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About the Book

The Law of American Health Care, Second Edition

Nicole Huberfeld
Boston University 

Kevin Outterson 
Boston University

Elizabeth Weeks
University of Georgia

2019 (Available August 2018)Approx. 800 pages ISBN: 978-1-4548-9279-3

About the Book

The Law of American Health Care, Second Edition is the casebook for the new generation of health lawyers. It is a student-friendly casebook emphasizing lightly, carefully edited primary source excerpts, plain-language expository text, as well as focused questions for comprehension and problems for application of the concepts taught. The authors have eliminated the traditional, copious case notes following the primary sources in exchange for longer excerpts and clearer explanations.  Primary sources include not only cases but also statutes, regulations, sub-regulatory guidance, and empirical studiesóthe bread-and-butter of health lawyers practicing in a highly regulated industry. In order to create a streamlined casebook, the authors have chosen topics selectively, drawing guidance from American Health Lawyers Association (AHLA) curriculum recommendations for practice readiness. The book engages topics in depth so students emerge with an understanding of the most important features of American health care law and hands-on experience working through cutting-edge issues.

The Second Edition has been thoroughly updated to account for recent critical changes:
  • Chapters 2 (public health insurance) and 3 (private health insurance) discuss changes brought about by the repeal of the Affordable Care Actís tax penalty associated with the individual health insurance mandate and federal endorsement of work requirements in the Medicaid program
  • Chapter 5 (tax-exempt organizations) reflects recent IRS enforcement activity around 501(r) Community Health Needs Assessment compliance
  • Chapter 6 (fraud & abuse) includes the U.S. Supreme Courtís Universal Health Services v. United States ex rel. Escobar opinion
  • Chapter 9 (beginning and end of life), incorporates the 2016 U.S. Supreme Court opinion in Whole Womanís Health v. Hellerstedt, other TRAP law developments, and new policy guidance that focuses on fetal life and religious protections