Recommendations on a Reformed Health Law Curriculum Peter M. Leibold June 6, 2013

Background Kevin Outtersons research from AHLA members on law school curriculum spurred collaboration. Spurred by Kevins interest, AHLA established a Health Law Curriculum Steering Committee. The Steering Committee recruited over 100 volunteers to help with five working groups.

Kevins Research on Satisfaction with New Health Lawyers

Background Five Working Groups – Academic Matters/Practical Problems Compilation – Kathleen Boozang; Kevin Outterson – Law Firm/Employer Interests – Melissa Markey – State Law/State Bar Associations – Peter Pavarini – Health Law Clinic/Pro Bono – Harvey Tettlebaum – Volunteer Research/Written Work Product – Nicole DiMaria

Why Now?

General Views on Health Law 6 Future of Health Law Would highly recommend Health Law to a law student (% responding 8-10)

7

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9

Why Now

What best describes your employment?

What percentage of your work is best described by each of the following health law practice areas?

Generally, whom do you represent in your health law practice? Other Non-Physician Primary Care Providers

What subject areas are included in your health law practice?

What statement most accurately reflects your firm, business, or agencys health law hiring practices?

How strongly would you value the following attributes in a recent law school graduate for a health law related job at your firm, business or agency? *Graph shows only Very Strong responses

Rank in the order you would find the most useful skill for a recent law school graduate interviewing for a health law position at your firm, business or agency. *Graph shows the percentages for respondents top ranking only.

How important would you find the following courses on an entry-level candidates JD transcript? *Graph shows only Very Important responses

Do you find the students who participated in health law externships, journals, moot court, or clinics are better prepared for health related work at your firm, business or agency?

How important is it for a new health lawyer to have a broad understanding of the business side of healthcare?

How important is it for a new health lawyer to understand how healthcare is paid for?

How long does it typically take for most recent law school graduates to become proficient in analyzing basic health law issues?

How would you rate most recent law school graduates' preparation for practice in each of the following health law practice areas? On a scale of 1-5 with 5-Able to analyze complex issues; 4-Able to analyze basic issues; 3-Basic understanding of concepts but additional instruction needed for effective analysis; 2-Some background knowledge but additional instruction in basic concepts needed; and 1-Little to no background knowledge

Do you believe law schools can enhance a law students preparation for a career in health law with initiatives specific to the field of health law?

What initiatives, if any, could law schools take to improve recent law school graduates preparation to enter health law practice?

Curricular Recommendations Included academics and practicing lawyers. Seeking input from the broader health law academic community. Designed to support law schools in curricular development. Goal - aid schools in producing students substantively ready to practice health law upon graduation and support their efforts to integrate skills development into their curricula.

Curricular Recommendations Survey Class – Healthcare marketplace, delivery and finance sys – Federal healthcare reimbursement programs (including safety) – Fraud & Abuse (CMP, FCA, Stark) – Federal Health Information Privacy and Security/HIT/HIPAA – Provider Credentialing/Peer Review/NPDB Reporting/Corporate Practice of Medicine

Curricular Recommendations Survey Class (contd) – Commercial Insurance/Managed Care/ERISA/Exchanges – Tax Exempt Organizations & Governance – Patient Care, Informed Consent, Patient Rights, Advance Directives – Public Health/Wellness

Curricular Recommendations Health Law Concentration (In addition to survey course concepts) – Healthcare Antitrust – Medical Malpractice Coverage and Defense – Life Sciences (FDA regul of pharma and devices/human subject research) – Physical and Mental Disabilities (ADA, psychiatry, commitment) – Bioethics – Securities law – Healthcare finance and administration – Administrative law

An Unvetted Idea for the Third Year

The Interests at Stake in High School Students – All are disadvantaged and cannot afford the tuition for a Don Bosco education School – Need to find the resources to carry out mission to provide a top notch education to the needy Businesses – Have a strong interest in a well-trained, educated workforce and have less skilled work that needs to be done – at the right price.

The Interests at Stake in Law School Students – Desire for jobs to help pay back mountainous debt – Need for legal training to qualify for jobs Law Schools – Needs to find the resources to carry out mission to prepare superior legal minds as well as train in specific skill sets Private Employers – Have a strong interest in a well trained, educated work force and have less skilled work that needs to be done – at the right price.

Law School Law Firm 3 rd Year Law Students On the job training 2 days of work a week Negotiates internships 20K per private internship 10K per public internship Pays tuition minus 20K or 10K Appropriate discount on tuition 3 days of wraparound classes Negotiates internships

Collaboration This is an important project where the private sector and the academy should work hand-in- hand to achieve our compatible goal: – Training and then employing skilled, diverse, and intellectually curious lawyers who can analyze and suggest solutions for complex health law issues.