Current Students



Accountable Care Organizations (HLTH7509)

2 credits. Lecture

The course uses an emerging health delivery and finance model to connect basic health law principles to a very practical setting.  Through health courses and otherwise, health students are exposed to the doctrine that many practicing lawyers have to apply on an everyday basis as they set up, contract with, and regulate ACOs.  These areas include antitrust, fraud and abuse regulation (civil and criminal), corporate, nonprofit tax, privacy, and malpractice/tort. Students will also work with health finance and insurance principles, and public policy principles driving the redirection of health delivery and finance.  The course will address several models of ACO, including Medicare ACOs, Medicaid ACOs, and private market ACOs. 

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Anatomy of a Medical Malpractice Case (HLTH9521)

2 credits. Lecture.

This seminar provides students with the tools to prepare and try a medical malpractice case. Students are provided with three redacted (but otherwise complete) medical charts to analyze. They then conduct medical research, and learn how to locate expert witnesses. Following this each participant prepares pleadings and serves and responds to discovery requests. Students take simulated depositions of parties and experts. They prepare pretrial motions, and attend portions of an on-going medical malpractice trial, a trial call, and motion days. The grade is based on demonstrated competence in preparation of pleadings, discovery documents, motions, and taking depositions.

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Birth, Death and the Law (HLTH9513)

3 credits. Seminar.

Note: Students cannot apply both Birth, Death and the Law (HLTH9513) and The Law of Death and Dying (HLTH9509) towards degree requirements.

New technologies expand our options surrounding both the beginning and end of life.  New reproductive technologies give those who want to procreate more options than ever before, while advances in medical technologies can sustain and prolong life for the sick and dying. This seminar will examine the law and ethical problems that involve use of these technologies. Topics covered will include: egg and sperm donation, trait selection through use of reproductive technology, postmortem reproduction, patient demands for futile treatment, physician assisted suicide and organ transplants.

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Compliance Skills (HLTH9655)

2 credits. Skills.

Course is graded High Pass, Pass, Low Pass or Fail.

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Disability Law (HLTH7514)

3 credits. Lecture.

The 43 million Americans with disabilities are engaged in public activities on a daily basis. Many work, take public transportation, use public accommodations and government services. This course will examine the legal standards that guide the treatment of people with disabilities in many areas, including public accommodations, governmental services, and employment. We will examine the constitutional and statutory law in this area, and consider the public policy balance driving legal development in this area. A primary focus will be on the Americans with Disabilities Act of 1990, although we will consider other sources of law. We will examine such central concepts as the definition of disability, the remedies available for violations of disability rights law, defenses to claims of disability discrimination, and the jurisdiction of courts to consider private claims against government defendants.

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Elder Law (PROP7710)

2 credits. Lecture.

Representing clients as they age with a focus on: health care and long term care needs, Medicare and Medicaid eligibility and services; representing clients with diminished capacity and surrogate decision-making options including guardianship; end-of-life, hospice and palliative care planning; estate planning, including financial needs, long term care insurance, strategies to protect assets, protection against spouse impoverishment and support rights, and use of Medicaid qualifying trusts, family law issue in the context of elder law representation, and consumer protection law for older clients.

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Food and Drug Law (HLTH8500)

3 credits. Lecture.

This course provides an overview of the laws and regulations of the Food and Drug Administration that restrict the sale of unsafe, deceptive or unproven foods and drugs. The pre-market approval system governing drugs will be examined along with the debate about the length of testing. Other topics include the prescription status of drugs, consumer advertisements, and the impact of commercial speech protections. Major issues concerning food regulation are considered such as the appropriateness of a no-risk policy for carcinogens and the use of biotechnology in foods. The justification for the deregulation of dietary supplements will also be explored. The course aims to provide students with an understanding of the principal regulatory means used by the agency, such as rulemaking, and court enforcement. In addition students will be able to consider the appropriateness of schemes based on disclosure and those that impose additional restrictions.

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Genetics: Law, Policy, and Bioethics (HLTH8515)

2 credits. Lecture.

The course will examine a variety of legal, policy, scientific, social, and ethical issues relating to genetics and genomics. It will take an interdisciplinary approach to examination of these issues, drawing upon a diverse set of reading materials within the casebook. Topics to be covered include the intersection of law and science generally; genetics research and bioethical issues in human subject research; commercialization, ownership, and gene patenting; genetic testing and reproduction; access and liability issues; clinical applications of genetics research; and genetic privacy.

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Health Care Finance (HLTH8504)

2 credits. Lecture.

The financing of health care is a fundamental aspect of the U.S. health care system. Health care finance has grown and changed over the years and has become an increasingly complex and confusing mix of fragmented private and public mechanisms. The extent and rapidity of the changes that have taken place have created a number of problems which relate to such basic issues as: who provides care, where it is provided, what incentive exists, and who receives services. This course examines and explores the current issues and problems in health care finance policy and offers an in-depth study of the finance dimensions of specific topics (e.g., politics and players in health care financing: government, providers, payers and consumers; reimbursement methodologies; regulating and rate setting; ect.).

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Health Law (HLTH7503)

4 credits. Lecture.

