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.
Treatise on Health Care Law, ed. Michael G. Macdonald, (1991). Lexis
Federal Statutory Law
- Americans with Disabilities Act, 42 U.S.C. §12101. - See ADA Research Guide.
- Breast and Cervical Cancer Treatment and Prevention Act, 42 U.S.C. §1305, with Amendment, Pub. L. 107-121.
- Children's Health Insurance Program (CHIP), 42 U.S.C. §1397aa.
- Consolidated Omnibus Budget Reconciliation Act (COBRA), 29 U.S.C. §1161.
- Employee Retirement and Income Security Act (ERISA,) 29 U.S.C. §1001.
- Food, Drug, and Cosmetic Act, 21 U.S.C. §301.
- Health Care and Education Reconciliation Act of 2010, Pub. L. 111-152.
- Health Insurance Portability and Accountability Act (HIPAA), 42 U.S.C. §1320d.
- Medicare & Medicaid, 42 U.S.C. §1395 & 42 U.S.C. §1396.
- Medicare Drug, Improvement, and Modernization Act (MMA), 42 U.S.C. §1305.
- Mental Health Parity Act, 42 U.S.C. §1185a.
- Occupational Safety and Health Act of 1970 (OSHA), 29 U.S.C. §651.
- Patient Protection and Affordable Care Act, 42 U.S.C. §18001.
- Social Security Act, 42 U.S.C. §301.
- Toxic Substances Control Act 15 U.S.C. §2601.
- Worker's Compensation, 5 U.S.C. §801.
- 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.
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 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:
- Volume 3 Title 10 - Department of Health and Rehabilitative Services
- Volume 7 Title 58 - Department of Elder Affairs
- Volume 7 Title 59 - The Agency for Healthcare Administration
- Volume 10 Title 64 - Department of Health (formerly Department of Health and Rehabilitative Services)
- Volume 11 Title 65 - Department of Children & Family Services
- Dorland's Illustrated Medical Dictionary, 30th Ed. Reference Collection, R121.D73 2003 & Online.
- Stedman's Medical Dictionary, 27th Ed. Reference Collection, R121.S8 2000 & Westlaw
- The Merck Manual, 19th Ed. Reference Collection, RC55.M4 & Online.
- Merck's Index, 14th Ed. Reference Collection, RS51.M4 2006 & Online.
- American Psychiatric Glossary, 8th Ed. Reference Collection, RC437 .S76 2003.
- Physician's Desk Reference (PDR), 68th Ed. Reserve Collection, RS75.P5 v.68 2014 & Online.
- PDR Companion Guide, 52nd Ed. Reserve Collection, RS75.P372 58 2004.
- PDR for Nonprescription Drugs, Dietary Supplements, and Herbs, Reserve Collection, RM671.A1 P48.
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.
The following journals are all held by the library and located in the Anglo-American Periodicals section, shelved alphabetically, by title. To find these titles at the library, go to our catalog Baron.
- DePaul Journal of Health Care Law, HeinOnline, Westlaw, & Lexis.
- Indiana Health Law Review, HeinOnline, Westlaw Lexis, & Online.
- Journal of Health & Biomedical Law, HeinOnline, Westlaw, Lexis, & Online.
- Journal of Health Care Law and Policy, HeinOnline, Westlaw, & Lexis, & Online.
- The Journal of Contemporary Health Law & Policy, Online.
- Journal of Health Politics, Policy, and Law, Online.
- Journal of Law and Health, HeinOnline, Westlaw, Lexis, & Online.
- The Journal of Law, Medicine, & Ethics, American Society of Law, Medicine, & Ethics Online.
- The Journal of Legal Medicine, Lexis.
- Health, Economics, Policy & Law, Online.
- Health Law & Policy Brief, Online.
- The Health Lawyer, HeinOnline, Lexis, & Online.
- Health Matrix: Journal of Law-Medicine, HeinOnline, Westlaw, Lexis, & Online.
- Houston Journal of Health Law and Policy, HeinOnline, Westlaw, Lexis, & Online.
- Mental & Physical Disability Law Reporter, HeinOnline.
- Quinnipiac Health Law Journal, HeinOnline, Westlaw, Lexis, & Online.
- Yale Journal of Health, Policy, Law, & Ethics HeinOnline, Westlaw, Lexis, & Online.
- The American Bar Association Health Law Section
- ABA Commission on Mental and Physical Disability Law
- American Health Lawyer's Associaion
- American Public Health Association, an organization bringing together members from all fields of public health to influence federal policy and advocate public health issues and policies backed by science.
- Center for Disease Control and Prevenion has a Public Health Law Program which provides information and education.
- Center for Health Law Innovation & Policy, a Harvard organization focusing on legal, regulatory, and policy reforms to improve the health of underserved populations, with a focus on the needs of low-income people living with chronic illnesses and disabilities.
- Healthcare.gov contains information on the Affordable Care Act, explaining the new statute
- Kaiser Family Foundation provides a polling and statistical information on health care and a Health Reform Implementation Timeline related to the enactment of health care related legislation.
- Law Atlas, a website that collects, measures and displays state-level laws.
- Network for Public Health Law, a group of public health attorneys and practitioners located at a National Coordinating Center and five Regional Centers providing knowledge, tools and resources to help in the development, evaluation and enforcement of law and policy to improve health outcomes.
- O'Neill Institute for National and Global Health Law, a Georgetown University organization seeking innovative solutions to national and international health concerns.
- Public Health Law Research, a Temple University organization sponsored by the Robert Wood Johnson Foundation working to build an evidence base for laws that improve public health.
- Wall Street Journal offers a page of information dedicated specifically to the Health Law Rollout.
- World Health Organization is the directing and coordinating authority for health within the United Nations system, providing leadership on global health matters, shaping the health research agenda, setting norms and standards, articulating evidence-based policy options, providing technical support to countries and monitoring and assessing health trends.
Select Books From the UM Law Library
- The 23rd Annual Institute on Health Care Fraud. Treatise Collection, KF3608.A4 H44.
- The Advisor's Guide to Long-Term Care. Treatise Collection, KF3826.N8 A73 2013.
- Bioethical and Evolutionary Approaches to Medicine and the Law. Treatise Collection, R724.K487 2007.
- Clinical Research and the Law. Treatise Collection KF 3827.M38 T47 2012.
- Consent to Treatment: A Practical Guide 4th Ed. Looseleaf. KF3827.I5 R69 2007.
- Health Care Law and Ethics in a Nutshell 3d. Ed. Reserve Collection, KF3821.Z9 H35 2011.
- Healthcare Records, Management, Disclosure, & Retention, KF3827.R4 T65 1993.
- Health Law, 2d Ed. Reserve Collection, KF 3821.H4343 2000.
- How Doctors Think. Treatise Collection, R723.5.G75 2007.
- Litigating the Nursing Home Case, 2d Ed. Treatise Collection, KF3826.N8 O74 2014.
- Medical-Legal Aspects of Long-Term Care, Treatise Collection, KF3826.N8 M43 2003.
- Medical Records and the Law, 4th Ed. Treatise Collection, KF3827.R4 R63 2006.
- Medical Records Privacy Under HIPAA 2d Ed., Looseleaf, 2 vols. Treatise Collection, KF3827.R4 M343.
- Mental Health and Disability Law in a Nutshell. Reserve Collection KF3828.Z9 H47 1997.
- A Practitioner's Guide to Hospital Liability. Treatise Collection, KF3825.3 O74 2011.
- Problems in Health Care Law. Treatise Collection, KF3825.M53 2000.
- Public Health Law in a Nutshell. Reserve Collection, KF3775.Z9 H63 2014.