Healthcare Lawyering Skills

Healthcare Lawyering Skills

Course Number: 867A
Course Credits: 2
Many lawyering skills are common to almost all areas of practice, but for healthcare lawyers, those skills must be honed to the unique and challenging environment of the national healthcare system. That system carries with it not only a complex web of regulatory requirements that must be navigated, but intertwined business and clinical considerations that must be addressed in any transaction or matter. The purpose of this course is to assist interested students in developing their lawyering skills for practice specifically as a healthcare attorney. The course will begin with an orientation as to the changing healthcare landscape, a review of basic vocabulary and concepts (legal, business, policy and reimbursement), and a brief summary of healthcare legal research methods and sources. With that foundation, the course will turn to exploring how to apply basic lawyering skills to a variety of healthcare specific areas, such as: structuring the acquisition of a physician practice given the varying rules prohibiting the corporate practice of medicine in different states; conducting M&A regulatory due diligence and risk assessment; creating contractual joint ventures; understanding how to analyze and navigate various kinds of pay or-provider arrangements and reimbursement systems; drafting healthcare corporate documents (using a management services agreement as an example); defending a client in a government investigation or audit; and providing an academic medical center with regulatory, compliance and corporate advice. As the class works through each of these areas, the student will be provided with specific regulatory guidance to be analyzed in the context of a hypothetical scenario. Students will be required to write a number of e-mail memos to hypothetical clients or senior partners addressing specific issues.