Professional Documents
Culture Documents
Med Legal Partnerships
Med Legal Partnerships
By Megan Sandel, Mark Hansen, Robert Kahn, Ellen Lawton, Edward Paul, Victoria Parker,
Samantha Morton, and Barry Zuckerman doi: 10.1377/hlthaff.2010.0038
HEALTH AFFAIRS 29,
NO. 9 (2010): 1697–1705
H
ealth reform efforts have fo- tronic health record to address legal needs
Center for Medical-Legal
cused on how to insure the mil- without a patient’s needing to see a lawyer. Partnership.
lions of Americans who lack A patient’s legal needs can include getting ap-
coverage and on improving effi- propriate documentation to support disability Edward Paul is an associate
ciencies within the health care applications or a referral to an enforcement professor of family medicine
in the Department of
system. However, health is as dependent on so- agency for action on a housing code violation
Community and Family
cial circumstance as it is on the health care re- such as pest infestations.2 In each instance, legal Medicine at the University of
ceived. information can be conveyed without interac- Arizona, in Tucson.
Over the past several decades, Congress, state tions between a lawyer and the patient.
governments, and federal agencies have enacted This paper also describes how medical-legal Victoria Parker is an assistant
professor of health policy and
laws and regulations to address a host of social partnerships can work with government agen- management at the Boston
factors that influence health, such as adequate cies to change laws and policies affecting low- University School of Public
nutrition, safe and affordable housing, and dis- income populations. In so doing, they can pre- Health.
ability income. However, primary care efforts to vent or address legal problems that pose a direct
Samantha Morton is executive
ensure health are undermined when patients do threat to health. Examples include expanding director of the Medical-Legal
not receive the benefits or protections that these regulatory protections for medically vulnerable Partnership–Boston.
laws afford them. utility consumers and opening offices for food
Medical-legal partnerships are an innovation stamp applications in health care settings. Barry Zuckerman is chair of
the Department of Pediatrics
in health care delivery to improve access to these Lastly, we suggest possible implementation
at the Boston University
benefits and protections, which in turn will im- and funding strategies. One strategy is integrat- School of Medicine.
prove health.1 ing medical-legal partnerships into Health Re-
This paper describes how medical-legal part- sources and Services Administration (HRSA)
nerships use community legal resources by inte- community health center grants or Healthy Start
grating them into the delivery of medical care. sites to address the legal issues at the root of
The partnerships can bring about clinical system many health disparities. Another strategy in-
changes such as adding form letters, standard- cludes using innovation funds and medical home
ized screening, and legal information to the elec- initiatives at the Centers for Medicare and
S e p t em b e r 2 0 1 0 29 :9 H ea lt h A f fai r s 1697
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Vulnerable Populations
Medicaid Services (CMS) to address legal issues Studies by the American Bar Association and
that pose barriers to effective medical care. This others reveal that low-income households have
can improve patients’ satisfaction with their an average of one to three unmet civil legal needs
medical homes by adding on-site legal as- related to income, housing problems, employ-
sistance. ment, and family issues such as guardianship
or domestic violence.
Fewer than one in five legal problems experi-
Addressing Legal Needs As Barriers enced by the poor are addressed with help from a
To Good Health private or legal aid lawyer, and most problems
Material hardships associated with poverty in- are left unresolved.5 Despite federal- and state-
clude hunger, safety, utility shutoffs, and sub- funded legal aid agencies, law school programs,
standard housing. These problems generally and substantial pro bono services from the pri-
constitute legal needs and are themselves bar- vate sector, low-income individuals and families
riers to good health.2 often do not have a safety net because they lack
Adverse Social Conditions With Legal access to legal assistance.
Remedies Legal needs are adverse social condi- Acute Needs First Like emergency physi-
tions with legal remedies that reside in laws, cians who focus on health emergencies and
regulations, or policies.3 For instance, a patient not prevention, legal aid professionals typically
might not have enough food, which is frequently “treat” legal crises, such as evictions or domestic
seen as a “social” need. But when a patient is violence. Unless the legal need is acute—such
wrongly denied Supplemental Nutrition Assis- as an eviction notice requiring a court appear-
tance Program (SNAP) benefits—formerly ance—most at-risk individuals might not know
known as food stamps—what was a social need when their social problems actually have legal
becomes a legal need, because access to the ben- solutions. And even if at-risk individuals realize
efit is prescribed by law. the legal nature of their problems, they then
In the United States, civil legal aid is provided must struggle to find legal assistance.
to low-income people by a range of agencies Strategic Thinking When legal aid agencies
funded by federal and state governments. But join with health care providers to form medical-
these resources are chronically overwhelmed.4 legal partnerships, they can work together to
reorient the delivery of health care and legal
assistance to address legal needs before further
EXHIBIT 1
complications arise for patients. For example, a
Legal Needs That Affect Health job loss or extended unemployment could trig-
ger a cascade of crises, from homelessness to
Legal need Examples of legal needs that affect health
domestic violence. Mold growth in the home,
Income/insurance Insurance access and benefits
left unaddressed, could cause a hospitalization
Food stamps
Disability benefits
for asthma.6
Social Security benefits Medical-legal partnership practices use the as-
Housing Shelter access sessment tool I-HELP (Income, Housing, Educa-
Access to housing subsidies (such as Section 8 program) tion/Employment, Legal Status, and Personal
Sanitary housing conditions (such as mold or lead) and Family Stability and Safety) to identify pa-
Foreclosure prevention tient problems that are responsive to legal inter-
Americans with Disabilities Act compliance vention (Exhibit 1). For instance, a health care
Utility access
provider might screen for housing issues by ask-
Education/employment Americans with Disabilities Act compliance ing: “Do you ever see mice or cockroaches in your
Discrimination
home?” An affirmative answer signals a violation
Individuals with Disabilities in Education Act compliance
of a housing code. Alternatively, a health care
Legal status Immigration (asylum, Violence Against Women Act)
Criminal record issues provider might ask an employment question,
Personal/family stability Guardianship, custody, and divorce
such as: “Does your employer ever give you trou-
Domestic violence ble because of your diabetes?” By law, employers
Child and elder abuse and neglect must offer some reasonable accommodations for
Capacity/competency employees who have chronic diseases.
