The Oxford Handbook of U.S. Health Law

I. Glenn Cohen is Professor of Law at Harvard Law School, and Director of the Petrie-Flom Center for Health Law Policy, Biotechnology, and Bioethics. He is one of the world's leading experts on the intersection of bioethics (or medical ethics), and the law, as well as health law. Professor Cohen is the author of more than 80 articles and chapters, and his award-winning work has appeared in leading legal law review journals including: Harvard, Stanford, Cornell, and Southern California; medical journals including the New England Journal of Medicine, and JAMA; bioethics journals including the American Journal of Bioethics, the Hastings Center Report; and for public health, the American Journal of Public Health. He is the editor several books including The Globalization of Health Care: Legal and Ethical Issues (Oxford, 2013), and the author of Patients with Passports: Medical Tourism, Law, and Ethics (Oxford, 2014). Allison K. Hoffman is a Professor of Law at UCLA School of Law and a Faculty Associate at the UCLA Center for Health Policy Research. She is an expert on health law and policy and teaches in the areas of health law and policy, torts, and insurance. Her research focuses on some of the most important legal and social issues of our time, including health insurance regulation, the Affordable Care Act, Medicare, retiree healthcare expenses, and long-term care. Her writing has appeared in leading law reviews and health policy journals. She serves as Chair-Elect of the Insurance Law Section of the Association of American Law Schools. Prior to joining the faculty at UCLA, she was a fellow at Harvard's Petrie-Flom Center for Health Law Policy, Biotechnology, and Bioethics. She also practiced law at Ropes & Gray, LLP, where she counseled clients on health care regulatory matters, and provided strategic business advice to health care companies as a consultant at the Boston Consulting Group. William M. Sage is James R. Dougherty Chair for Faculty Excellence in the School of Law and Professor of Surgery and Perioperative Care in the Dell Medical School, both at the University of Texas at Austin. He teaches law classes on legislation and regulation, health law, and antitrust, and interdisciplinary classes in professional ethics, health policy, and medical-legal services for vulnerable populations. He has published over 200 articles, essays, and book chapters, and has edited three books. His core areas of expertise are health care reform, delivery system redesign, antitrust and competition policy, medical liability and patient safety, health care quality and information, insurance coverage, and the regulation of health professionals. He is an elected member of the National Academy of Medicine (IOM), is an elected fellow of the Hastings Center on bioethics, and serves on the editorial board of Health Affairs. After receiving his medical and law degrees, he completed his internship at Me.

Foreword by Kathleen G. Sebelius

Introduction / I. Glenn Cohen, Allison K. Hoffman, William M. Sage

I. AN OVERVIEW OF THE LEGAL GOVERNANCE OF HEALTHCARE

1. Relating Health Law to Health Policy: A Frictional Account / William M. Sage
2. The Relationship Between Bioethics and U.S. Health Law: Past, Present, and Future / I. Glenn Cohen
3. What Health Reform Reveals About Health Law / Allison K. Hoffman
4. A View From A Friend and Neighbor: A Canadian Perspective on U.S. Healthcare and the Affordable Care Act / Colleen Flood and Bryan Thomas
5. Health Care Federalism / Abigail R. Moncrieff & Joseph Lawless

II. CARING AND RECEIVING CARE

A. Access to Healthcare
6. Accessing Hospitals and Health Professionals / Eleanor D. Kinney
7. Access to Health Insurance and Health Benefits / Timothy Stoltzfus Jost
8. Legal Battles Against Discrimination in Healthcare / Dayna Bowen Matthew

B. Legal Issues in Information Exchange
9. Health Information Law / Frank Pasquale
10. The Promise of Informed Consent / Robin Fretwell Wilson
11. Communicating Loyalty: Advocacy and Disclosure of Conflicts in Treatment and Research Relationships / Robert Gatter
12. Medical Privacy and Security / Sharona Hoffman

C. Ethics and Law of Treatments
13. New, Experimental, and Life-Saving Therapies / B. Jessie Hill
14. Mental Health and other Behavioral Health Services / John V. Jacobi
15. Assisted Reproductive Technologies and Abortion / Judith Daar
16. Conscientious Refusals of Care / Elizabeth Sepper
17. Disability and Health Law / Leslie Francis, Anita Silvers, and Michael Ashley Stein
18. Autonomy and Its Limits in End-of-Life Law / Rebecca Dresser

D. Recourse for Injury
19 Medical Malpractice Liability: Of Modest Expansions and Tightening Standards / Barry R. Furrow
20. Drug Product Liability at the Crossroads / Peter Grossi and Keri Arnold
21. Complaints to Professional and Regulatory Bodies / Nadia N. Sawicki

III. ORGANIZING AND FINANCING THE HEALTHCARE SYSTEM

A. Health Professionals and Healthcare Facilities
22. Structure of Governmental Oversight of Quality in Healthcare / Sandra H. Johnson
23. The Hospital-Physician Relationship / John D. Blum, Shawn R. Mathis, and Paul J. Voss
24. Nonprofit Healthcare Organizations and the Law / Jill Horwitz
25. It Was on Fire When I Lay Down on it: Why Medical Malpractice Reform Can't Fix Healthcare / David A. Hyman and Charles Silver

B. Competition and Innovation
26. The Biomedical Research Enterprise / Mark Barnes and David Peloquin
27. Antitrust Enforcement and the Future of Health Care Competition / William M. Sage
28. Drugs, Biologics, and Devices: FDA Regulation, Intellectual Property, and Medical Products in the American Healthcare System Lewis / A. Grossman
29. Health Law's Uneasy Relationship with Delivery System Innovation / Richard S. Saver
30. Legal and Policy Issues in Measuring and Improving Quality / Kristin Madison

C. Health Insurance and Finance
31. Employment-Based Health Coverage / Mark A. Hall
32. Risk and Regulation in Private Insurance / Robert H. Jerry, II
33. Medicare at Fifty / Theodore Marmor and Jonathan Oberlander
34. Medicaid at Fifty / Sara Rosenbaum
35. The Interactions Between Public and Private Health Insurance / Amy B. Monahan

D. Health Care Costs
36. Managing the Care and Costs of a Defined Insured Population / Francis J. Crosson and Laura A. Tollen
37. Paying for Healthcare / David M. Frankford
38. Integration, Fragmentation, and Human Nature: The Role of the Fraud and Abuse Laws in a Changing Healthcare System / Joan K. Krause
39. Invisible Forces at Work: Health Legislation and Budget Processes / Timothy Westmoreland
40. The Ethics of Rationing Healthcare / A. M. Capron
41. The Economics of Healthcare Rationing / Michael Frakes, Matthew B. Frank, and Kyle Rozema

E. Public Health Law
42. American Public Health Law / Lawrence O. Gostin, Daniel Hougendobler, and Anna E. Roberts
43. Communicable Disease Law and Emerging Issues: Antibiotic Resistance / Zita Lazzarini
44. Public Health: Noncommunicable Disease Prevention / Manel Kappagoda, Lindsay F. Wiley, and Anne Pearson
45. Public Health Emergency Legal and Ethical Preparedness / James G. Hodge Jr.

IV. THE HEALTH LAW FRONTIER
46. Who's in?: Immigrants and Healthcare / Wendy E. Parmet
47. Aging Population / Marshall B. Kapp
48. Globalization / Nathan Cortez
49. The Social Determinants of Health / Rachel Rebouché and Scott Burris
50. Geonomics and the Law / Maxwell J. Mehlman