Health Law Resource Guide
Introduction
Cases
Statutes and Codes
Regulations and Rules
Treatises and Practice Guides
Study Aids
Searching SCHOLAR and OhioLINK
Journal Articles and Current Awareness Services
Aggregate Databases and Other Web Resources
Introduction
Health law generally focuses on health care delivery and bioethics. Topics include the treatment relationship, duty to care, and informed consent; health care professional licensure; health care spending, health insurance coverage, and ERISA (Employee Retirement Income Security Act of 1974); health care institutions, health care business associations, and antitrust law; medical liability and malpractice; death, organ transplantation, withholding treatment, and assisted suicide; and reproductive medicine. One of the primary duties of the state is to preserve public health, and many states delegate authority to administrative agencies such as boards of health. Federal health law is concentrated on the U.S. Department of Health and Human Services, which administers many agencies and programs such as Medicare and Medicaid.
Current health/medical knowledge is primarily found in the journal literature, and one should never simply rely upon books. When searching the journal literature, note that, in addition to supporting keyword searching, health/medical indexing and abstracting services tend to use thesauri or controlled vocabulary. This means human beings are involved in the indexing and abstracting of health/medical journal literature, resulting in extremely detailed and precise databases. MeSH (Medical Subject Headings) is the thesaurus used by the U.S. National Library of Medicine in its MEDLARS (Medical Literature Analysis and Retrieval System) databases. MEDLARS has over 40 databases, including Medline/PubMed. Use MeSH when constructing search statements to take full advantage of the high quality comprehensive indexing supporting the MEDLARS databases.
In general, health/medical indexing and abstracting services do not provide full-text documents. However, many provide links to full-text document services, and many journals are now available electronically. See the Journal Articles and Current Awareness Services section below for additional information on print and electronic indexes, as well as electronic full-text journals.
Please contact the Law Library's Research Services librarians during their Research Services hours, or via email for help with locating or using any of the resources discussed in this guide.
Cases
LexisNexis: Area of Law - By Topic: Medical: Find Cases: Federal and States Cases - Selected Healthcare Related Material.
Includes US Supreme Court, US Court of Appeals, Federal District Courts, all 50 States, District of Columbia, Puerto Rico, Virgin Islands, and other US territories as well as specialty courts such as Military Appeals, Customs, Patents, Tax, Trade, Commerce, Veteran Appeals, and Bankruptcy.
LexisNexis: Area of Law - By Topic: Medical: Multi-Source Groups: Medical and Health Materials Combined, All.
LexisNexis: States Legal - U.S.: Ohio: Find Cases: By Area of Law: OH Health Cases.
Selected health cases decided by the Ohio Supreme Court since 1821, Ohio Court of Appeals since 1913, and various Ohio Miscellaneous Courts since 1922.
Westlaw: U.S. State Materials: Case Law: Multistate Cases Organized by Area of Practice: Health & Medicine (MHTH-CS). Includes all 50 states and the District of Columbia.
Westlaw: Topical Materials by Area of Practice: Health & Medicine - See individual databases in Federal Cases section.
Westlaw: KeySearch: Health section.
Westlaw: U.S. State Materials: Ohio: Cases: Case Law Organized by Practice Area or Topic: Health & Medicine (OHHTH-CS). Selected cases decided by the Ohio Supreme Court since 1821, Ohio Court of Appeals since 1913, and various Ohio Miscellaneous Courts since 1889.
Statutes and Codes
US Code: Public Health and Welfare 42 USC; Hospitals and Asylums 24 USC; Food and Drugs 21 USC
[Links via Cornell Law School's Legal Information Institute; "generated from the most recent version made available by the US House of Representatives."]
Ohio Code: Health-Safety-Morals 37 ORC; Insurance 39 ORC.
Ohio Code: Occupations, Professions: Dentists; Dental Hygienists ORC 4715 et seq.; Nurses ORC 4723 et seq.; Pharmacists; Dangerous Drugs ORC 4729 et seq.; Physicians; Limited Practitioners ORC 4731 et seq.
Several other health occupations and professions also in the 4730s-4770s Chapters of the ORC.
Regulations and Rules
Code of Federal Regulations: Public Health (Department of Health and Human Services) 42 CFR; Food and Drugs (Food and Druge Administration) 21 CFR Chapter 1.
