HEALTH LAW
PATHFINDER
Overview
“Health Law” is an umbrella term that includes many different
areas of law. For example,
Health Law might refer to federal statutes governing hospitals, state
statutes governing the “right to die,” government policy concerning
health insurance and the availability and delivery of health care to the
public, or tort law concerning medical malpractice.
Your research path will vary depending upon which area of Health
Law you are interested in. Where you start your research may also depend upon your
familiarity with the topic. If
you are just beginning, you may wish to start with some of the more
general materials, such as textbooks, that are organized in such a way
as to place your topic in the larger context.
Searching
in Seton
Hall’s Law Library Catalog
and WorldCat
Seton
Hall’s
Law Library Catalog.
If you do not know the precise terms used by the Library of
Congress for a topic, use a keyword search with terms that you think may
be relevant. After finding
an appropriate work, search again under the Library of Congress subject
headings specified in the bibliographic record.
WorldCat.
This is a catalog of the holdings of libraries all over the
world. To use WorldCat,
go to the Seton Hall Library home page.
Click on "EZPage" or “Law/Research Links”
then scroll down to
“WorldCat.”
If you find a book though WorldCat
that is not held by the Law Library, you may be able to request it
through interlibrary loan. (From the Seton Hall Library home page,
click on Book/Periodical/Copy
Requests.)
Textbooks
The Library holds a number of hornbooks (providing a topic
overview) and casebooks (providing cases, commentary, relevant statutes,
some secondary sources) on Health Law, notably:
·
Furrow, Barry R., et al. Health Law: KF3821.H4343
2000 (Reserve).
·
Rosenblatt, Rand E. Law and the American Health Care
System: KF3821.A7 R67
1997 (Reserve).
·
Havinghurst, Clark C.
Health Care Law and Policy: KF3821.A7 H38 1998
(Reserve).
·
Furrow, Barry R., et al. Health Law: Cases Materials and Problems:
KF3821.A7 H43 2004 (Reserve).
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·
Furrow, Barry, et al.
The Law of Health Care Organization and Finance:
KF3821.A7 L385 2001 (5th Floor).
·
Shapiro, Michael H., et al. Cases, Materials, and Problems on Bioethics and Law:
KF3821.A7 S47 2003 (5th
Floor).
Current
Awareness Services
The following Services contain up-to-date health policy
information:
·
BNA’s Health Law Reporter: KF3825.B87 (Reserve), also go
to Seton Hall Library home page, go to
"search
DATABASES scroll down to BNA, or go to Health
Law & Policy Program page, click on Health
Law Links and choose from:
BNA
Health Law
& Business Library
Health
Care Fraud Report
Health
Care Policy Report
Health Care Daily
Report
Health
Law Reporter
Health
Plan & Provider Report
·
CCH
Internet Research NetWork: go to Seton Hall Library home page,
go to "search
DATABASES scroll down to CCH or go to Health
Law & Policy Program page, click on Health
Law Links (scroll down to CCH). See librarian for password.
·
Health Law 360 Newswire on Health Law and Policy: go to Seton Hall Library home page,
go to "search
DATABASES scroll down Health Law
360
·
Mental and Physical Disability Law Reporter: KF480.A15 M37
(5th Floor).
·
National Disability Law Reporter:
KF3469.N37 (5th Floor).
·
BioLaw : KF3821.A6 B56
(5th Floor).
Books
and Treatises
You can search for books and treatises in the Seton
Hall’s Law Library Catalog
and WorldCat
using Library of Congress subject headings.
For example, you can use: health policy, medical policy, public
health, health care reform, and health planning. If you would like to
limit your search to material concerning a specific country, state, or
continent, then you would add the place after the subject heading, e.g.,
“health care reform United States,” or “public health New
Jersey.”
Dictionaries
and Encyclopedias
To find available dictionaries or encyclopedias on health policy, search
the catalog using the key words
“(specific topic) encyclopedias”
or “(specific topic) dictionaries.” Examples
of works held by the Library are:
·
Rovner, Health
Care Policy and Politics A to Z: RA395.A3
R685 2003 (4th
Floor Reference).
·
Hedges, Bioethics,
Health Care, and the Law: A Dictionary: R725.5.H44
1999 (4th Floor Reference).
·
Physicians’ Desk
Reference: RS75.P5
2004 (4th Floor Reserve).
·
Ausman &
Snyder’s Medical Library: RA1011.A8
(4th Floor Reference).
·
Stedman’s
Medical Dictionary: R121.S842 2000
(4th Floor Reference).
Statutes
There are both federal and state statutes pertaining to
Health Law.
Federal Statutes. To
find federal statutes in print go to the Index of the United States Code
Annotated (U.S.C.A.), 4th Floor, or the Index of the
United States Code Service (U.S.C.S.) 3rd Floor.
To find federal statutes online, use subscription services such
as LEXIS
or WESTLAW or the Internet at
http://www.gpoaccess.gov
or http://thomas.loc.gov/.
Many of the federal health care statutes are codified in Title 42
of the U.S.C.A.: Public Health and Welfare, Title 21: Food & Drugs,
and Title 24: Hospitals and Asylums.
Examples of major legislation:
· Medicare,
42 U.S.C.A. Sect. 1395, et seq.
· Medicaid,
42 U.S.C.A. Sect. 1396, et seq.
· Food,
Drug and Cosmetics Act, 21 U.S.C.A. Sect. 301, et seq.
State Statutes:
·
New Jersey. To
find health care statutes in print in New Jersey, go to the Index of the
New Jersey Statutes Annotated (N.J.S.A.), 4th Floor.
To find statutes online, use LEXIS or
WESTLAW
or the Internet at http://www.njleg.state.nj.us/.
Many of the New Jersey health care statutes are codified in Title
24: Food and Drugs, Title
26: Health and Vital Statistics, and Title 30: Institutions and
Agencies. For example, New Jersey’s Medicaid legislation is contained
in N.J.S.A. 30:4D-1, et seq.
·
Other States.
To find health care statutes in other states, consult the index
to that state’s statutes, 3rd Floor. In addition to LEXIS or
WESTLAW, a useful cite for locating
other states’ health care statutes online is: http://www.findlaw.com/casecode/#statelaw.
Regulations
There are both federal and state regulations pertaining to health
law.
Federal Regulations: To find federal agency regulations in print, go to the Code
of Federal Regulations (C.F.R.), 3rd Floor.
To find these regulations online, use LEXIS or
WESTLAW
or the
Internet at http://www.gpoaccess.gov/
Federal health regulations are mainly codified in 21 C.F.R.: Food
and Drugs and 42 C.F.R.: Public Health.
State Regulations:
·
New Jersey.
To find health regulations in print in New Jersey, go to the New
Jersey Administrative Code (N.J.A.C.) Index on reserve at the
Circulation desk. To find
these regulations online, use LEXIS or
WESTLAW.
Only some regulations are available on the Internet and may not be updated.
·
Other States.
The Law Library holds health regulations in print for New York (N.Y.C.R.R.,
3rd Floor) but not for other states.
To find regulations online, use LEXIS or
WESTLAW.
Some states publish their regulations on the Internet; check the
particular state’s homepage.
Cases
Federal. To
find federal cases in print pertaining to Health Law, consult the
Descriptive Word Index to West’s Federal Practice Digest, 4th
Floor. The Digest
Topic and Key Number you obtain will lead you to relevant case synopses.
To find
cases online, use LEXIS or
WESTLAW
or go to: http://www.findlaw.com/casecode/index.html#federal,
or visit the website of the specific court on the Internet.
Some, but not all, courts publish cases online.
State. To
find state cases in print pertaining to Health Law, consult the
Descriptive Word Index to the West’s Digest for the particular state,
e.g., New Jersey Digest, 4th Floor, other state
digests (and regional digests when no state digest is available), 3rdFloor.
The Digest Topic and Key Number you obtain will lead you to relevant
cases.
To find cases online, use LEXIS or
WESTLAW
or go to: http://www.findlaw.com/casecode/index.html#statelaw,
or visit the court website.
Federal and state
case law developments may also be followed in health law reporters.
·
The BNA
Health
Law Reporter and CCH
Internet Research NetWork available online.
(See above.)
·
Mental and Physical Disability Law Reporter: KF480.A15 M37
(5th Floor).
·
National Disability Law Reporter:
KF3469.N37 (5th
Floor).
Bibliographies
To find available bibliographies on health policy, search the
catalog under the keywords “(specific topic) bibliography.”
Examples of health policy bibliographies are:
·
Caldwell, Jr., U.S. Health Law and Policy 2001: A Guide to
the Current Literature: KF3821.A1
C35 (5th Floor).
·
National Library of Medicine’s Current Bibliographies in
Medicine series: online (from 1992) at http://www.nlm.nih.gov/pubs/resources.html
Periodical Literature
To
find periodicals on health policy, search the catalog using the title,
if known, or use a word search: “(specific topic) periodicals.”
