This book examines the complex and dynamic relationship between law and the American health care system. It covers health care access and non-discrimination, the regulation of health insurance and the impact of national health reform, the interaction between law and the challenge of health care quality, and the role of law in regulating the health care marketplace. The book strives to link its extensive legal discussion to the broader policy and social context that ultimately shapes health care in America. With extensive discussion of the Patient Protection and Affordable Care Act throughout, the book has been designed to serve both law schools and health and public policy programs. The authors also create regular update materials for adopters.


Imprint: Foundation Press
Series: University Casebook Series
Publication Date: 05/11/2012
Related Subject(s): Health-Bioethics, Health-Law And Medicine, Health-Liability/Medical Malpr, Health-Medical Tech, Health-Organization/Finance

Sara Rosenbaum, George Washington University Law School

David M. Frankford, Rutgers University Law School-Camden

Sylvia A. Law, New York University School of Law

Rand E. Rosenblatt, Rutgers University Law School-Camden

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The second edition streamlines the presentation of the numerous doctrinal areas applicable to health care, organizes them in a more coherent, compact fashion, and weaves together doctrine and policy in a tighter fashion.

The number of major parts has been reduced from six to four: Access, Health Care Financing, Health Care Quality, and Regulation of Health Care Transactions. The first three parts have been built out of reorganized and updated pieces of the earlier edition, while Part Four is entirely new and encompasses the major fields of law that bear most directly on the business of health care: tax, fraud and abuse, and antitrust).

The different structure immeasurably strengthens the basic “architecture” of the book, while considerably shortening it. Particular topics in health care law, e.g., discrimination again persons with HIV, are discussed in the context of the larger themes — e.g., HIV as an access issue; HIV as an issue in the structure of insurance coverage, HIV as an issue in ensuring quality of care — rather than as add-on problems presented in ad hoc fashion.

Learn more about this series.