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The Police Power

Learn about a state government’s police power as a source for state, as opposed to federal, public-health laws.

Transcript

States may protect the public’s health and safety through public-health laws. Examples of public-health laws include laws governing the licensing of medical professionals, limiting tobacco usage, and promoting motor-vehicle safety.

I. The State’s Police Power to Protect Public Health

What gives a state the authority to enact public-health laws? The United States Constitution gives the federal government specific powers. However, under the Tenth Amendment, all other powers go to the states,...

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