It can be regarded as an important element in the system of checks and balances and representative democracy. Therefore, the people are implicitly entitled even to directly participate in the process of law-making. This role of linking citizens and their government and legislators
125-513: Is closely related to the concept of legitimacy. The exercise of democratic control over the legislative system and the policy-making process can occur even when the public has only an elementary understanding of the national legislative institution and its membership. Civic education is a vital strategy for strengthening public participation and confidence in the legislative process. The term " dead letter " refers to legislation that has not been revoked, but that has become inapplicable or obsolete, or
150-600: Is no longer enforced. In more simpler terms, it means that the legislation is gone. There are several types of dead letter laws. Some laws become obsolete because they are so hateful to their community that no one wishes them to be enforced (e.g., slavery ). Similarly, some laws are unenforced because a majority wishes to circumvent them, even if they believe in the moral principle behind the law (e.g., prohibition ). Finally, some laws are unenforced because no mechanism or resources were provided to enforce them. Such laws often become selectively enforced or tacked onto other crimes in
175-404: Is regarded as one of the three main functions of government, which are often distinguished under the doctrine of the separation of powers . Those who have the formal power to create legislation are known as legislators ; a judicial branch of government will have the formal power to interpret legislation (see statutory interpretation ); the executive branch of government can act only within
200-403: Is sometimes used to include these situations, or the term primary legislation may be used to exclude these other forms. All modern constitutions and fundamental laws contain and declare the concept and principle of popular sovereignty, which essentially means that the people are the ultimate source of public power or government authority. The concept of popular sovereignty holds simply that in
225-460: Is subject to checks by the other two; in general, the role of the legislature is to pass laws, which are then enforced by the executive, and interpreted by the judiciary . The executive can also be the source of certain types of law or law-derived rules, such as a decree or executive order . In those that use fusion of powers , typically parliamentary systems , such as the United Kingdom ,
250-430: Is the issue at hand and alternative theories that can be based on the hand formula. There are other aspects of importance within the area of medical malpractice, such as causation, where medical probability and loss of chance are present. Damages, where the value of life and tort reforms appear to differ, and affirmative defenses, within the doctrine of informed consent, where waivers cannot suffice. There are rules such as
275-427: Is usually proposed by a member of the legislature (e.g. a member of Congress or Parliament), or by the executive, whereupon it is debated by members of the legislature and is often amended before passage . Most large legislatures enact only a small fraction of the bills proposed in a given session . Whether a given bill will be proposed is generally a matter of the legislative priorities of the government. Legislation
SECTION 10
#1732869543969300-447: The basic law degree (J.D. or B.S.L.). Some law schools with graduate law programs do offer a general LL.M. with course emphasis on health law, global health law, public health law, forensic medicine or similar studies. Medical malpractice is also an area where law and medicine are interconnected, which relates to the standard of care, where custom similar locality rule may apply. There may be different schools of thought, where reputability
325-407: The behavior desired. Where appropriate, the aim is to use incentives before sanctions. However, when those being regulated do not respond accordingly, escalating sanctions can be invoked. These strategies may be broadly classified into five groups: Areas of law that may fall under the umbrella of health law include: In the U.S., medicine and the law are interconnected. The law intervenes to regulate
350-688: The discovery rule that states that the statute of limitations starts to run when the injury has been discovered and not when it took place. Legislation Legislation is the process or result of enrolling , enacting , or promulgating laws by a legislature , parliament , or analogous governing body . Before an item of legislation becomes law it may be known as a bill , and may be broadly referred to as "legislation" while it remains under consideration to distinguish it from other business. Legislation can have many purposes: to regulate, to authorize, to outlaw, to provide (funds), to sanction, to grant, to declare, or to restrict. It may be contrasted with
375-447: The duty to treat, that essentially is ruled by contract law, which gives a doctor the right to refuse treatment, in the absence of an emergency, when no previous doctor-patient relationship existed. However Doctors cannot discriminate because of disability, ADA, abandon a patient, or not render services in an emergency according to EMTALA (it aims doctors in emergency rooms, where they need to screen, stabilize and transfer. It also regulates
400-426: The executive ( ministers ), are also members of the legislature, and hence play an important part in both the writing and enforcing of law. In presidential systems , the directly elected head of government appoints the ministers. The ministers can be directly elected by the voters. In this context, the executive consists of a leader or leader of an office or multiple offices. Specifically, the top leadership roles of
425-454: The executive branch may include: In a presidential system , the leader of the executive is both the head of state and government. In some cases, such as South Korea , there is a Prime Minister who assists the President, but who is not the head of government. In a parliamentary system , a cabinet minister responsible to the legislature is the head of government, while the head of state
450-471: The executive forms the government, and its members generally belong to the political party that controls the legislature. Since the executive requires the support and approval of the legislature, the two bodies are "fused" together, rather than being independent. The principle of parliamentary sovereignty means powers possessed by the executive are solely dependent on those granted by the legislature, which can also subject its actions to judicial review. However,
475-461: The executive often exercises broad influence over national politics, though limitations are often applied to the executive. In political systems based on the separation of powers , such as the United States of America , government authority is distributed between several branches in order to prevent power being concentrated in the hands of a single person or group. To achieve this, each branch
500-444: The executive often has wide-ranging powers stemming from the control of the government bureaucracy , especially in the areas of overall economic or foreign policy . In parliamentary systems, the executive is responsible to the elected legislature, which must maintain the confidence of the legislature or one part of it, if bicameral. In certain circumstances (varying by state), the legislature can express its lack of confidence in
525-499: The executive, which causes either a change in governing party or group of parties or a general election. Parliamentary systems have a head of government (who leads the executive, often called ministers ) normally distinct from the head of state (who continues through governmental and electoral changes). In the Westminster type of parliamentary system , the principle of separation of powers is not as entrenched as in some others. Members of
SECTION 20
#1732869543969550-426: The fiduciary duties of doctor-patient, such as privacy HIPAA , informed consent (battery unlawful touch), conflict of interests, (Moore case), etc. Health Law was first adopted as a separate legal specialty in which attorneys could become "board-certified" and in which they could hold themselves out as a "legal specialist" or "legal expert" by The Florida Bar's Board of Legal Specialization in 1995. Later Texas adopted
575-413: The forms of law used in a particular country. In general, there are a wide range of regulatory strategies that may be used to ensure people's health and safety. Increasingly, regulators are taking an approach of "responsive regulation". This involves using mechanisms that are responsive to the context, conduct, and culture of those being regulated, providing for a range of regulatory mechanisms to achieve
600-421: The judicial process. Executive (government) The executive , also referred to as the juditian or executive power , is that part of government which executes the law; in other words, directly makes the key decisions and holds power. The scope of executive power varies greatly depending on the political context in which it emerges, and it can change over time in a given country. In democratic countries,
625-476: The powers and limits set by the law, which is the instrument by which the fundamental powers of government are established. The function and procedures are primarily the responsibility of the legislature. However, there are situations where legislation is made by other bodies or means, such as when constitutional law or secondary legislation is enacted. Such other forms of law-making include referendums , orders in council or regulations . The term legislation
#968031