Originally published in Student Lawyer , September 2002 (Vol. 31, No
1) Hot Practice By Lisa Stansky Health law issues provide a fertile source of work for practitioners One thing you’ll never have to worry about if you choose to practice health
law is the relevance of your work. Open the paper and you’re bound to see a
reference to some health care issue, probably on the front page. It’s precisely the vast territory of health law that makes the field tough
for new lawyers to canvass, let alone define. "When you’re a health lawyer, you’re really dealing with a broad
range of issues, but for a specialized client," says Robert Roth, immediate
past chair of the ABA Health Law Section and a partner at Crowell and Moring in
Washington, D.C. The practice, he says, is driven by who the client is, rather
than by the parameters of a specific body of law. You can be a health lawyer with an antitrust practice, a health lawyer with a
regulatory practice, a health lawyer with a tort practice, a health lawyer with
a contract practice, a health lawyer with a government practice, and so on. Here are snapshot profiles of the professional lives of ABA leaders involved
with different aspects of health law: Smeeta Rishi carved out an unusual niche for herself in the San Francisco Bay
area as a solo with a corporate transactional health care practice. "Once
you have your own clients, you can do your own thing," says Rishi, chair of
the ABA Business Law Section’s health law committee. First, Rishi put in her years with more than one firm to develop her skills
and a client base. Then she struck out on her own, representing doctors and
entities created by physicians. Her work involves a great deal of contract
drafting and pushing to get her clients paid by health care companies, insurers,
and the like. Douglas Ross, by contrast, has a different work and professional environment
with a private practice in health care litigation and antitrust work. "Much
of what I do is give health care clients antitrust advice," says Ross, a
partner with Davis Wright Tremaine in Seattle and chair of the ABA Antitrust Law
Section’s health care industry committee. Before going into private practice,
Ross learned the governmental side of the law as a lawyer in the U.S. Department
of Justice’s Antitrust Division. Controlling costs As director of the corporate compliance program for Blue Shield of
California, Sara Keller says she wrestles with an overarching question that
plagues industry, government, patients, and providers alike: "How do we get
health care costs under control?" She also confronts that question and
others like it as chair of the ABA Health Law Section. It’s tough to land an in-house job straight from law school, Keller says,
recounting her own 20-year career odyssey. She started with a firm that
represented Blue Shield as well as the California Medical Association, the state’s
largest association of physicians. During her tenure at the firm she saw health
law issues from the vantages of her diverse clients. From there she moved on to
a small firm, and finally to Blue Shield, her former client. Government work, Keller advises, is an ideal springboard for a health law
practice. She says that in addition to seeking opportunities at the huge federal
agencies with involvement in health care issues (like the Department of Health
and Human Services), students should investigate job possibilities at the state
level with entities that regulate insurance, hospitals, and physicians. She also
notes that students should remember the office of the state attorney general,
which in many states prosecutes actions regarding physician licensing and other
health-related issues. Then there are highly specialized practices, like that of H. Stephen Brown,
who represents pharmaceutical manufacturers, device manufacturers, and providers
of what he terms "biological services." His work with the 20-odd
member Bogatin Law Firm in Memphis, Tenn., involves the array of federal and
state regulatory schemes that affect drugs and other regulated products, such as
blood. Brown also is chair of the health and human service committee of the ABA
Section of Administrative Law and Regulatory Practice. When taking stock of your skills, don’t forget about the value of
alternative dispute resolution. A partner at Troutman Sanders in Richmond, Va.,
Roderick Mathews relies on ADR skills to resolve health care disputes between
the physicians he represents and managed care organizations. The best current
career bets for new graduates lie in representing health care providers in
business and antitrust matters and working in-house within the hospital
business, says Mathews, former chair of the ABA Section of Dispute Resolution’s
committee on health care and ADR. A plus of working in health law is that the health care industry is
"recession proof" and a fertile source of legal work, says Howard
Wall, co-chair of the Emerging Issues Program of the ABA Health Law Section. A
health lawyer’s client base generally stays fit, even during economic
downturns, he says. A guarantee of vitality A single massive development—increased federalization—has transformed the
practice during the last two decades and guarantees the continued vitality of
the practice, says Roth, the Health Law Section’s immediate past chair. Before
he entered private practice, Roth spent nearly 20 years working on health law
issues for government agencies at the federal and state levels. Roughly 60 cents of every health care dollar spent in the United States comes
from Uncle Sam, via programs as diverse as Medicare, Medicaid, the Department of
Veterans Affairs, and the Department of Defense, Roth says. To emphasize the
enormity of the federal government’s involvement in health care, he points out
that the Medicare slice of the federal pie will amount this year to a whopping
$240 billion. For health lawyers, that’s a good statistic. Federal money comes with federal
regulation, and where there’s regulation, there’s lots of work for lawyers.
As Roth points out, "It’s hard to imagine that the federal government will
be spending that kind of money and rolling back its regulatory reach."
Lisa Stansky (nolawritestuff@cs.com)
is a lawyer and freelance writer in New Orleans. Your first stop for information about opportunities in health law should be
the ABA Health Law Section (www.abanet.org/health).
Click on the "Job Opportunities" link to get an idea about possible
career goals. Better yet, join the section for the reduced student rate of $10
and get The Health Lawyer journal, plus a chance to sign on with one
of the section’s special interest groups. If your goal is to include a strong regulatory angle to your practice, turn
to the Section of Administrative Law and Regulatory Practice (www.abanet.org/adminlaw).
The section’s home page has a link to information specifically for law students.
Membership is free for law students, and it offers access to the section’s publications
plus a chance to participate in the section’s committees and events. Prospective antitrust lawyers interested in health law should investigate the
Section of Antitrust Law (www.abanet.org/antitrust),
particularly the section’s committee on the health care industry. There’s no
charge for students to join the section; by doing so you’ll receive Antitrust
magazine and the Antitrust Law Journal. Don’t forget about other ABA sections that may mesh with your interests. There’s
the health law committee of the Section of Business Law (www.abanet.org/
buslaw/health), which ABA student members can join at no charge. Then
there’s the Section of Dispute Resolution (www.abanet.org/dispute),
which has a committee on health care and ADR. Student membership in that section
is $10. The Section of Individual Rights and Responsibilities (www.abanet.org/irr)
has a committee devoted to health rights. Section membership for law students
costs $15. Also consider TIPS, the Tort and Insurance Practice Section
(www.abanet.org/tips). Section membership
is free for law students, and the section’s web site includes a law student
page. TIPS has committees concerning the law of health and disability insurance,
employee benefits, insurance coverage, and medicine and the law. To join an ABA section, call 800-285-2221.
Resources on Health Law