48 LEXPERT MAGAZINE
|
SEPTEMBER 2016
FEATURE
AS BABY BOOMERS
enter their golden years and their needs be-
gin to rise, the stresses on our health-care system will bring it danger-
ously close to a breaking point, giving rise to a myriad of legal issues. e
stakeholders here are diverse — from injured patients seeking recourse, to
service providers navigating onerous regulations, to the institutions them-
selves and their constantly changing governance mandates.
"Health care functions in many ways like a business, but is overlaid with
a highly regulated environment," says Penny Washington, who leads Bull,
Housser & Tupper LLP's health care group in Vancouver. "It requires
deep knowledge of the industry and its approaches. Many pieces of leg-
islation apply to the critical work being done. … In many ways, we act as
problem-solvers for our clients. At the same time, we're operating within
a public system and we have to be held accountable so we all have enough
money to take care of ourselves when we get old."
Legal advisors in this area need a sophisticated understanding of not
only the legislative framework of health-care law and the layers of regu-
lation involved, but also the political culture of Canadian health-care
providers. e tendency for risk aversion in the sector presents a near im-
penetrable barrier to innovation, while the nature of emerging business
opportunities can be profoundly altered by an election, a shi in political
climate or a change in policy.
Response
Stress
PHOTO:
SHUTTERSTOCK
NAVIGATING THE POLITICAL AND
BUREAUCRATIC MINEFIELD OF HEALTH
LAW IS NOT FOR THE FAINT OF HEART.
BUT AS DEMOGRAPHIC REALITIES ADD
PRESSURE TO AN ALREADY STRESSED
SYSTEM, OPPORTUNITIES
FOR INNOVATORS MAY EMERGE
BY BARBARA BALFOUR
