Goodson Law Library

Searching by subject heading is one way to pinpoint materials within the Duke Libraries catalog on particular topics within the "health law" field. There are numerous health law related subject headings which can be used to find materials on a specific sub-topic, including:

• Health care reform -- United States
• Health insurance
• Health policy -- United States
• Medical ethics
• Medicaid
• Medicare -- law and legislation
• Medical records -- law and legislation
• Drugs -- law and legislation
• Medical informatics -- law and legislation
• Reproductive rights

Health care law is an often contentious and frequently debated area of law. Changes to the law occur frequently, so researchers should select a source that is updated regularly. However, some older materials offer an excellent overview of foundational health care statutes that are still in force today, such as the ADA (Americans with Disabilities Act) and HIPAA (Health Insurance Portability and Accountability Act).

In addition to the resources below, Bloomberg Law’s Health Practice Center includes treatises on pharmaceutical law, managed care, health care fraud, and other health-related topics, with materials subject to regular updates and current awareness resources.

A. Treatises and Hornbooks

Fundamentals of Health Law, American Health Lawyers Association (KF3821.F86 2014). This volume covers basic medical terminology, Medicare, medical malpractice and ethics, hospital regulation and antitrust, and home providers/long-term care.

Health Care Law and Ethics in a Nutshell, West Pub. Co. (KF3821.H353 2025 and online).  Small paperback volume that gives an overview of health care finance and delivery, treatment relationships, insurance, facility and insurance regulation, life support, organ donation, and reproductive technologies.

Health Care Law Sourcebook, Matthew Bender & Co. (online in Lexis). Includes sections on Medicare and Medicaid, HIPAA and the ADA, drug and device approval, antitrust and trade issues related to health care providers, disease control, ERISA, and other health laws.

Health Law, 3d ed., West Pub. Co. (KF3821 .H4343 2015 and online). Good overview hornbook that covers health law as it affects health care deliverers and institutions, including tax status, regulation and licensure, health care business associations, ERISA, Medicare and Medicaid, antitrust, and ethical decision-making on issues such as death and dying, human research subjects, and reproductive rights.

Health Law Essentials, American Bar Association (2023) (online). A high-level overview and resource guide on health law issues and regulations.

Legal Medicine, Mosby Co. (KF3821 L45 2004). Covers numerous medical topics of direct interest to patient care providers and gives examples. Cross-listed with the medical center, it covers such topics as medical education and licensure, peer-review, complementary and alternative medicine, health insurance and professional liability insurance, health information privacy, access to medical care, end of life issues, and other legal topics surrounding patient care.

Treatise on Health Care Law, Rev. Ed., Matthew Bender & Co. (online in Lexis). Comprehensive treatise covering a myriad of legal health topics, including health care management, health care payment systems, litigation, antitrust, medical waste disposal, access to health care, HIPAA/HITECH privacy requirements, informed consent, end of life issues, and other topics.

B. Articles and Current Awareness

Numerous private organizations and law firms publish informative newsletters and blogs on particular issues in health law. While these sources can be very helpful in keeping researchers abreast of recent developments, the information they provide must be verified and any issue raised should be carefully examined using traditional legal research sources. The information may be accurate and timely, but additional information critical to thoroughly understand the issue may be omitted or truncated. The following resources are credible places to search for information on current legal issues in the health care field.

• Bloomberg Law’s Health Practice Center includes legal news and analysis on “Health Law & Business” and “Pharma & Life Sciences,” as well as legal trackers. Users can also sign up for daily and weekly email alerts on health care news.
• PubMed is a publicly available search interface that includes the Medline database (also accessible through the Ovid search platform) in addition to life science journals and online books (not to be confused with PubMed Central, which is a digital repository of publicly accessible biomedical and life sciences journal articles). Access PubMed through Duke Libraries in order to get links to those articles available through Duke subscriptions. Articles accessible through PubMed include a wide range of topics, from highly technical clinical trial reports to health policy and regulatory compliance articles.
• Justia, a free website that provides daily and weekly opinion summaries by topic, includes a Health Care Law topical link which provides access to current news, articles, blogs, legislation, regulations, and featured cases.
• Law360 provides news, commentary, and analysis in many health-related practice areas, including Compliance, Health, Insurance, and Life Sciences. 
• FindLaw Newsletters includes the bi-weekly free newsletter Health Law Pulse. A free FindLaw account is required to set up the subscription.

C. Dictionaries, Encyclopedias and Indexes
 

• Attorneys' Dictionary of Medicine (online in Lexis) includes medical term definitions with examples and practical analogies.
• Lawyers’ Medical Cyclopedia (online in Lexis), offers information and case law on many medical and surgical specialties and includes a bibliography.
• MedLine Plus is a consumer-friendly resource from the National Institutes of Health that includes a medical encyclopedia and a medical dictionary.
• Stedman’s Medical Dictionary (online in Westlaw) includes medical, pharmaceutical, and bioscience terms. 

