Health Law

This clinic offers students the opportunity to represent individuals whose health is being affected by a legal concern. Because there are many social determinants of health, the clinic handles a wide range of case types. Students will gain experience in interviewing, counseling, and litigating client matters and interacting with health providers at a community health center. Students may not register for more than one clinic during the same semester without the consent of both instructors. Students may not drop a clinic course online later than one week prior to the start of the semester. Students may drop through the add/drop deadline by using the drop form found on the registrar's website. For more information about this clinic, students should consult the information on the clinic webpage: https://mitchellhamline.edu/clinics/health-law-clinic/ PreReq: LAW- 2015

This course focuses on Externships in health law, healthcare compliance, and health policy. Contact the professor to explore Externships in hospitals, insurance companies, device makers, state agencies, federal agencies, and professional associations. In addition to the Field Placement work (45 hours per credit), students must attend a multually- and periodically-scheduled seminar to discuss their externship experiences as well as legal, ethical, and professional issues raised by the professor. In between class sessions, students must complete written exercises assigned by the professor. This course may be taken for 3 or 4 credits. Registration by consent of instructor. Instructor will meet one-on-one with students. Meeting schedules will be determined by the instructor and each student.

Surveys the antitrust field and legal restraints on economic activity. Focuses on trade practices prohibited by the Sherman, Clayton and FTC Acts, including monopolization, price-fixing, distribution restrictions, boycotts, and tying. Brief review of price discrimination and mergers. Some knowledge of basic economics is desirable but not necessary.

This course examines the role of the Food and Drug Administration in the regulation of prescription drugs and medical devices, the tort liability of drug and device manufacturers, the novel legal issues that arise from the acknowledged risks and side-effects associated with the use of such products, the role of physicians in prescribing them, and the policy-based legislative limits on the liability of those who develop and manufacture them. The course may also include a discussion of the economics of new products innovation.

This course examines legal, ethical, and social issues raised by our nation's growing elder population. Focus is on the practical application of concepts in Elder Law. Special attention is given to: (1) ethical issues in elder representation; (2) family issues, such as grandparent rights and marriage; (3) retirement; (4) property management, including joint ownership and financial accounts, trusts, and estate planning; (5) alternative decision-making, including health care directives, powers of attorney, and guardianship and conservatorship; (6) managing and paying for health care, including Medicaid, Medicare, and long-term care insurance; (7) health care options and licensing and regulation of health care and housing providers; (8) elder abuse, neglect, and financial exploitation; (9) remedies, such as criminal, administrative, and civil remedies, including medical malpractice; (10) elder mediation; and (11) end-of-life issues, including POLST and physician aid in dying. Online asynchronous course. Students may take up to 41 credits under the 83-credit requirement (43 under the 86-credit requirement) toward their J.D. degree through courses that are designated "distance education courses." A distance education course is one in which students are separated from all faculty members for more than one-third of the instruction and the instruction involves the use of technology to support regular and substantive interaction between the students and all faculty members, either synchronously or asynchronously. Source: ABA Standards Definition (7) and 306.

This course will explore some of the many legal issues related to food, from farm to fork and beyond. It will review basic regulatory issues - the roles of FDA, USDA, and other agencies in regulating food production and safety, FDA approval of ingredients and oversight of labeling and marketing, and local menu labeling standards, for example. Seminar participants will also consider agricultural law topics such as organic standards, regulation of genetically engineered crops and animals, pesticide use, and national farm policy, and may explore issues of personal responsibility and tort claims arising from food consumption (such as recent litigation about obesity and E. coli outbreaks.) Online asynchronous course. Students may take up to 41 credits under the 83-credit requirement (43 under the 86-credit requirement) toward their J.D. degree through courses that are designated "distance education courses." A distance education course is one in which students are separated from all faculty members for more than one-third of the instruction and the instruction involves the use of technology to support regular and substantive interaction between the students and all faculty members, either synchronously or asynchronously. Source: ABA Standards Definition (7) and 306.

