Health Care Contracts: A Clause-By-Clause Guide to Drafting and Negotiation (AHLA Members)
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Health Care Contracts: A Clause-By-Clause Guide to Drafting And Negotiation provides inexperienced contract drafters with the foundational knowledge necessary to draft sound health care contracts. Sample contract language and analysis is provided throughout this title so that a new attorney doesn't have to start from scratch when drafting an agreement.
From the Health Insurance Portability and Accountability Act (HIPAA) to the federal Anti-Kickback Statute (AKS) and the False Claims Act, the health care industry is unique in the volume and scope of its regulations. Transactions and business arrangements that are permissible in other industries may run afoul of fraud and abuse laws in the health care context. For this reason, it is not enough to simply know how to draft a contract. The health care attorney must know much more, including whether the proposed venture is even permissible under federal and state health care laws. If not, the attorney must devise creative contracting solutions to achieve the client's ultimate objective, including restructuring the deal if necessary.
This First Edition tackles the major regulations and risk areas for health care organizations that must be adequately considered and addressed in any contract. Infused with insights and knowledge from health care experts across the United States, this new product serves a crucial guide for learning as you work and includes an complimentary digital component with customizable content.
EDITORS IN CHIEF: Dorthula Powell-Woodson and Bethany A. Corbin
AUTHORS: Matthew M. Brohm, Stacey L. Callaghan, Matthew Cin, Cynthia M. Conner, Ritu Kaur Cooper, Geoff Drucker, Douglas S. Eingurt, Alex Foster, Sarah Hogan, Lindsay P. Holmes, David Kopans, Michael L. Lawhead, Rachel Ludwig, Stanford L. Moore, Megan C. Phillips, Cynthia Y. Reisz, Angelique M. Salib, Susan O. Scheutzow, Gregory A. Tanner, Cori Casey Turner, Jennifer Whitton
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Published November, 2021
Table of contents
Recent Titles from the American Health Law Association
About the Editors
About the Authors
About the American Health Law Association
CHAPTER 1 INTRODUCTION TO HEALTH CARE CONTRACTING, ISSUE SPOTTING,
AND REGULATORY CONSIDERATIONS
CHAPTER 2 THE HEALTH CARE LAWYER'S ROLE
CHAPTER 3 REPRESENTATIONS AND WARRANTIES
CHAPTER 4 INDEMNIFICATION PROVISIONS
CHAPTER 5 LIMITATION OF LIABILITY AND DAMAGES
CHAPTER 6 FORCE MAJEURE PROVISIONS
CHAPTER 7 INFORMATION TECHNOLOGY PROVISIONS
CHAPTER 8 FRAUD AND ABUSE PROVISIONS
CHAPTER 9 HEALTH CARE CONTRACTS AND PRIVACY
CHAPTER 10 TERMINATION PROVISIONS
CHAPTER 11 DISPUTE RESOLUTION PROVISIONS
APPENDIX — TABLE OF SAMPLE CLAUSES