Also known as:health care providers · healthcare provider · healthcare providers · HCP · provider
Written by attorneys · grounded in primary & secondary sources — see below
A person or entity that furnishes medical, dental, or other health-related services to patients. The term encompasses physicians, hospitals, clinics, and similar actors that transmit health information in electronic form or receive assignments of health-care-insurance receivables.
Sources & Authorities
How it applies
Common Examples
6
Municipal Ordinance Favoring Public Facility
Hudson Partners, a private health care provider, challenged a city ordinance requiring all emergency medical transports to go to the government-owned clinic. The ordinance directed patients to the public facility rather than private providers. The court applied lenient review because the favoritism targeted a public provider performing a traditional government function and was motivated by legitimate public objectives.
Police Agreement With Hospital Testing
Hannah Hughes, a nurse at the Medical University health care provider, performed urine screens on pregnant patients. The hospital had agreed with police to share positive results for prosecution. The court held that the searches implicated the Fourth Amendment because the tests were conducted in conjunction with law enforcement rather than for independent medical purposes.
Select any source to read its text and confirm it supports the definition.
Cases
Statutes
Federal Rules
Uniform Acts
Restatements
Study Supplements
Ferguson v. City of Charleston532 U.S. 67 (2001)
Data Mining Of Prescriber Information
Helix Biotech, a health care provider, objected when Vermont allowed pharmacies to sell its prescribing data to pharmaceutical marketers. The statute restricted use of the information without provider consent. The court struck down the law as a content-based speech restriction that failed heightened scrutiny.
Sorrell v. IMS Health Inc.564 U.S. 552 (2011)
State Ban On Public Funding For Abortions
Hassan Hakim, a physician at a reproductive health care provider, challenged Missouri's prohibition on using public facilities or employees to perform abortions. The statute barred such services except to save the mother's life. The court upheld the funding restrictions as not violating the Constitution.
Webster v. Reproductive Health Services492 U.S. 490, 517-522 (1989)
Informed Consent Waiting Period
Hazel Hoffman, a physician at a Pennsylvania health care provider, challenged the state's requirement that physicians provide certain information and impose a twenty-four-hour waiting period before an abortion. The statute aimed to ensure informed consent. The court upheld the provisions under the undue burden standard.
Planned Parenthood of Southeastern Pennsylvania v. Casey505 U.S. 833, 112 S. Ct. 2791, 120 L. Ed. 2d 674 (1992)
Funding Conditions On Counseling
Hyun Han, a counselor at a federally funded health care provider, challenged regulations prohibiting discussion of abortion as a family-planning option. The rules conditioned receipt of Title X funds on compliance. The court upheld the conditions as a valid exercise of Congress's spending power.
Rust v. Sullivan500 U.S. 173 (1991)
Common questions
Frequently Asked
4
Which entities qualify as covered health care providers under HIPAA?+
HIPAA applies to health care providers that transmit health information in electronic form, along with health plans and clearinghouses. Small plans with fewer than fifty participants are exempt. The definition focuses on electronic transmission of protected health information.
Supporting sources
How does the UCC treat assignments of receivables to health care providers?+
A security interest created by assignment of a health-care-insurance receivable to the provider of the goods or services is automatically perfected. The general rule excluding insurance assignments from Article 9 does not apply to these provider assignments.
When may a health care provider share patient information with law enforcement?+
Independent medical testing by a health care provider does not implicate the Fourth Amendment. Once police involvement creates an agreement to share results, the testing becomes a search subject to constitutional limits.
Supporting sources
Does a state statute restricting prescriber data sales violate the First Amendment?+
A law that restricts sale and use of prescribing information by health care providers is a content-based speech regulation. It must survive heightened scrutiny and cannot favor one type of speaker over another without sufficient justification.
505 U.S. 833, 112 S. Ct. 2791, 120 L. Ed. 2d 674 (1992)Constitutional Law
…The findings of fact by the District Court indicate that because of the distances many women must travel to reach an abortion provider, the practical effect will often be a delay of much more than a day because the waiting period requires that a woman seeking an abortion make at least two visits to the doctor. The District…