D. Health Statistics
 

• National Center for Health Statistics is a portal that includes links to numerous collections of health data and statistical reports.
• CDC Wonder provides a single point of access to a wide variety of public health reports and data systems, both local and external, categorized by topic.
• State Health Facts, sponsored by the Kaiser Family foundation, includes a map with clickable links to health statistics by state. Users can also search for health statistics by topic.
• Health Statistics, maintained by the National Library of Medicine and the National Institutes of Health, includes links to health statistics by topic, including CDC’s "FastStats A to Z"
• The Dartmouth Atlas of Health Care Archive used Medicare data to provide information and analysis about national, regional, and local markets, as well as hospitals and their affiliated physicians through June 2024. Search by topic, hospital, or region.
• National Institutes of Health/National Library of Medicine, Electronic Databases and Directories is a portal to numerous free databases and includes a search template that allows selection of data by subject from list of resources.

There are many federal laws that have an impact on health law, either directly (for example, the Patient Protection and Affordable Care Act) or indirectly (for example, sections of the tax code allowing for health cost-related exemptions). The following laws are some of the primary sources of legislative authority that U.S. shape health care law.

A. Statutes and Legislative Histories
 

ADA (Americans With Disabilities Act of 1990), Public Law No. 101-336, 104 Stat. 327, codified at 42 U.S.C. § 12101 et. seq. Prohibits discrimination against people with disabilities in employment, transportation, public accommodation, communications, and governmental activities.

• For explanations and summaries, see US Department of Justice, Guide to Disability Rights Laws (2020); U.S. Department of Labor, Disability Resources; FindLaw, The Americans with Disabilities Act: Overview, Americans with Disabilities Act Handbook, Henry Perritt (KF3469.P472); William D. Goren, Understanding the ADA (KF480.G67 2013).
• For legislative history materials, see Disability Law in the United States: A Legislative History of the Americans With Disabilities Act of 1990, 6 v., available through HeinOnline; Congress.gov bill report, including amendments, committee reports, and related bills; ProQuest Legislative Insight: enter PL 101-336 to view 66 publications including bills, records of debates, committee reports, hearings, and committee prints; Legislative History - Americans with Disabilities Act of 1990, available through Westlaw, U.S. GAO Federal Legislative Histories.

EMTALA (Emergency Medical Treatment and Active Labor Act), Public Law No. 99-272, 100 Stat. 164, codified at 42 U.S.C. § 1395dd, requires hospitals that accept Medicare to provide emergency treatment to anyone regardless of citizenship, legal status, or ability to pay, with no reimbursement provisions. Participating hospitals may not transfer or discharge patients needing emergency treatment without the patient’s informed consent until the patient is stabilized, unless their condition requires transfer to another facility better equipped to treat them.

• For explanations and summaries, see CMS.gov information page for the Emergency Medical Treatment & Labor Act; Joseph Zibulewsky, The Emergency Medical Treatment and Active Labor Act (EMTALA): What It Is and What It Means for Physicians, 14 Baylor University Medical Center Proceedings 339 (2001); Jennifer Stiller, EMTALA: A Comprehensive Guide to the Emergency Patient Screening and Transfer Law  (KF3826.E5 S74 2004).
• For legislative history materials, see History of H.R. 3128, Consolidated Omnibus Budget Reconciliation Act of 1985;  Legislative History of the Consolidated Omnibus Reconciliation Act of 1985: P.L. 99-272: 100 Stat. 82: Apr. 7, 1986, 17 v., available through HeinOnline; Legislative History of PL99-272, Income Security and Related Programs, 483 documents, including amended acts, related bills, committee reports, hearings, etc., ProQuest Legislative Insight (enter PL 99-272).

ERISA (Employee Retirement Income Security Act of 1974, Public Law No. 93-406, 88 Stat. 829, codified in sections of Title 29 of the U.S. Code, short title at 29 U.S.C. § 1001) provided a comprehensive federal scheme for the regulation of employee pension and welfare benefit plans offered by employers.

• For explanations and summaries, see CRS Report for Congress, Summary of the Employee Retirement Income Security Act (ERISA), May 19, 2009; ERISA: A Comprehensive Guide (KF3512.E742 2012), Paul Schneider & Brian Pinheiro eds.; and ERISA: Principles of Employee Benefit Law (KF3512.W533 2010), Peter Wiedenbeck.
• For legislative history materials, see Legislative History of the Employee Retirement Income Security Act of 1974, prepared by a subcommittee of the Senate Committee on Labor and Public Welfare, April 1976; Arnold & Porter Legislative History: Employee Retirement Income Security Act of 1974 (1993), available in Westlaw; H.R.2- Employee Retirement Income Security Act, 93rd Congress, actions, titles, committee reports, and related bills through Congress.gov; and ProQuest Legislative Insight, with a search for PL 93-406, contains 184 documents from the legislative history, including bills, debates, committee reports, committee prints, and hearings.

FDCA (Food, Drug and Cosmetics Act), Public Law No. 75-717, 52 Stat. 1040, codified at 21 U.S.C. § 301 et. seq., gives authority to the Food and Drug Administration to oversee the safety of food, drugs, medical devices, and cosmetics sold in interstate commerce.

• For explanations and summaries, see the Food and Drug Law Institute’s A Practical Guide to FDA’s Food and Drug Law and Regulation (KF1900.Z9 P73 2012) and Food and Drug Law and Regulation  (KF3869.F659 2011); Protecting America’s Health: The FDA, Business, and One Hundred Years of Regulation, Philip Hilts (RA11.H54 2003). 
• For legislative history materials, see A Legislative History of the Federal Food, Drug and Cosmetic Act and Its Amendments, (Docs. HE20.4005:F 73/2 & online); David F. Cavers, The Food, Drug and Cosmetic Act of 1938: Its Legislative History and its Substantive Provisions, 6 Law & Contemp. Probs. 2 (1939), available in Duke Law Scholarship Repository; Vincent A. Kleinfeld, Legislative History of the Federal Food, Drug and Cosmetic Act, 1 Food Drug Cosm. L.Q. 532 (1946).

HIPAA/HITECH (Health Insurance Portability and Accountability Act of 1996, Public Law No. 104-191, 110 Stat. 1936, codified in Titles 29, 42, 18, and 26 of the U.S. Code, short title at 42 U.S.C. § 201) created national standards to protect the privacy of patients’ medical records and other personal health information. Health Information Technology for Economic and Clinical Health Act, Public Law No. 111-5, 123 Stat. 226, codified in sections of Title 42 of the U.S. Code, short title at 42 U.S.C. § 201, was enacted to promote the adoption of health information technology, and strengthened enforcement of HIPAA privacy and security rules.

• For explanations and summaries, see HIPAA: For Professionals, U.S. Department of Health & Human Services; Health Care IT: The Essential Lawyer's Guide to Health Care Information Technology and the Law (available for interlibrary loan request from UNC Chapel Hill KF3827.R4 H343 2013); Health Care Privacy and Security, Andrew Serwin (current edition online in Westlaw); The Practical Guide to HIPAA Privacy and Security Compliance, Rebecca Herold (KF3827.R4 B43 2015); International HIPAA, Privacy, and Security Law Considerations, Rachel V. Rose (2024) (online).
• For legislative history materials, search ProQuest Legislative Insight for PL 104-191, the Health Insurance Portability and Accountability Act of 1996, includes 215 publications including bills, debates, reports, hearings, and committee prints; Legislative Histories of the Emergency Economic Stabilization Act of 2008 and the American Recovery and Reinvestment Act, 9 v. available in Taxation & Economic Reform in America Parts I & II, through HeinOnline; Congress.gov, HR 3103: Health Insurance Portability and Accountability Act of 1996, includes text, amendments, committee reports, and related bills; and Legislative History of the Health Insurance Portability and Accountability Act of 1994 in Westlaw, U.S. GAO Federal Legislative Histories.

Medicare/Medicaid: Medicare was created under Public Law No. 89-97, 79 Stat. 286, under Title 18 of the Social Security Amendments of 1965, and codified at 42 U.S.C. § 1395c et seq. It provided all persons 65 years of age or older who are legal U.S. residents for at least 5 years with insurance benefits covering hospital, medical, and prescription drug costs. Medicaid was created under Title 19 of the Social Security Act, and it is codified at 42 U.S.C. 1396 et. seq.; established a program that pays for medical assistance for low-income families.

• For explanations and summaries, see Brief Summaries of Medicare & Medicaid;  Elicia J. Herz, Medicaid: A Primer, Congressional Research Service Report for Congress, April 4, 2013 (in HeinOnline) and Alison Mitchell, Medicaid Primer (in HeinOnline); Patricia A. Davis, Medicare Primer, Congressional Research Service Report for Congress, May 21, 2020; Basics of Elder Law, NC Bar Association, includes chapters on Medicare and Medicaid (KFN7491.A3 .B37 2011).
• For legislative history materials, see Kaiser Family Foundation, Long-Term Care in the United States: A Timeline; Social Security Legislative History includes chronology of related legislation starting with 1935 act, and collection of legislative histories compiled by various governmental agencies; ProQuest Legislative Insight search for PL 89-97 to see the legislative history of enacted bill 89 H.R. 6675, including bills, debates, reports and hearings; Legislative History of the Act of July 30, 1965, PL 89-97, in Westlaw, U.S. GAO Federal Legislative Histories.

PPACA (Patient Protection and Affordable Care Act, Public Law No. 111-148, 124 Stat. 119, codified in sections of titles 42, 26, and 25 of the U.S. Code, short title at 42 U.S.C. § 18001.) Expanded Medicaid coverage, created health insurance exchanges for individuals without employer-based or public insurance coverage, prohibited coverage denial for pre-existing conditions and lifetime insurance limits, required most individuals to carry health insurance.

• For explanations and summaries, see CRS Reports on aspects of PPACA, compiled by UCLA School of Law; the Patient Protection and Affordable Care Act Detailed Summary, a 14-page document explaining PPACA’s provisions; or the Summary of the Affordable Care Act, from the Henry J. Kaiser Family Foundation.
• For legislative history materials, see Govtrack.us, which provides 7 prior versions of the bill; Congress.gov, HR3590 history, text, committee report, actions, and related bills; GPO: Public Law 111-148, which provides a list of citations to legislative history documents; Patient Protection and Affordable Care Act with a search for 111-148 on ProQuest Legislative Insight which includes prior versions of the bill, related acts, and full access to relevant sections of the congressional record, committee reports, and hearings; Health Care Reform: A Legislative History of the Patient Protection and Affordable Care Act, Public Law No. 111-148 (2010) Reams, Bernard D., and Forrest, Michael P., Compiler & Editor, available through HeinOnline.

B. Agencies, Regulations, and Administrative Decisions
 

Executive branch and independent federal agencies have broad responsibilities that impact health law. These federal agencies issue regulations, guidance documents, and sometimes administrative rulings on individual disputes. See the Goodson Law Library’s research guide to Federal Administrative Law for comprehensive information on finding administrative law materials.

Three agencies that play a key roles in administering health law and creating health law policy are the Food and Drug Administration, the Centers for Medicare and Medicaid Services, and the Social Security Administration.

FDA (Food and Drug Administration)

The FDA is an agency within the US Department of Health and Human Services. FDA and USDA share responsibility for food safety inspection, although the rules that determine which agency is responsible for which food products can be complex. FDA is also responsible for regulating drugs, medical devices, radiation-emitting products, vaccines and biological products, animal and veterinary products, cosmetics, and tobacco products. The FDA also develops and enforces sanitation rules for interstate transport of various products.

• CFR sections: CFR Title 21, parts 1-1499, searchable by keyword.
• Letters and Guidance Documents: via FDA enforcement documents website;
  Bloomberg Law > Practice Centers > Health > Health Home > Agency Materials > Food & Drug Administration; 
  Lexis > Practice Area > Healthcare Law > All Healthcare Law Administrative Materials; 
  Westlaw > Practice Areas > Health Law > Administrative Decisions & Guidance > Food & Drug Administration (FDA).

CMS (Centers for Medicare & Medicaid Services)

The CMS is an agency within the US Department of Health and Human Services. It is responsible for administering Medicare, state insurance program for children (SCHIP), and for enforcing HIPAA standards.

• CFR sections: 42 CFR Ch. IV (Centers for Medicare & Medicaid Services, Department of Health and Human Services)
• Rulings, decisions, and agency documents: Rulings, decisions, and agency documents: CMS.gov Regulations & Guidance; 
  Bloomberg Law > Practice Centers > Health >Health Home > Agency Materials > Centers for Medicare and Medicaid Services;
  Lexis > Practice Areas > Healthcare Law > All Healthcare Law Administrative Materials;
  Westlaw > Practice Areas > Health Law > Administrative Decisions & Guidance > Department of Health and Human Services (HHS).

SSA (Social Security Administration)

The SSA is an independent agency within the executive branch that is responsible for administering social security retirement, disability, and survivor benefits.

• CFR sections: 20 CFR Parts 400-499 (Chapter III- Social Security Administration)
• Rulings, decisions and agency documents: Cumulative Listing of Current Court Case Decisions Published as Social Security Rulings (1960-2005) (alphabetical listing; includes disputed issue in parenthetical next to title of case); 
  Westlaw > Federal Materials > Federal Administrative Decisions & Guidance > Social Security Administration > Social Security Rulings: includes adjudicative decisions reached by the Social Security Administration (SSA) board or a federal court and acquiescence rulings, beginning with 1960); 
  Lexis > Federal > Federal Administrative Materials > Social Security Administration.