Health Law Board Certification by the Louisiana Board of Legal Specialization

The Louisiana Board of Legal Specialization has established comprehensive standards for attorneys seeking certification in Health Law. These standards are designed to ensure that certified specialists possess a high level of expertise, professionalism, and dedication to the field. Below is a detailed overview of the requirements:

1. Active Bar Membership

• Eligibility: Applicants must be active members in good standing with the Louisiana State Bar Association.

2. Experience and Practice Focus

• Minimum Practice Requirement: Applicants must have a minimum of five years of full-time legal practice immediately preceding their application, with at least 35% of their practice devoted to Health Law during 48 of the 60 months preceding the application year.
• Specialization Focus: The practice must involve federal, state, and local law regarding operational, regulatory, and transactional issues among health care providers, patients, payors, vendors, governmental regulators, and others involved in the delivery and financing of health care services.

3. Continuing Legal Education (CLE)

• CLE Requirements: Applicants must complete a minimum of 15 hours of specialized CLE in Health Law within the application year. These CLE credits must be approved by the Louisiana Mandatory Continuing Legal Education (MCLE) Committee and the Health Law Advisory Commission. Prior CLE credits cannot be used to satisfy this requirement.

4. Professional References

• Reference Submission: The application must include at least five reference statements from practicing attorneys who can attest to the applicant’s competence in Health Law. At least one of these references must be from a Board-Certified Health Law Specialist.

5. Professional Liability Insurance

• Insurance Requirement: Applicants must maintain professional liability insurance with a minimum coverage of $1,000,000. The insurance must be from a provider acceptable to the Board, and proof of insurance must be provided with the application.

6. Written Examination

• Examination: Applicants must pass a written examination designed to assess their knowledge and expertise in various areas of Health Law, including contracting, fraud and abuse, provider regulation, institutional operations, patient care, and integration and reimbursement.

7. Certification Duration and Recertification

• Five-Year Certification: Certification as a Health Law Specialist is valid for five years. During this time, certified specialists must continue to meet all maintenance requirements, including annual CLE and maintaining professional liability insurance.
• Recertification Process: Every five years, specialists must apply for recertification, demonstrating continued compliance with certification standards. This includes verifying continued practice focus in Health Law, ongoing CLE, and insurance coverage.

These standards ensure that attorneys certified in Health Law by the Louisiana Board of Legal Specialization are highly qualified professionals with specialized knowledge and experience in this complex field. This certification signifies a commitment to maintaining the highest standards in providing legal services related to health law.

The application process for Board certification in Health Law by the Louisiana Board of Legal Specialization is detailed and involves several key steps:

1. Eligibility and Bar Membership

• Active Membership: Ensure you are an active member in good standing with the Louisiana State Bar Association.

2. Experience and Practice Focus

• Minimum Practice Requirement: Applicants must have at least five years of full-time legal practice, with at least 35% of their work focused on Health Law during 48 of the 60 months preceding the application year. This includes handling legal matters related to the delivery and financing of healthcare services, regulatory compliance, and operational issues in the healthcare sector.

3. Continuing Legal Education (CLE)

• CLE Requirements: Complete a minimum of 15 hours of specialized CLE in Health Law within the year of application. All CLE credits must be approved by the Louisiana Mandatory Continuing Legal Education (MCLE) Committee and the Health Law Advisory Commission. CLE credits earned in previous years cannot be used to fulfill this requirement.

4. Professional References

• Reference Submission: Applicants must submit at least five reference statements from practicing attorneys who can attest to their competence in Health Law. At least one reference must come from a Board-Certified Health Law Specialist. These references provide external validation of the applicant's expertise and professional reputation in the field.

5. Professional Liability Insurance

• Insurance Requirement: Applicants must maintain professional liability insurance with a minimum coverage of $1,000,000. The insurance policy must be from a provider acceptable to the Board, and proof of coverage must be submitted with the application.

6. Written Examination

• Examination: Applicants are required to pass a written examination that assesses their knowledge and expertise in various areas of Health Law, including contracting, fraud and abuse, provider regulation, patient care, and healthcare integration and reimbursement. This examination is designed to ensure that applicants possess a comprehensive understanding of the complexities involved in Health Law.

7. Confidential Inquiry and Final Submission

• Confidential Inquiry: Applicants must consent to a confidential inquiry by the Board or the Health Law Advisory Commission, which includes contacting the provided references and possibly other relevant individuals to assess the applicant’s competence and ethical standards.
• Final Submission: After completing all the requirements, including CLE, reference submission, and passing the examination, the completed application must be submitted to the Louisiana Board of Legal Specialization for review.

This thorough application process ensures that only highly qualified and experienced attorneys receive certification in Health Law, signifying their expertise and dedication to this specialized area of legal practice.

Maintaining certification as a Health Law specialist through the Louisiana Board of Legal Specialization requires ongoing commitment to professional development and adherence to specific standards. Certified specialists must fulfill annual obligations, including completing required CLE hours and maintaining professional liability insurance. Every five years, specialists must undergo a recertification process to retain their status. Failure to meet these requirements can lead to decertification, ensuring that only those who consistently meet the high standards of the profession maintain their certification.

Annual Duties

1. Continuing Legal Education (CLE): Certified specialists must complete at least 15 hours of approved CLE in Health Law each year. Up to eight excess hours can be carried forward to the next year.
2. Professional Liability Insurance: Specialists must maintain professional liability insurance with a minimum coverage of $1,000,000 and provide proof annually.
3. Active Practice Certification: Specialists must annually certify that they are engaged in full-time legal practice, dedicating at least 35% of their work to Health Law.

Recertification

1. Five-Year Recertification Cycle: Specialists must apply for recertification every five years. This involves submitting an application demonstrating continued compliance with certification requirements, including CLE completion, practice focus, and insurance coverage.
2. Application Submission: The recertification application must confirm that the specialist has maintained at least 35% of their full-time practice in Health Law over the past five years.

Decertification

1. Grounds for Decertification: The Louisiana Board of Legal Specialization may revoke certification for failure to comply with annual duties, such as not meeting CLE requirements, failing to maintain professional liability insurance, or not adhering to the required practice focus.
2. Review Process: If a specialist does not meet the requirements, the Board may initiate a review process that could lead to decertification. The specialist will be notified and may have the opportunity to appeal the decision.

These procedures ensure that Health Law specialists maintain their expertise and commitment to the high standards required in this specialized field of law.