[Links via GPO Access.]
Ohio Administrative Code: Department of Health OAC 3701 et seq.; State Certificate of Need Review Board OAC 3702 et seq.; Commission on Minority Health OAC 3704 et seq.; Department of Insurance OAC 3901 et seq.; State Dental Board OAC 4715 et seq.; Ohio Board of Nursing OAC 4723 et seq.; State Board of Pharmacy OAC 4729 et seq.; State Medical Board OAC 4731 et seq.
Several other Ohio state health-related boards also in the 4730s-4760s Chapters of the OAC.
Treatises and Practice Guides
Selected significant treatises and practice guides in the Cleveland-Marshall College of Law Library collection which provide a foundation in issues of health law include the following:
American Bioethics: Crossing Human rights and Health Law Boundaries / George J. Annas. Oxford University Press, c2005. K3240 .A56 2005
Belmont Revisited: Ethical Principles for Research with Human Subjects / James F. Childress, Eric M. Meslin, and Harold T. Shapiro, eds. Georgetown University Press, c2005. R853 .H8 B45 2005
Black Markets: the Supply and Demand of Body Parts / Michele Goodwin. Cambridge University Press, c2006. RD120.7 .G66 2006
Conflicts of Interest: Challenges and Solutions in Business, Law, Medicine, and Public Policy / Don A. Moore, et al., eds. Cambridge University Press, c2005. HF5387 .C6614 2005
Ethical Eye: Transplants. Council of Europe Pub., c2003. QH442 .E84 2003
The Ethics of Medical Involvement in Capital Punishment: a Philosophical Discussion / Joseph B.R. Gaie. Kluwer Academic, 2004. R724 .G325 2004
Health Care Law: a Practical Guide / Michael G. Macdonald, Kathryn C. Meyer, and Beth Essig. Mathew Bender, c1985- . KF3821 .M32
HIPAA for the general practitioner / Melanie Bragg KF3827.R4 B73 2009
Legal Perspectives in Bioethics / Ana S. Iltis, Sandra H. Johnson and Barbara A. Hinze, eds. Routledge, c2008. KF3821 .L445 2008
Mason & McCall Smith's Law and Medical Ethics / J.K. Mason and G. T. Laurie. Oxford University Press, c2005. K3601 .M38 2005
Medical Law & Ethics / Shaun Pattinson. Sweet & Maxwell, c2006. KD3395 .P38 2006
Medical-Legal Aspects of Pain and Suffering / Patricia Iyer, ed. Lawyers and Judges Pub. Co., c2003. RB127 .M424 2003
Medicine on Trial: a Handbook with Cases, Laws, and Documents / Elisabeth A. Cawthon. ABC-Clio, c2004. KF3821 .C39 2004
Messenger Model Handbook. American Bar Association Section of Antitrust Law, c2008. KF3827 .A58 .M47 2008
No Margin, No Mission: Health-Care Organizations and the Quest for Ethical Excellence / Steven D. Pearson, James E. Sabin, and Ezekiel J. Emanuel. Oxford University Press, c2003. RA413 .N6 2003
Pharmacracy: Medicine and Politics in America / Thomas Szasz. Syracuse University Press, c2003. RA418.2 .U6 S936 2003
Policing Pregnancy: the Law and Ethics of Obstetric Conflict / Sheena Meredith. Ashgate, c2005. KF2910 .G94 M47 2005
The Privatization of Health Care Reform: Legal and Regulatory Perspectives / M. Gregg Bloche, ed. Oxford University Press, c2003. KF3825 .P75 2003
Public Interest Colloquium: Minimizing Medical Errors: Legal Issues In the Debate On Improving Patient Safety. American Health Lawyers Association, c2003. KF3821 .A75 A82 2003
Reproductive Health and Human Rights: Integrating Medicine, Ethics, and Law / Rebecca J. Cook, Bernard M. Dickens, and Mahmoud F. Fathalla. Clarendon Press, c2003. RG133 .C667 2003
Taking Issue: Pluralism and Casuistry in Bioethics / Baruch A. Brody. Georgetown University Press, c2003. R724 .B755 2003
Transplanting Human Tissue: Ethics, Policy, and Practice / Stuart J. Youngner, Martha W. Anderson, and Renie Schapiro. Oxford University Press, c2004. RD120.75 .T745 2004
The U.S. Supreme Court and Medical Ethics: From Contraception To Managed Health Care / Bryan Hilliard. Paragon House, c2004. Electronic Book available via Scholar
When Law and Medicine Meet: a Cultural View / Lola Romanucci-Ross and Laurence Tancredi. Kluwer Academic Publishers, c2004. K3601 .R66 2004
