Table of Contents
Aspen Publishers
Faculty Page
Related Websites

Mark A. Hall
Fred D. and Elizabeth L. Turnage
Professor of Law and Public Health

Wake Forest University

Mary Anne Bobinski
Dean and Professor of Law
University of British Columbia Faculty of Law
David Orentlicher
Samuel R. Rosen Professor of Law
Indiana University School of Law-Indianapolis

This is the website for The Law of Health Care Finance and Regulation softbound volume.

For the complete book, see 6th edition website.

Table of Contents

You will find updates and other supplemental information for each chapter by clicking on the chapter title below or scrolling down on this page to the list of subsections for each chapter. At the list of chapter subsections, you will find that there is additional material for the sections of the chapter that have links.

Chapter 1: Introduction
Chapter 2: Institutional Liability
Chapter 3: Health Care Financing and Reform
Chapter 4: Regulation of Health Care Facilities and Transactions


Chapter 1: Introduction

  1. Overview Cases
  2. The Nature of Medical Practice
    1. Doctors and Hospitals
    2. The Nature of Medical Judgment
    3. Evidence-Based Medicine
  3. The Health Care Financing and Delivery System
    1. Insurance and Regulation
    2. The Crisis in Coverage and Spending
    3. Changes in Financing and Delivery Systems
  4. Moral, Economic, and Political Themes
    1. Competing Paradigms
    2. Postmodern Critical Theory
    3. Economics
    4. Distributive Justice
Chapter 2: Institutional Liability
  1. The Duty to Treat
  2. Hospital Liability
  3. Managed Care Liability
Chapter 3: Health Care Financing and Reform
  1. Sources of Health Insurance
    1. The Right to Health Care
    2. Private Health Insurance
    3. Public Insurance Programs
  2. Insurance and HMO Regulation
  3. ERISA Preemption
  4. Health Insurance Coverage
    1. Rationing and Discrimination
    2. Determining What is Medically Appropriate
  5. Provider Reimbursement
    1. Cost-Based Reimbursement
    2. Prospective Payment
    3. Capitation Payment
  6. Health Insurance Reform
    1. Reform Proposals and Foreign Models
    2. Economic and Regulatory Theory
Chapter 4: Regulation of Health Care Facilities and Transactions
  1. Facility Regulation
    1. Licensure and Accreditation
    2. Certificate of Need Regulation
  2. Corporate Form
    1. Nonprofit and Public Entities
    2. Charitable Tax Exemption
    3. The Corporate Practice of Medicine
  3. Medical Staff Structure
    1. Medical Staff Bylaws
    2. Medical Staff Disputes
    3. Membership in Managed Care Networks
  4. Antitrust Law
    1. Medical Staff Boycotts
    2. Price-Fixing Law
    3. Merger Law
  5. Referral Fee Laws

For questions or comments, please contact: