Transactional attorneys practicing in the health care field must be equipped with the skills necessary to handle the various types of transactions that occur in other fields, e.g., ownership and asset purchases, employment and service agreements, and real estate transactions. Litigation attorneys practicing in the health care field must be able to handle the wide variety of disputes and proceedings that other litigators face. In addition, both transactional attorneys and litigators who practice in the health care field must be familiar with wide array of rules applicable specifically to health care providers, including rules applicable to providers who bill for services provided to members of federal health care programs, e.g., Medicare and Medicaid (the “F&A Rules”). Also, since health care transactions often trigger internal investigations and self-reports, as well as administrative, civil and criminal investigations and proceedings, students who wish to practice in these areas likely will need to know how the F&A Rules impact the structuring of transactions; how the transactions might lead to investigations or proceedings; and, how those investigations and proceedings might unfold.

This course is designed to provide students with:
a. A detailed understanding of the F&A Rules that come into play in structuring common health care transactions;
b. A working knowledge of common health care transactions and the ways in which the F&A Rules impact the structure of those transactions, as well as guidance on how to provide clients with practical advice about risks associated with transactions that implicate the F&A Rules;
c. An overview of the enforcement environment relating to the F&A Rules, the agencies that enforce these Rules, common types of internal and external investigations, and the administrative, civil and criminal investigation and proceedings that may flow from health care transactions that implicate the F&A Rules;
d. A familiarity with the F&A Rules that are used by investigators and agencies to evaluate health care transactions, and to pursue enforcement actions; and
e. Insights into how the representation of health care clients can expose attorneys to some of the same types of risks faced by those clients, and how to balance the attorney’s obligations to the client with the attorney’s other professional obligations.

Students are encouraged to complete Health Law & Policy (Law 650) before taking this Course.

The final examination will be an open book examination.

Additional Information:
Credit Hours: 2
Grading Option: Letter Grade Only
Graduation Writing Requirement: No
Flexible/Upper-Level Writing Requirement: No
Skills Requirement: No
Simulation Course: No
Experiential Learning: No
Seminar: No
Prerequisite: It is recommended that students have taken a more general health law survey course or health law and policy course before enrolling in this course.
Special Withdrawal Course: No
Limited Enrollment Number: 15
Final Exam Given: Yes
Final Exam Type: In-Class - Completely Unsecure
Attendance Policy: Per Statement Of Student Policies

* The law school has a policy that is used to calculate credit hours. Please see the Statement of Student Policies.