Health Care Law. Ohio CLE Institute, c2003. KFO360 .H4357 2003 v.03-117
Health Care Law. Ohio State Bar Association CLE, c2007. KFO360 .H435 2007
Study Aids
- Health Care Law and Ethics in a Nutshell KF3821.Z9 H35 1999
- Health Law Hornbook KF3821 .H4343 2000
- Bioethics and Law in a Nutshell KF3821 .J64 2009
Searching SCHOLAR and OhioLINK
SCHOLAR is the electronic catalog for Cleveland State University's Law Library and University Library. CSU also participates in the state-wide consortia OhioLINK, which provides access to a state-wide central catalog and numerous research databases. For treatises and other materials, search the SCHOLAR and OhioLINK catalogs with the subject headings Medical Laws and Legislation; Medical Laws and Legislation - United States; Medical Laws and Legislation - Ohio. See also the 80+ Medical Laws and Legislation Related Subject Headings.
Journal Articles and Current Awareness Services
See the Finding Articles in Law Reviews, Journals and Other Legal Periodicals guide for an explanation of the legal periodical indexes and databases available to Cleveland-Marshall College of Law students and the CSU community. That guide covers print and electronic indexes, as well as electronic full-text journals. In particular, note OhioLINK's Electronic Journal Center and its Health Sciences and Medicine subject cluster.
Selected specialty journals and current awareness materials concerning Health Law in the Cleveland-Marshall College of Law Library collection include:
American Journal Of Law & Medicine. American Society of Law & Medicine. K1 .M445
Annals Of Health Law. Loyola University Chicago School of Law. Institute for Health Law, in cooperation with National Health Lawyers Association. K1 .N525
DePaul Journal Of Health Care Law. DePaul University College of Law. Health Law Institute. Electronic Journal
Health Law and Policy. American University Washington College of Law. Electronic Journal
The Health Lawyer. American Bar Association. Forum Committee on Health Law. KF3821 .A15 H422 & Electronic
HEC Forum: an Interdisciplinary Journal On Hospitals' Ethical and Legal Issues. Pergamon Press. R724 .H38 & Electronic
Houston Journal Of Health Law & Policy. Joe Christensen, Inc. K8 .O749
Issues In Law & Medicine. National Legal Center for the Medically Dependent & Disabled, Inc. and Horation R. Storer Foundation, Inc. KF480 .A15 I87
Journal Of Contemporary Health Law and Policy. Catholic University of America Press. K10 .O97 & Electronic
Journal of Health and Biomedical Law. Suffolk University Law School Health and Biomedical Law Society. Electronic Journal
Journal of Health and Life Sciences Law. American Health Lawyers Association, c2007. K10 .O86826
Journal Of Health Care Law & Policy. University of Maryland School of Law. Law & Health Care Program. Electronic Journal
Journal Of Health Law. American Health Lawyers Association. K10 .O86823 & Electronic
Journal Of Health Politics, Policy and Law. Duke University Press. K10 .O8684 & Electronic
Journal Of Law and Health. Cleveland-Marshall College of Law. K10 .O8767
Journal Of Law, Medicine & Ethics. American Society of Law, Medicine & Ethics. KF3821 .A15 L38 & Electronic
Journal Of Legal Medicine. American College of Legal Medicine. K10 .O8736 & Electronic
Journal Of Medicine and Law. Michigan State Unviersity Detroit College of Law. K10 .O8823
Medical Law International. ABA. K13 .E3
Medicine and Law. Springer International. K13 .E28
Modern Health Care Law Digest. Specialty Digest Publications. KF3821 .A59 M63
Quinnipiac Health Law Journal. Quinnipiac College School of Law. K25 .U46
Yale Journal Of Health Policy, Law, and Ethics. Yale Law School. K29 .A335
Aggregate Databases and Other Web Resources
CCH Health and Human Resources - Health Care Reimbursement
CCH Health and Human Resources - Health Care Compliance
CCH Health and Human Resources - Food, Drugs and Devices
American Medical Association
In particular, see its "Professional Resources - Legal Issues" link.
