Loopholes: Opportunity, Responsibility, or Liability?

Abstract

This paper, which was solicited as a column for The Ethical Health Lawyer, briefly considers the role of health care attorneys in advising clients on revenue-maximizing opportunities under regulatory loopholes. Health law practice in the ethical gray area highlights tensions between competing duties of client loyalty and zealous advocacy, socially responsible corporate behavior, and legal professional ethics. The article explores those themes through several specific examples of loopholes in government health care reimbursement methodologies and other regulatory frameworks.

Keywords: Health law, regulation, economics, loopholes

JEL Classification: A12, D21, D63, D64, H51, I11, I18, K32, L21, L51