This course focuses on the role of Boards of Directors in meeting health care challenges and the ethical dilemmas commonly faced by compliance officers. In addition to outlining governance structure and responsibilities, the course will review tax policy with respect to tax exemptions for charitable entities and detail how that tax exemption is conferred. Special attention is given to not-for-profit, as well as for-profit entities and the unique ethical and governance issues presented by various organizational structures. Online asynchronous course. Students may take up to 41 credits under the 83-credit requirement (43 under the 86-credit requirement) toward their J.D. degree through courses that are designated "distance education courses."A distance education course is one in which students are separated from all faculty members for more than one-third of the instruction and the instruction involves the use of technology to support regular and substantive interaction between the students and all faculty members, either synchronously or asynchronously. Source: ABA Standards Definition (7) and 306. PreReq: LAW- 3260

This course introduces students to the most important legal and practical concepts in the health care compliance field. Specifically, students will develop an understanding of the laws and regulations encountered by compliance professionals in daily practice with specific attention paid to the federal regulatory infrastructure. Students will also explore key operational concepts including audits, investigations, enforcement and reporting requirements, billing and coding basics, along with employee and vendor issues. Students will test legal and operational concepts through simulation-based projects and small group exercises, including drafting assignments and mock interviews. Online asynchronous course. Students may take up to 41 credits under the 83-credit requirement (43 under the 86-credit requirement) toward their J.D. degree through courses that are designated "distance education courses."A distance education course is one in which students are separated from all faculty members for more than one-third of the instruction and the instruction involves the use of technology to support regular and substantive interaction between the students and all faculty members, either synchronously or asynchronously. Source: ABA Standards Definition (7) and 306.

This course is designed to expose students to key legal and operational concepts in the health care compliance field. Students use knowledge gained in prior mandatory coursework and participate in simulation-based projects that require them to perform audits, investigations, and reporting activities to ensure compliance with applicable federal and state laws. The course also includes a mentoring component that builds on the theory of experiential learning whereby students are paired with industry professionals effectively linking Mitchell Hamline’s strong academic/classroom environment with the real world of health care compliance. Online asynchronous course. Students may take up to 41 credits under the 83-credit requirement (43 under the 86-credit requirement) toward their J.D. degree through courses that are designated "distance education courses."A distance education course is one in which students are separated from all faculty members for more than one-third of the instruction and the instruction involves the use of technology to support regular and substantive interaction between the students and all faculty members, either synchronously or asynchronously. Source: ABA Standards Definition (7) and 306. Pre/CoReq: LAW- 3260

The current opioid epidemic has been branded as “the worst drug crisis in America’s history” and a “man-made plague.” According to the Centers for Disease Control and Prevention (“CDC”), the current public health crisis has claimed more than 351,000 lives to opioid overdoses since 1999 with no end in sight. Its origins are a convoluted mixture of history, medicine, public policy, and regulation. The current opioid crisis also has generated an enormous amount of federal, state, and local litigation, much of which is ongoing. However, it is clear, even though the litigation is far from over, that the aftermath of the opioid cases will transform the pharmaceutical industry in much the same way that the big tobacco cases did. With the amount of information that is publicly available (e.g., media coverage, case evidence, pleadings, settlements and verdicts), the opioid crisis and its attendant litigation present students with a unique opportunity to explore the intersection between public health, regulations, compliance, and the law. Online asynchronous course. Students may take up to 41 credits under the 83-credit requirement (43 under the 86-credit requirement) toward their J.D. degree through courses that are designated "distance education courses." A distance education course is one in which students are separated from all faculty members for more than one-third of the instruction and the instruction involves the use of technology to support regular and substantive interaction between the students and all faculty members, either synchronously or asynchronously. Source: ABA Standards Definition (7) and 306.

This is an introductory course examining how the regulatory and legal systems approach quality of care. The focus will be on mechanisms for assuring quality of care including self regulation, credentialing, the doctor-patient relationship, professional licensure, government regulation, and the tort system. Examination of the tort system will focus on confidentiality obligations (including HIPAA), informed consent, and hospital and managed care liability. The course will review the role of ERISA in both managed care liability and health plan regulation. Finally, the course will provide an overview of how the public health system operates to protect both our health care and our civil rights. At the end of the course, students will have examined both the law and policy issues such as the problems arising from medical errors and the struggle to balance the need for quality against rising costs and lack of health care access. The curriculum focuses on cases applying administrative and common law, as well as a variety of statutory schemes.

