Health care includes the prevention, treatment, and cure of physical and mental health issues that may affect human beings. Legal issues related health care may arise—including issues related to (1) the provision of health care services; (2) the payment for health care services—by individuals or by insurance; (3) the privacy of medical and health care records; and (4) the right to make health care decisions for ourselves and others.
In Virginia, health care law encompasses a variety of regulations and statutes that address the provision, payment, privacy, and decision-making authority related to health care services. Health care providers must adhere to state licensing requirements and standards of care when delivering services. Payment for these services can be made out-of-pocket by individuals or through health insurance plans, which are regulated by the Virginia Bureau of Insurance to ensure fair practices and coverage. The privacy of medical records in Virginia is protected under both federal law, such as the Health Insurance Portability and Accountability Act (HIPAA), and state laws that impose confidentiality obligations on health care providers. Additionally, Virginia law allows individuals to make their own health care decisions, including the right to accept or refuse medical treatment. Advance directives, such as living wills and durable powers of attorney for health care, are legal tools available to specify one's health care preferences or designate another person to make decisions if one becomes incapacitated. In cases where individuals are unable to make decisions and have not prepared an advance directive, Virginia law provides a hierarchy of individuals who are authorized to make decisions on their behalf.