Anyone who's received medical care knows that nothing about it is simple. From HIPPA to health insurance, almost every aspect of health care delivery in America is a complex, ever-evolving web of rules and paperwork.
Patient safety, facility quality standards, medical malpractice, the security of electronic health records and who can access them, informed consent about the procedures and treatments patients undergo, staffing rights and protections...health law's list of concerns is long.
And that's not even considering the insurance side of things. Health insurance legality involves everything from health care regulations at the federal level to health maintenance organizations (HMOs) and their networks of which providers are covered and when.
So, for most people, health law is a never-ending headache. But these laws are what give our complicated healthcare system structure. They matter. They protect people. And they also represent the struggle of the health care industry to balance ethical, legal and financial concerns.
Let's get into it.
What is health law?
For all aspects of health, legal standards define the rights and responsibilities of our government, health workers, companies, and the country’s population, according to the World Health Organization (WHO).1 These rules make up the legal framework for health—they help set expectations, standards and norms for healthcare in our country. That framework is essentially what health law is.
Given that healthcare is a highly regulated industry, it's subject to a ton of state and federal rules, and many of them are complex. From the day-to-day activities of health care professionals to the big-picture operations of large health care organizations, pretty much every aspect of the industry exists within this legal framework.
The experts who advise healthcare organizations on these rules are health law professionals, and their central role in upholding this framework is what makes them so important.2
What do governments use health laws for?
Across borders, health laws are used to formalize a government's commitment to goals—for example, the goal of universal health coverage—and establish and enforce the necessary health policies to meet that goal. These policies then guide the work of health institutions, and eventually inform the relationships, rules and contracts between patient and provider, dictating what health organizations and individuals can legally do, and what they cannot do.1
In short, governments use health laws to establish important health policy goals, implement health policy and help key health system functions run smoothly. They protect the rights and define the responsibilities of the different health system parties, from individual patients to large health organizations.1
Who works in health care law?
The main people who work in health care law are health lawyers, paralegals and legal assistants. Health lawyers are specially trained in the regulatory framework of the health care industry, and have in-depth knowledge and experience working within it.2
Health care paralegals and legal assistants work in health law firms or for health lawyers, assisting with specified research, arranging details and helping attorneys stay organized.
What do health care lawyers and paralegals do?
Health lawyers provide advice to hospitals, physician organizations, long term care facilities, home health agencies, health insurance companies, pharmaceutical companies, physicians and other individual health care providers on how to comply with these rules.2
Depending on where they work and who they work for, they may also represent clients in the health care industry. From cases of medical malpractice to questions of medical ethics and other legal disputes, healthcare lawyers can help protect patients and patients rights through their work with physicians and health care organizations.
Health law paralegals gain specific expertise in assisting attorneys with these areas of law--honing their health law research and learning the complex regulations related to their area of work.
What are the different areas of health law?
Health care lawyers work across a wide range of areas and specializations. Some of the most significant areas of health law practice include...2
- Antitrust
- Behavioral health
- Dispute resolution
- Health care fraud and abuse
- Governance
- Government reimbursement
- Health care delivery models
- Health care finance and transactions
- Health information
- Health insurance
- Health policy and administration
- Patient care liability and litigation
Whether you're interested in anything from patient privacy laws to the accessibility of essential health services to public health law, aspiring health care lawyers and paralegals have a whole world of interesting niches to explore.
How do you work in health law?
Becoming a lawyer typically takes seven years of full-time study after high school: four years of undergraduate study followed by three years of law school. Common undergraduate majors include law and legal studies, history and the social sciences.3
Rasmussen University does not offer any undergraduate baccalaureate programs in law and legal studies, history or social sciences. It is important to check the specific education credential and admissions test requirements that are needed to apply to law school.
Though less common, you may be able to find schools that offer a specific health law program.
Most states and jurisdictions require lawyers to earn a Juris Doctor (J.D.) degree from a law school accredited by the American Bar Association® (ABA).
Health law paralegals and legal assistants typically need an associate’s degree or certificate in paralegal studies, according to the BLS.5 These programs are shorter than a typical bachelor's degree, and cover the essential skills and legal knowledge paralegals need.
The most common pathway is a Paralegal Associate’s Degree, though a Paralegal Certificate Program is another option. Paralegals can also work in many different settings, one being health care.4
For more on that, check out Everything You Need to Know About Paralegal Career Paths.
Who employs health law professionals?
If you are interested in health law, you could look wind up working for a pretty wide variety of employers.3
Healthcare employers of health law professionals
- Healthcare networks
- Hospital systems
- Nursing home companies
- Telehealth organizations
- Private practices
Other employers of health law professionals
- Law firms
- Insurance companies
- Legal consulting practices
- Government agencies
- Pharmaceutical companies
Think you might want to work in health law?
If you think you're interested in working in health law, the next step is learning more about becoming a paralegal. Discover more about what a paralegal is and the day-to-day role in our article, "What Is a Paralegal? A Discovery of This Legal Role"
American Bar Association® is a registered trademark of American Bar Association
1World Health Organization, Health Laws, [Accessed October 2024] https://www.who.int/health-topics/health-laws#tab=tab_1
2American Health Law Association, About AHLA, [Accessed October 2024] https://www.americanhealthlaw.org/about-ahla
3Bureau of Labor Statistics, U.S. Department of Labor, Occupational Outlook Handbook, Lawyers (date accessed), Lawyers : Occupational Outlook Handbook: : U.S. Bureau of Labor Statistics (bls.gov). Employment conditions in your area may vary.
4Rasmussen University’s Paralegal Certificate and Paralegal Associate’s degree programs are not designed to prepare graduates for any professional certifications or state-issued licenses. As requirements may vary between states, it is important to check the certification and/or licensing requirements in your state of residence
5Paralegals and Legal Assistants: How to Become One. Occupational Outlook Handbook [accessed October 2024] https://www.bls.gov/ooh/legal/paralegals-and-legal-assistants.htm#tab-4