In this course, we will explore the regulation, structure, and financing of the United States health care system. We will examine structure and regulation of private health insurance coverage at the state and federal levels, as well as Medicare and Medicaid, our two major public coverage programs. We will consider policy questions regarding the appropriate division of responsibility between the public and private spheres in both funding and regulating coverage, as well as in ensuring that those who need health care can afford to access it. We will consider the organization of health care entities such as hospitals, with an emphasis issues concerning not-for-profit organizations. We will learn how the federal and state governments seek to prevent fraud and abuse in Medicare and Medicaid. Finally, we will examine antitrust concerns in the health care industry and efforts to prevent unlawful consolidation of market power. This is a HyFlex course that will meet at the listed times. We are planning for a portion of the students to participate in-person and a portion to participate remotely and synchronously.On-campus components of HyFlex courses are considered in-person. If you cannot participate in the in-person option, select the remote option.

The focus of this course are the privacy and security provisions of the Health Insurance Portability and Accountability Act of 1996 (HIPAA), the foundation for federal protections of health care information, including updates in the Health Information Technology for Economic and Clinical Health Act of 2009 (HITECH). The course will also discuss additional international, federal and state health privacy laws, and the application and enforcement of those laws as they relate to privacy and security in the health care setting. The objectives of this course include learning how to: (i) identify situations that implicate HIPAA and how to appropriately navigate the Department of Health and Humans Services' resources; (ii) understand which provisions of the privacy and security law and rules apply to given situations and how to apply those provisions; and (iii) understand the significance of sound security measures in an era of increasing electronic crimes. Given the breadth of the subject matter and the short time allotted, students will not be expected to understand the full depth and complexity of applicable laws and rules; they will, however, be expected to understand key definitions and basic concepts under HIPAA and be proficient in navigating the healthcare privacy landscape. Online asynchronous course. Students may take up to 41 credits under the 83-credit requirement (43 under the 86-credit requirement) toward their J.D. degree through courses that are designated "distance education courses."A distance education course is one in which students are separated from all faculty members for more than one-third of the instruction and the instruction involves the use of technology to support regular and substantive interaction between the students and all faculty members, either synchronously or asynchronously. Source: ABA Standards Definition (7) and 306.

Surveys no-fault compensation laws covering personal injuries in employment, including substance, procedure, and benefits under workers' compensation law.

In this course, you will choose a health law topic on which to focus your attention for the semester, research intensively, and write about in a paper that will, if you desire, fulfill your Advanced Research and Writing Requirement. In the process, we will address how to choose an interesting and appropriate topic on which to write an extended paper; research topics in health law, policy, and medicine; use and cite research correctly; avoid plagiarism; write a useful paper outline; prepare a first paper draft; edit one’s own and others’ work; and write a polished final draft. Students may take this course for 2 or 3 credits. Students planning to satisfy the long paper requirement in this course, and students who have already satisfied the long paper requirement and plan to write another long paper in this course, should register for three credits.Blended courses open to all J.D. students.

The Institute of Medicine defines public health as "what we, as a society do collectively to assure the conditions for people to be healthy." Unlike health care, which focuses on medical interventions to improve the health of individual patients, public health takes a broader look at the wide-ranging determinants of population health. Although various interventions have been devised to protect health at the population level, disparities in health outcomes persist, with marginalized communities--racial and ethnic minorities, sexual minorities, low socioeconomic status people--bearing a disproportionate amount of negative health outcomes. These inequitable health outcomes are largely products of structural and institutional factors that are grounded in the law. This course will adopt a critical approach to law--along the axes of race, ethnicity, gender, and sexual identity, and class--to examine how the law creates, sustains, and legitimizes inequitable health outcomes. This critical approach will be used to analyze the legal dimensions of current public health issues, such as the COVID-19 pandemic, the obesity epidemic, tobacco control, healthcare access, natural disasters & climate change, and socio-political determinants of health to challenge students think beyond the traditional paradigms of legal reasoning. Students may take this course for 2 or 3 credits. Students planning to satisfy the long paper requirement in this course, and students who have already satisfied the long paper requirement and plan to write another long paper in this course, should register for three credits. This is a HyFlex course.