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Private Rights Enforcement

Learn about legal theories that private litigants use to enforce their rights under the Medicaid program.

Transcript

Under Medicaid’s federal-state split, each state creates its own Medicaid plan, and the federal government is responsible for overseeing that plan’s compliance with federal law. If a state plan isn’t compliant, then the federal government, through HHS, has the authority to terminate the plan’s federal funding completely. However, the federal government has yet to exercise this authority. Rather, federal control tends to come in the form of denying state requests to change plans or denying...

Lessons

1. Welcome
  • Welcome to Healthcare Law
2. Health Insurance
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
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
8. Public Health Law