American Medical Forensic Specialists
Association of State and Territorial Health Officials
Commerce Clearing House Health and Human Resources Database
College of Law faculty and students can connect to this database via the Law Library - Student Services - Electronic Resources page. At this page, scroll to the "CCH" section, then click on "CCH Health and Human Resources" - the system will then prompt you to enter your Cleveland-Marshall College of Law email address to enter the database. Once connected, you can register for Email updates by clicking on "Sign up for Email Delivery" under "Today's Tracker News" at the upper right. Database subtopics include Health Care Reimbursement; Health Care Compliance; and Food, Drugs & Devices.
Cornell Law School's Legal Information Institute: Law about: Health Law
FindLaw For Legal Professionals Under "Research the Law" tab - Primary Materials, note Practice Areas. From here can connect to Health Law
Galaxy Directory: Medicine
Jurist: Legal Research: Law Guides: Health Law
Karolinska Institutet's Biomedical Information Resources & Services - by Subject
Kennedy Institute of Ethics. National Reference Center for Bioethics Literature
"A specialized collection of books, journals, newspaper articles, legal materials, regulations, codes, government publications, and other relevant documents concerned with issues in biomedical and professional ethics." Provides access to Bibliographies as well as four databases covering bioethics and professional ethics, ethics and public policy issues in genetics, international bioethics organizations, and educational syllabi.
LexisONE: Legal Web Site Directory: Practice Areas: Healthcare Law
LexisNexis: Area of Law - By Topic: Medical
LexisNexis: Area of Law - By Topic: Health Care
Includes federal and state cases, court rules, statutes and legislative materials, administrative materials and regulations, law reviews and journals, treatises and analytical materials, CLE course listings and information, legal news, legal reference materials, medical journals, medical news and information, medical references (including Medline), and compliance materials.
Medical Matrix
Peer reviewed directory of over 6000 medical sites and over 1.5 million documents.
Medical World Search
Includes issues, news, hot topics, terminology, statistics, and search examples.
MedWorld: MedBot: Super Search
Chose up to four databases to search at the same time from Web search engines, general and medical indices, as well as medical education, news, and multimedia sites.
National Academy for State Health Policy
OhioLINK Research Databases: Medicine and Health
Includes CHID Online (Combined Health Information Database; produced by US government health-related agencies), Clinical Medicine and Health Research (articles not yet published, and may not yet be peer reviewed), several Medline databases, OT Search (occupational therapy; includes coverage of health care delivery or administration), CINAHL (nursing and allied health sciences), Health Source: Nursing/Academic Edition (includes Clinical Pharmacology, which provides drug monographs for US prescription drugs, over-the-counter products, herbal and nutritional supplements, as well as new drugs), Institute for Scientific Information Citation Databases (particularly Science Citation Index and Social Sciences Citation Index), Papers First, Proceedings First, and PsycINFO.
OhioLINK Research Databases: Law and Legislation
Includes LexisNexis Academic (particularly "News" and "Medical" groups), Papers First, and Proceedings First.
Rominger Legal: Practice Areas: Health Care Resources
Includes statutes and codes, news, professional directories, links to health care organizations and HMOs, subject specific links, as well as links to administrative agencies, bureaus, and commissions.
Telemedicine Information Exchange
U.S. Department of Health and Human Services
In particular, see its Agency for Healthcare Research and Quality and Office for Human Research Protections
U.S. DHHS Centers for Disease Control and Prevention (CDC)
In particular, see its National Center for Health Statistics.
U.S. DHHS Health Resources and Services Administration
U.S. DHHS National Health Information Center
U.S. DHHS National Institutes of Health
In particular, see its Research Involving Human Subjects and Office of Human Subjects Research
University of Iowa's Hardin MD
University of Iowa's Virtual Hospital
Westlaw: Topical Materials by Area of Practice: Health & Medicine
Includes federal and state cases, federal and state statutes, federal and state administrative materials, litigation reports, daily reports & current developments, periodicals, treatises, practice materials, medical research materials (including Medline), news, and reference materials.
LER
September 2008 links checked 8/09