5 Questions Attorneys Ask About Healthcare

April 23, 2019

As the ACA faces another challenge in the courts after the current Administration rescinded the tax, healthcare issues promise to feature prominently in the 2020 election. With American medical spending accounting for almost 18% of the GDP, and a maze of complicated regulations to sift through, there is a lot of information to digest about this complex, gargantuan industry. For attorneys seeking to understand more about the American healthcare system, we have compiled some of the top questions attorneys are asking about healthcare law, and how they can find answers:bigstock-Medical-Law-Health-Law-Concep-247614571 (1)

  1. What is going on with the ACA? Following a new challenge to the ACA, a Texas judge found the law to be unconstitutional in December 2018. That decision awaits appeal at the 5th Circuit, and will probably eventually make its way back to the Supreme Court. While you wait, you can learn more about the underlying legal issues and the political landscape, and hear predictions about the future of the Act in The Status of the Affordable Care Act and Future Implications for the Healthcare Marketplace.
  2. How do you handle problematic physicians? As allegations of abuse ramp up across industries, the medical profession has been no exception. Unprofessional and abusive physicians contribute to medical errors, poor patient outcomes, and lawsuits. Managing Disruptive Physicians in the #MeToo Era examines various case studies and hypotheticals in order to review the legal principles at play when disciplining doctors, providing a practical guide to avoiding claims of sexual harassment and hostile work environment.
  3. Did my client commit insurance fraud? Understanding what constitutes fraud amid the overlapping frameworks of federal and state laws (both civil and criminal) and insurance regulations can be tricky, and practitioners may commit fraud unwittingly. Best Practices in the Representation of Professionals in Insurance Fraud Matters will help you navigate this minefield when you are representing a healthcare professional against charges of fraud.
  4. Do we need to design a better healthcare compliance program? A robust compliance program reduces the likelihood of illegal or unethical behavior, and helps prevent the strict financial penalties for noncompliance. As regulations and enforcement actions evolve every year, your existing compliance program may well need to be reviewed. Recent Developments in Healthcare Compliance provides practical tips for designing a new compliance program as well as updating existing ones. 
  5. What happens to frozen embryos if they aren’t used? After someone who went through IVF has completed their family, the remaining embryos present a dilemma, especially if a couple splits up. There are a number of options available, including adoption and donation to research, which all come with their own legal and emotional issues. In What to Do With The Frozen Embryos?: A Primer On Embryo Disposition you can learn about all of these options from two attorneys who specialize in assisted reproductive technologies, one of whom also brings her experience as a long time nursing practitioner.

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Author Bio

Written by Sarah Mills

Sarah graduated from Simon's Rock College in 2005 with a BA in Linguistics, then worked in events production for several years before she graduated from New York Law School in 2012. Before joining Lawline, she worked in litigation management as a legal auditor. She loves working as a program attorney as it combines her legal knowledge and production background. She has two kids, two cats, and loves public transit and rainy days.

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