Pre/co-requisite: Business Associations 

This survey course introduces students to the major legal and policy issues surrounding the provision of health care. Topics include healthcare access and payment, the organization and governance of nonprofit hospitals and other health care organizations, health care fraud and abuse, antitrust issues for healthcare providers, hospital and managed care liability, confidentiality of medical information, informed consent, and medical decisions at the end of life.

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Health Privacy (HLTH7518)

2/3 credits. Lecture

As our health information is being digitized and stored in electronic records, this transformation poses novel challenges for the laws designed to protect the privacy and security of our personal health information. This class will provide students with a substantive overview and analysis of the laws that directly govern or have an impact on health information privacy and security in the United States. The main focus of this course will be the privacy and security provisions of the Health Insurance Portability and Accountability Act of 1996 (HIPAA), the foundation for federal protections of health information. Additionally, the course will examine the interplay between HIPAA and other federal and state health privacy laws and the application and enforcement of those laws in a variety of health care settings.

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HealthCare Compliance Certification Program (HLTH7405)

2 credit. Lecture.

Prerequisite/Co-requisite: Health Law Recommended: Health Care Fraud and Abuse

This live course, offered over the course of four days, immerses students in the statutes, regulations and other guidance that comprise the body of law known as “fraud and abuse law.” Topics covered include:

  1. Data Privacy - HIPAA, HITECH, and others

  2. FDA approval and regulation of new drugs and devices

  3. Federal Anti-Kickback Statute

  4. Federal and State False Claims Acts

  5. Federal and State Sunshine Laws

  6. Foreign Corrupt Practices Act (FCPA) - including worldwide anti-corruption and enforcement

  7. Government Investigations

  8. Healthcare fraud sentencing, penalties, damages, and other considerations

  9. OIG Compliance

  10. Prescription drug and device marketing and advertising

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HealthCare Fraud and Corruption (HLTH9524)

3 credits. Seminar. (2 credit exam option)

This seminar introduces students first to the market triggers that cause corruption in its various forms, the harms to various economies cause by corruption, and mechanisms that address corrupt behavior.  The remainder of the course comprises a study of the health and non-health related laws that address corruption, both domestically and abroad, including the Foreign Corrupt Practices Act and UK Bribery Act 2010; Stark, Anti-kickback and the False Claims Act; Sarbanes Oxley, Dodd-Frank and other relevant non-health laws.  Students may receive 3 credits for writing an AWR paper in the course, or 2 credits if they take an exam. 

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Medical Malpractice (HLTH8508)

2 credits. Lecture.

This course focuses on traditional principles underlying New Jersey medical malpractice law, using a practical and substantive approach to the subjection, focusing on the standard of care, expert-related issues, causation and damages relating or pertaining to medical malpractice actions. The school attendance will be in effect for this course, and class participation is expected.

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Mental Health Law (HLTH7511)

2 credits. Lecture.

Most basically, this course focuses on the way law treats those who are deemed mentally disordered. This "special treatment" will be explored in both the criminal and civil contexts. In the criminal context, core topics such as the insanity defense, mens rea, and criminal sentencing will be deeply explored. In the civil context, the course focuses on the use of governmental authority to restrict or deprive individuals with a mental disorder of liberty or property by seeking to prevent future harm to self or others. The rules governing expert testimony, the right to refuse psychiatric medication, and competency determinations will also be examined. To provide a foundation for the legal analysis, the nature and treatment of mental disorders will be summarily explored.

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Public Health Law (HLTH9515)

3 credits. Seminar.

Prerequisite: Constitutional Law, or Constitutional Law I and Constitutional Law II

This seminar examines the use of governmental authority to identify, prevent, and respond to health risks at the population level. Topics include policies related to vaccines and antibiotics, legal responses to infectious disease outbreaks, public health surveillance and screening, and the role of law in controlling unhealthy behaviors such as smoking or eating unhealthy food.

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Regulating Research with Human Subjects (HLTH7520)

3 credits. Seminar.

This seminar explores regulatory, ethical, and compliance issues that arise for individuals and entities involved in all aspects of research involving human participants, including sponsors, researchers, research institutions, contract research organizations and institutional review boards (IRBs). Topics covered include risk-benefit assessment, informed consent, confidentiality, conflicts of interest, research with vulnerable populations, and international research.

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Skills for Health Law Practice (HLTH9650)

2 credits. Skills.

The course is graded High Pass, Pass, D, or Fail based on attendance, class participation, preparation for simulations, and writing assignments; there will not be a final examination. To maximize synergy between classroom and real world practice experiences, students are required to secure (or to have completed) a health law externship or other similar health law placement approved by the Health Law Program by the first week of classes. Pre- or Co-requisite: Health Law.

This Legal Practice course connects the substantive health law that students are learning in their health law classes with the legal skills and problems that commonly arise in the practice of health law. The course uses a mixture of lecture, guest speakers, class discussion, group work, simulations, and writing exercises to explore substantive law and skills specific to three common health law practice settings: government (enforcement, legislative, or regulatory); in-house counsel at a non-profit hospital or health insurer; and patient representation (policy, advocacy, or direct services). For example, students may negotiate and draft agreements between providers and hospitals, conduct investigative inquiries using redacted medical records and other investigative materials in a professional licensing investigation, and research, draft, and promote model health legislation from an advocate's perspective.

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