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2011

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Implementing American Health Care Reform: The Fiduciary Imperative, Dayna Bowen Matthew Jan 2011

Implementing American Health Care Reform: The Fiduciary Imperative, Dayna Bowen Matthew

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The success of health reform under the Patient Protection and Affordable Care Act of 2010 will depend upon the sustainability of a brand new and infrastructure of entities, relationships, and procedures. So far, neither jurists, legislators, policy-makers, providers, payers, nor patients have identified an organizing paradigm to implement or regulate this vast new infrastructure. Legal scholars have been curiously absent from this policy discussion, offering little if any insight into the role law plays beyond the familiar political debates about health reform. This article draws a legal chair to the table and takes a refined look at the legal basis …