Play video

ERISA

Learn about the Employee Retirement Income Security Act (ERISA), including the types of plans to which it applies and its legislative goals.

Transcript

Many Americans have publicly funded health insurance through Medicare or Medicaid. However, the majority of Americans have private health insurance. Although individuals may purchase this private health insurance on their own, most Americans get their health insurance through either their employer or their spouse’s employer.

Like with all private insurance, the states, not the federal government, have traditionally regulated private health insurance. And technically, this is still true. But...

Lessons

1. Welcome
  • Welcome to Healthcare Law
2. Health Insurance
  • Medicare
  • Medicaid
  • Private Rights Enforcement
  • ERISA
  • ERISA Preemption and Remedies
  • ERISA Remedies and ACA Reforms
3. The Structure of Healthcare Entities
  • The Professional Workforce
  • Forming a Healthcare Entity
  • Fiduciary Duties at Healthcare Entities
  • Tax-Exempt Status
  • Joint Ventures and Tax-Exempt Status
4. Fraud and Abuse in Healthcare
  • The False Claims Act
  • The Anti-Kickback Statute
  • Stark Law
  • Enforcement Mechanisms
  • Qui Tam Actions
5. Antitrust Issues in Healthcare
  • Overview of Antitrust Laws in Healthcare
  • Mergers and Acquisitions in Healthcare
  • Working with Competitors
  • Payers with Market Power
6. Tort Liability of Healthcare Entities
  • The Physician-Patient Relationship
  • Physician Duties Regarding Information
  • Physician Duties Regarding Clinical Care
  • Hospital and Health Plan Liability
7. Recurring Legal Issues in Patient Care
  • Reproduction and Birth
  • Organ Transplantation
  • Research Involving Human Subjects
  • The End of Life
  • Health Privacy
  • Discrimination in Healthcare
8. Public Health Law
  • The Police Power
  • Free Exercise Challenges
  • Noncommunicable Conditions