Legal Analysis and Drafting

Federal and state laws and regulations are complex and have an enormous impact on health care — especially public sector programs, such as Medicaid and Medicare, which must be implemented in accordance with detailed federal and state rules. These rules are constantly changing, and every modification has the potential to affect new and existing health care policies and programs. A health care reform plan may look like it is viable on paper, but can it be legally enacted within the state and federal regulations on the books?

The Center for Health Law and Economics at UMass Medical School can provide the answer to that question. We partner with public sector agencies to provide legal analyses of comprehensive health system reform plans and discrete reform policies. Our lawyers have particular expertise in these areas:

  • Medicaid Federal Financial Participation
  • Federal Medicaid and State Children’s Health Insurance Program (CHIP) rules
  • The intersection of Medicare and Medicaid benefits and eligibility
  • Related Social Security benefits under Titles II and XVI of the Social Security Act
  • The Health Insurance Portability and Accountability Act (HIPAA)
  • The Americans with Disabilities Act (ADA)
  • Employee Retirement Income Security Act (ERISA)
  • Medicaid permissible health-care taxes 

We also can review and interpret state insurance and other laws to avoid any unintended consequences new health care reform policies may have on other statutes or programs.

The Center for Health Law and Economics offers a full range of legal analysis services:

  • Analyzing and interpreting new, existing, and proposed federal and state laws and regulations
  • Ensuring that new or existing policies and programs comply with federal and state laws and regulations
  • Determining the impact of new mandates on an existing health care policy or program — and recommending any necessary policy changes
  • Drafting statutory or regulatory language
  • Developing procurement documents for services upon implementation
  • Monitoring legal trends in federal and state health care policy
  • Educating agency leaders and other stakeholders about legal implications
  • Providing litigation strategies and settlement support