Examples of major health periodicals held by the Library on the 5th
Floor:
·
American Journal of Bioethics: R725.5 A55
(Reserve).
·
American Journal
of Law and Medicine: K1.M445;
also on LEXIS
and
WESTLAW.
·
Annals of Health
Law: KF3821.A15 A5; also on
LEXIS
and
WESTLAW..
·
Hastings Center
Report: R724.H27b; also on
LEXIS,
Social
Sciences Full Text, Health
Reference Center Academic and Health
and Wellness Resource Center, Academic
Search Premier and Wilson
Select Plus.
·
Health Affairs:
RA410.A1 H36; also on LEXIS,
WESTLAW,
ProQuest and Academic
Search Premier
·
The Health Lawyer:
KF3821.A15 H39; also on LEXIS
and
WESTLAW.
·
Health Matrix:
RA1001.H42; also on LEXIS
and
WESTLAW.
Academic
Search Premier, Hein-On-Line,
Wilson
Select Plus.
·
IRB:
R724.I2, also on Academic
Search Premier.
·
Issues in Law and
Medicine: KF480.A15
I87,also on Academic
Search Premier, LegalTrac,
Wilson
Select Plus.
·
JAMA The Journal
of the American Medical Association:
R15.A48 (from 2002); 3rd Floor microfiche (from 1989);
also on WESTLAW.
·
The Journal of
Contemporary Health Law and Policy:
K10.O8575; also on LEXIS
and
WESTLAW
and Hein-On-Line
·
Journal of
Healthcare Law and Policy: K10.O8645;
also on
LEXIS
and
WESTLAW
and Wilson
Select Plus
·
Journal of Health
Politics, Policy and Law: RA395.A3
J68; also on WESTLAW.
·
Journal of Law and
Health: K10.O87327; also on
LEXIS
and
WESTLAW
and Health
and Wellness Resource Center and Health
Reference Center Academic and LegalTrac.
·
The Journal of
Law, Medicine & Ethics: KF3821.A15;
also on
LEXIS,
WESTLAW,
Academic
Search Premier, Health
and Wellness Resource Center, Health
Reference Center Academic, and LegalTrac.
·
Journal
of Legal Medicine: K10.O8737; also
on LEXIS
and
WESTLAW,
Ingenta
Online Journals, and Academic
Search Premier.
·
Kennedy Institute
of Ethics Journal: QH332.K46,
also on ProQuest.
·
Lancet:
R31.L3 (from 2002); 3rd Floor microfiche (from 1995),
also on Academic
Search Premier, Health
and Wellness Resource Center, and Health
Reference Center Academic.
·
The Milbank
Quarterly: RA418.3U6 M54,
also on Academic
Search Premier.
·
The New
England Journal of Medicine: R11.B7
(from 2002); 3rd Floor microfiche (from 1990); also on LEXIS
and
WESTLAW
·
Yale Journal of
Health Policy, Law, and Ethics: K29.A335;
also on LEXIS
and
WESTLAW.
The full text of
some periodicals will be available electronically on LEXIS or
WESTLAW
(choose area of law by topic) and/or through University Libraries'
subscriptions (go to the Seton Hall Library home page, select Online
Subscriptions Subject
Listing or Alphabetical
Listing, then Full-text Electronic
Journals (Seton Hall Libraries)
or
Seton
Hall University Libraries Electronic Databases
or
specific journals under Health in the Subject
Listing; see the librarian for any required
passwords).
The Index to Legal Periodicals (print - 4th Floor), Wilsonweb's
Legal Periodicals Full Text and Infotrac
(both online - Seton Hall Library home page, select Online
Subscriptions Subject
Listing -under Periodical Searching - or
Alphabetical
Listing) provide access to articles on
Health Law through a topic search.
Government
Publications
To find recent
government publications related to Health Law, go to the Monthly Catalog of
Government Publications: http://www.gpoaccess.gov/cgp/index.html.
Links to the National Institutes of Health comprehensive health
databases Medline and PubMed, as well as to the federal agencies charged
with health issues, may be found at:
http://health.nih.gov/
Internet
Sources
An extensive listing
of websites dedicated to health policy, law, and information may be
accessed at the Seton Hall Library home page: Choose
Law/Research Links, then
LAW,
then Part 2 (from the
yellow menu), then scroll down
to Health & Medicine.
A particularly useful site that also serves as a gateway to major
health related sites is: http://health.nih.gov/.
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