Advance directives
Powers of attorney
Estate planning
The Model
The concept of medical-legal partnership was
Source Adapted from Kenyon C, Sandel M, Silverstein M, Shakir A, Zuckerman B. Revisiting the
formally developed in the Department of Pediat-
social history for child health. Pediatrics. 2007;120:e734–38. These authors adapted the I-HELP rics at Boston Medical Center and the Boston
assessment tool. University School of Medicine in 1993. Medi-
216
focused on the revenue recovered for health care tient population served by Boston Medical Cen-
institutions through basic legal advocacy. These ter’s Geriatrics Department.
interventions include securing health insurance The expansion had two goals: to engage front-
coverage for patients through a disability claim line health care providers and to establish direct
Health Care Sites In
and appealing claims for health care previously service and training targets for deploying re-
2010
denied by insurers. Studies at three medical-legal sources efficiently. The partnership and the Geri-
In 2010, medical-legal
partnerships served 100 partnership sites have demonstrated that this atrics Department also developed a provider sur-
hospitals and 116 sort of cost recovery more than covers the ex- vey to assess providers’ knowledge, attitudes,
community health centers pense of program implementation, even when and behavior regarding patients’ legal needs.
in a range of specialties.
cases that have the potential to generate income As an early step in the expansion, the partner-
constitute only a small fraction of all cases ship surveyed twenty-one providers, asking fifty-
handled.14–16 two questions covering ten domains related to
Because medical-legal partnerships generally legal needs. The domains included housing, util-
include lawyers employed by legal aid agencies, ities, immigration, and income support. Health
the desire of health care institutions to recover insurance, estate planning, safety, education,
money does not take precedence over other and employment were also subjects of the survey.
pressing legal needs. The separation of legal Each item allowed responses along a five-point
aid agency and health care institution avoids Likert scale—strongly disagree, somewhat dis-
potential conflict in the allocation of legal re- agree, neutral, somewhat agree, and strongly
sources or prioritization of particular legal needs agree.23
of patient-clients over others. Of the twenty-one providers, almost all some-
Medical-legal partnerships have benefited what or strongly agreed that at least half of their
greatly from the visible support of leading organ- patients were affected by issues related to capac-
izations in law and medicine, including the ity and competency to make medical decisions.
American Bar Association17 and the American Close to two-thirds of providers surveyed some-
Academy of Pediatrics,18 which passed resolu- what or strongly agreed that at least half of their
tions in support of medical-legal partnerships patients were affected by issues of public bene-
in 2007 and 2008, respectively. fits, health insurance, housing, utilities, and es-
In June 2010, the American Medical Associa- tate planning. Half of the providers surveyed
tion passed a resolution that encourages physi- somewhat or strongly agreed that at least half
cians to develop medical-legal partnerships and of their patients were affected by employment
to help identify and resolve diverse legal issues and immigration problems.
that affect patients’ health and well-being.19 In The survey also asked if providers were com-
addition, the Agency for Healthcare Research fortable knowing when and how to contact legal
and Quality (AHRQ) has profiled the concept resources to address these problems. Despite the
of medical-legal partnership as an innovation, general perception that legal issues frequently
in both 2008 and 2010.20 Multiple research ef- affect their patients, fewer than 20 percent of the
forts studying how medical-legal partnerships respondents said that they knew how to refer to a
impact legal needs and health are ongoing.21 legal resource, thus underscoring the need for
EXHIBIT 2
Screening Of Children For Legal Needs In Well-Child Visits During A Forty-Week Period
Source Cincinnati Child Health-Law Partnership. Note Percentage of 1,657 well-child visits that included legal screening over a forty-
week period, with twenty-two participating physicians.
NOTES
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Morton S. Medical-legal partner- 8 Medical-Legal Partnership–Boston. Report.pdf
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Teitelbaum J, Repasch L, ton (MA): The Partnership; 2009 Center; [cited 2010 May 4]. Available
Rosenbaum S. Medical-legal part- Feb [cited 2010 May 4]. Available from: http://www.medical-legal
nerships: addressing the unmet legal from: http://www.medical-legal partnership.org/results/
needs of health center patients [In- partnership.org/sites/default/files/ professional-impact#Legal
ternet]. Washington (DC): Geiger page/Nutrition%20Support% 14 LegalHealth. Financial impact study
Gibson/RCHN Community Health 20Programs%20in%20the% of LegalHealth services to New York
Foundation Research Collaborative, 20Health%20Care%20Setting.pdf City hospitals [Internet]. New York
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client/mlpfinal%20may4-2.pdf 04/doctors_lawyers_team_up_to_ legal partnership as a component of
3 Washington State Supreme Court, hel_1.html a palliative care model. J Palliat Med.
Taskforce on Equal Civil Justice 10 Health and Disability Advocates. The 2010;13(1):15–8.
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7 The online Supplement can be ac- Apr 26]. Available from: http:// 19 American Medical Association. Re-
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ment link in the box to the right of sites/default/files/page/2009% A-10, medical-legal partnerships to