Law Research Guides: Health Law

Last Updated: Sept. 19, 2014. AJB

This research Guide covers many of the issues surrounding how to research Health Law and approach interdisciplinary research in this field. For more in depth information on specific areas touched on but not heavily covered in this guide see the guides on Mental Health Law and the Americans with Disabilities Act.

 Secondary Sources

For a general introduction to the field look in American Jurisprudence, Corpus Juris Secundum, and Florida Jur 2d, under the topic, "Medical Care" Consider consulting a preeminent treatise such as:

Treatise on Health Care Law, ed. Michael G. Macdonald, (1991). Lexis

Periodicals and Books are also a good place to start.

 Federal Statutory Law

 Case Law

  • Westlaw Next has a database of health law cases. This database is searchable by typing "health law cases" into the general search bar and selecting "Health Law Cases" from the drop down menu.
  • Lexis Advance does not currently allow users to search only health law cases, however, it is possible to can enter the desired search then narrow that search by "cases" and "healthcare law" on the left hand side of the screen.
  • Bloomberg Law allows users to retrieve health law cases by searching Court Opinions and then selecting the "Health Law" option under "Select Topics" to restrict the search to health law cases only.

 Florida Law

Secondary sources related to health law in the state of Florida are scarce, however, the above mentioned resources can provide useful background and context. Florida Jurisprudence 2d. is another useful resource for secondary source information on Florida Law, and is available in print, on Lexis, & Westlaw.

Several provisions of the Florida Constitution address health law issues:

  • Claimant’s Right to Fair Compensation, Fl. Const. art. I, §26.
  • Workplace Without Tobacco Smoke, Fl. Const. art. X, §20.
  • Patient's Right to Know About Adverse Medical Incidents, Fl. Const. art. X, §25.
  • Prohibition of Medical License After Repeated Medical Malpractice, Fl. Const. art. X, §26.
  • Comprehensive Statewide Tobacco Education And Prevention Program, Fl. Const. art. X, §27.

The Florida Constitution is available in in print in the Florida Collection, KF29.F55, Westlaw, Lexis, & Online.

 Statutes

Most Florida health laws are contained in Title XXIX of the Florida Statutory Code. They are available in print in the Florida Collection, KF29.F55, Westlaw, Lexis, & Online.

 Regulation

The State of Florida website provides a helpful guide that refers users to the proper agency depending on the specific area of health law. Five primary agencies regulate health care concerns in the state of Florida. Regulations issued by each of these agencies can be found in Florida Administrative Code, under the following sections:

Florida State Regulations are also available on Lexis, Westlaw, & Bloomberg Law. For more information on Health Law in Florida Ask Us or contact the Florida Bar Association Health Law Section.

Medical References

 Medical Books

The Richter Library provides a number of subscription databases that may be useful when performing research on medical subjects.  For a list of related databases see Nursing & Health Studies and Global Public Health.

 Practice & Current Awareness

  • Bloomberg BNA features a number of health law practice centers including:

    • Health Law Resource Center, which contains legal analysis, federal laws, regulations, and agency documents, state laws and regulations, current health law cases, headlines, and Health Care Daily Report, Health Care Fraud Report, & Health Law Reporter.
    • Health Care Policy Report, which contains federal, state, and private-sector health care policy proposals, debates, and responses, news on medical professionals and organizations' decisions and actions, articles, interviews, special reports, and survey and study findings from health care research groups, and facts and figures relevant to current cases and corporate decision-making.
    • Health Insurance Report, which contains a health care implementation timeline, full-text collection of documents related to the Affordable Care Act, expert reports and articles on current topics in health law.
    • Health IT Law & Industry Report, which contains federal and state regulation and standards, reporting on partnerships and business deals between health care providers and health IT vendors, expert analysis on the move to adopt interoperable electronic health records, and interviews with government and industry leaders.
    • Life Sciences Law & Industry Report, which contains federal, state, and major international legislation, regulations, policies, and standards concerning the life sciences industry, court and administrative decisions, Congressional hearings, bills, and amendments, analysis from experts.
    • Medical Devices Law & Industry Report, which contains food and Drug Administration regulation of medical devices, including clinical trials, postmarket safety review, recalls, oversight of manufacturing practices, and advertising guidelines, federal and major state legislation and regulations affecting the sale of medical devices, enforcement actions, and news.
    • Medical Research Law & Policy Report, which contains information related to federal and state agency activity, assessments of new and amended rules and regulations, changes in enforcement and compliance, and significant legislative activities, major litigation and court decisions, explanations of complex and emerging issues by experts, and quick reads highlights.
    • Medicare Report, which contains new and amended rules and regulations, changes in programs and payment levels, significant legislative activities, major litigation, and pertinent court and administrative decisions, proposed and final CMS rules, public- and private-sector Medicare reform efforts and proposals, and articles on current topics in Medicare.
    • Pharmaceutical Law & Industry Report, which contains federal and state information on intellectual property/patent issues, drug pricing and reimbursement, FDA oversight, and Federal Trade Commission antitrust enforcement, Federal Register notices, court decisions, and government reports, and articles on emerging case law and litigation.
    • State Health Care Regulatory Developments which contains state health care regulatory developments, summaries of current state registers, notices, and information with citations to the state administrative code, date of publication, hearing schedules, effective dates, comment deadlines, and names and telephone numbers of state regulatory contacts.
  • Commerce Clearing House (CCH) provides a collection specific to health law:

