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At the time the book was published, Robert I. Field, J.D., M.P.H., Ph.D. was Chair of the Department of Health Policy and Public Health at the University of the Sciences in Philadelphia. Field is now Professor of Law at the Drexel University Earle Mack School of Law and Professor of Health Management and Policy at Drexel University School of Public Health.Google Scholar

Field, R. I., Health Care Regulation in America: Complexity, Confrontation, and Compromise (Oxford University Press, 2007).Google Scholar

Field discusses neither regulation pertaining to bioethics or the aging, nor the structure of regulatory entities such as state ombudsmen for the institutionalized elderly. Robert Gatter says this omission is understandable because such topics are “not essential to a survey of health law based on the themes of quality, access, and cost control.” Gatter, R., “Health Care Regulation in America,” (book review essay) Journal of Legal Medicine 28, no. 4 (2007): 593–599, at 598. I am not so sure. Quality, access, and cost control are often supplemented by a fourth key policy goal, autonomy. See, e.g., Furrow, B. R. et al., Health Law: Cases, Materials and Problems, 1 edition (St. Paul: West Pub. 1987): xviii–xix; Mariner, W. K., “Toward an Architecture of Health Law,” American Journal of Law & Medicine 35, no. 1 (2009): 67–87, at 83; Hall, M. A., “The History and Future of Health Care Law: An Essentialist View,” Wake Forest Law Review 41, no. 2 (2006): 347–364, at 353. Since there was good reason to include the theme of autonomy, there was good reason to include a discussion of regulation associated with bioethics. See Rosoff, A. J., “Health Law at Fifty Years: A Look Back,” Health Matrix 14, no. 1 (2004): 197–212, at 203 (“It is difficult to imagine a comprehensive health law text that would not have a substantial section devoted to these topics … .”); Capron, A. M., “A Bioethics Approach to Teaching Health Law,” Journal of Legal Education 38, no. 3 (1998): 505–510.Google Scholar

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See, e.g., Provena Covenant Medical Center v. Illinois Department of Revenue, No. 107328, 2010 WL 966858 (Ill. Mar. 18, 2010); Strom, S., “States Move to Revoke Charities' Tax Exemptions,” New York Times, Feb. 28, 2010: A21.Google Scholar

31 U.S.C. §§ 3729–33. I discuss this omission in further detail, infra.Google Scholar

The entries would be more useful if each regulatory development were linked to a specific date, for example, “1965: Medicare and Medicaid enacted.”Google Scholar

See Pozgar, G. D., Legal Aspects of Health Care Administration, 10th ed. (Sudbury, MA: Jones & Bartlett, 2007).Google Scholar

See Miller, R. D., Problems in Health Care Law, 9th ed. (Sudbury, MA: Jones & Bartlett, 2006).Google Scholar

Field, R. I., Teacher's Guide for Health Care Regulation in America: Complexity, Confrontation, and Compromise (version 1.0, Aug. 2007), available at <http://www.healthcareregulation.net> (last visited May 5, 2010). Ideally, this website would not only promote the book but would also supplement the book. Using a website in such a way is a model successfully implemented by other books in this area. See for instance Hall, M. A., Bobinski, M. A., and Orentlicher, D., website for Health Law and Ethics, 7th ed. (Austin: Wolters Kluwer Law & Business: Aspen, 2008), available at <http://indylaw.indiana.edu/instructors/orentlicher/public_html/home.html> (last visited May 5, 2010). While not in the healthcare area, a particularly good supplemental website is that supporting Klein, W. A., Ramseyer, J. M., and Bainbridge, S. M., Business Associations: Agency, Partnerships and Corporations, 7th ed., (New York: Thomson Reuters/Foundation Press, 2009), avaliable at <http://www.business-associations.com> (last visited May 5, 2010).Google Scholar

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Greely, H. T., “Some Thoughts on Academic Health Law,” Wake Forest Law Review 41, no. 2 (2006): 391–410, at 398 (“[H]ealth law is hard because it is largely state law.…”). Field does often use his home state of Pennsylvania as an example.Google Scholar

Another great example of federal-state tension, not discussed in Health Care Regulation in America, concerns the regulation of medical marijuana and the drugs used in physician-assisted suicide. See generally Gonzales v. Raich, 545 U.S. 1 (2005); Gonzales v. Oregon, 546 U.S. 243 (2006).Google Scholar

Field, R. I., “Why Is Health Care Regulation So Complex?” Pharmacy & Therapeutics 33, no. 10 (2008): 607–608, at 608.Google Scholar

The ERISA enforcement scheme, as interpreted by the courts, is bewilderingly complex. Judge Edward Becker described the ERISA regime as “unjust and increasingly tangled” and a “Serbonian bog.” DiFelice v. Aetna U.S. Healthcare, 346 F.3d 442, 453–54 (3d Cir. 2003) (Becker, J., concurring); see also Aetna Health, Inc. v. Davila, 542 U.S. 200, 222 (2004) (Ginsburg, J., concurring) (quoting Judge Becker's concurrence in DiFelice).Google Scholar

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See, e.g., Golden Gate Restaurant Ass'n v. City & County of San Francisco, No. 08–1515 (U.S. June 5, 2009) (petition for a writ of certiorari filed); Retail Industry Leaders Ass'n v. Fielder, 475 F.3d 180 (4th Cir. 2007).Google Scholar

Field does briefly mention qui tam actions in a discussion of the anti-kickback statute and Stark Amendments. Field, , supra note 5, at 187. But he omits any mention of the False Claims Act.Google Scholar

Field incidentally mentions criminal liability when briefly mentioning that the Department of Justice supplements the enforcement actions of the Office of Inspector General in the Department of Health and Human Services. Field, , supra note 5, at 188–89. Unlike the Office of Inspector General, he looks at neither the structure of the Department of Justice nor the nature of its regulation.Google Scholar

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Gatter calls this a “critical hole.” Gatter, , supra note 6, at 597.Google Scholar

In addition to omitting significant indirect regulation of health care, Field omits discussion of some regulation that is specifically targeted at health care: International health law. See for instance Jost, T. S., “Comparative and International Health Law,” Health Matrix 14, no. 1 (2004): 141–147; Gostin, L. O. and Taylor, A. L., “Global Health Law: A Definition and Grand Challenges,” Public Health Ethics 1, no. 1 (2008): 53–63.Google Scholar

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