    • CMS Manuals, contain day-to-day operating instructions, policies, and procedures based on statutes and regulations, guidelines, models, and directives. Westlaw & CMS Online Manual System.
    • COBRA Guide contains information on the legal requirements of health care continuation coverage and insurance conversion rights, presented in an easy-to-use format. Westlaw
    • Combined Health and Healthcare Reimbursement Library contains Westlaw
    • Drug & Cosmetics Law Reporter contains federal and state law, regulation, proposals, rulings, court decisions, and other developments governing the safety, effectiveness, purity, packaging and labeling of drugs and cosmetics. Particular attention is paid to the Federal Food, Drug and Cosmetic Act, the Fair Packaging and Labeling Act, and the Comprehensive Drug Prevention and Control Act. Westlaw
    • Food Law Reporter contains coverage of the Food and Drug Administration's (FDA's) regulation of food manufacturing and handling including labeling, quality, adulteration, manufacturing, food additives, nutritional guidelines, animal feed and pet food. Westlaw
    • Food, Drug & Devices contains several CCH publications relating to food, drug, and medical device regulation. Westlaw
    • Food, Drug & Cosmetics Law Reporter contains federal and state law, regulation, and court decisions governing the safety, effectiveness, purity, packaging and labeling of drugs and cosmetics. Particular attention is paid to the Federal Food, Drug and Cosmetic Act, the Fair Packaging and Labeling Act, and the Comprehensive Drug Prevention and Control Act. Westlaw
    • Health Care Analysis Locator contains information on the individual mandate for having health insurance, the employer mandate for providing health insurance, employer-provided health plan rules, benefits received under health insurance, medical expenses and health insurance, health reimbursement arrangements, health savings accounts, archer MSAs, health flexible spending arrangements, and COBRA continuation coverage. CCH Intelliconnect
    • Health Care Compliance Letter a bi-weekly newsletter containing news coverage, practical information and guidance, summaries, conference and seminar information, coverage of state legislative, regulatory, and court decisions, and expert discussions on the latest developments in the field of compliance. Westlaw.
    • Health Care Compliance Reporter contains compliance-related legislation, rulings and content, regulations, OIG reports, guidelines from the Department of Justice, selected EEOC Decisions, selected NLRB decisions, and cases and advisory opinions, both on the federal and state levels. Westlaw.
    • Health Care Fraud and Abuse Compliance Manual is a plain language guide to fraud and abuse laws written for health care providers. Westlaw.
    • Health Law Daily contains news created by attorneys for attorneys providing same-day coverage of breaking court and administrative decisions, legislative and regulatory developments, and agency rulings news and developments. Westlaw & Online.
    • HIPAA Guide for Employers contains up-to-date, overview on the HIPAA history and rules. Westlaw.
    • Medical Devices Reporter contains new developments regarding regulation of medical device manufacturing and marketing -- including classification, standards, inspections, seizures and recalls. as well as analysis explanations of device regulation, compliance and issues approval for Class I, Class II and Class III devices. Reference tools such as reproductions of required FDA forms and lists of agency officers and personnel are also included. Westlaw.
    • Medicare and Medicaid Guide contains tracking, reporting, explanation and analysis of Medicare and Medicaid law. Westlaw.
    • Medicare Part B Explained contains an explanation of the services and benefits provided under Medicare Part B and the eligibility standards, application or enrollment and premiums or other payments, exclusions from coverage, administrative provisions, payment rules and claims and appeals. Westlaw.
    • State Healthcare Laws Library contains healthcare law and regulations for each of the 50 states and the District of Columbia. Westlaw.

Understanding TRICARE (formerly Understanding CHAMPUS) contains explanations, developments, federal laws, and federal regulations as well as explanations covering eligibility, scope of coverage, reimbursement, fraud and abuse, and peer review. Westlaw.

 Internet Sources

 Select Books From the UM Law Library

 Careers In Health Law

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QUICKLINKS

Training
Library Hours
Library Staff
Ask a Librarian

ACCESSING DATABASES FROM OFF-CAMPUS OR USING WIRELESS
Instructions: Video  |  Text

HELPFUL PHONE NUMBERS

Library Reference: 305-284-3585
Library Circulation: 305-284-3563
Automated Operator: 305-284-2250
Copy Center: 305-284-3272
Computer Help Desk: 305-284-5297

 

QUOTE
"Perhaps the two most valuable and satisfactory products of American civilization are the librarian on the one hand and the cocktail in the other."
- Louis Stanley Jast, Librarian