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Articles 1 - 11 of 11
Full-Text Articles in Law
Health Security Act: Coercion And Distrust For The Market , H. Richard Beresford
Health Security Act: Coercion And Distrust For The Market , H. Richard Beresford
Cornell Law Review
No abstract provided.
Managed Competition Integrated Delivery Systems And Antitrust , Thomas L. Greaney
Managed Competition Integrated Delivery Systems And Antitrust , Thomas L. Greaney
Cornell Law Review
No abstract provided.
Health Care Reform And Competing Visions Of Medical Care: Antitrust And State Provider Cooperation Legislation , James F. Blumstein
Health Care Reform And Competing Visions Of Medical Care: Antitrust And State Provider Cooperation Legislation , James F. Blumstein
Cornell Law Review
No abstract provided.
Federal Mandates In The Health Care Context, Kerry Hughes
Federal Mandates In The Health Care Context, Kerry Hughes
University of Miami Business Law Review
No abstract provided.
Universal Health Care And The Continued Reliance On Custom In Determining Medical Malpractice, James A. Henderson Jr., John A. Siliciano
Universal Health Care And The Continued Reliance On Custom In Determining Medical Malpractice, James A. Henderson Jr., John A. Siliciano
Cornell Law Faculty Publications
No abstract provided.
Three Visions Of Managed Competition, 1920-1950, Rudolph J.R. Peritz
Three Visions Of Managed Competition, 1920-1950, Rudolph J.R. Peritz
Articles & Chapters
No abstract provided.
Constitutional Impediments To National Health Reform: Tenth Amendment And Spending Power Hurdles, S. Candice Hoke
Constitutional Impediments To National Health Reform: Tenth Amendment And Spending Power Hurdles, S. Candice Hoke
Law Faculty Articles and Essays
This Article proceeds in four Parts. The first briefly summarizes the approach of each of the pending health reform bills and distills those portions relevant to current Tenth Amendment and Spending Clause analysis. Provisions that would impose on States the financial and administrative responsibility for achieving Federal regulatory objectives or that specify punitive measures to be taken against States choosing not to participate in the cooperative program are critical features for the inquiry. Employing these criteria, the first Part identifies seven distinct and largely novel models of problematic regulatory instructions that warrant more probative analysis.The second Part briefly outlines the …
Managed Competition, Integrated Delivery Systems And Antitrust, Thomas L. Greaney
Managed Competition, Integrated Delivery Systems And Antitrust, Thomas L. Greaney
All Faculty Scholarship
A central question confronting proponents of managed competition during the health reform debate in 1994 was whether competitive networks or integrated delivery systems would emerge. Under reformers’ vision, controlling costs depended on the emergence of a sufficient number of efficient and viable integrated delivery systems. Conversely, if one or a few integrated networks dominate the market for physician or hospital services, rivalry on the main issues of health care cost control would likely dissipate. This article argues that vigilant and sensible antitrust enforcement was also a prerequisite for the success of the managed competition model. Despite the considerable emphasis on …
Securing Health Or Just Health Care? The Effect Of The Health Care System On The Health Of America, Lawrence O. Gostin
Securing Health Or Just Health Care? The Effect Of The Health Care System On The Health Of America, Lawrence O. Gostin
Georgetown Law Faculty Publications and Other Works
The author first analyzes why the prevention of illness and promotion of health provide the leading justification for the government to act for the welfare of the population. His analysis focuses principally on the foundational importance of health for human happiness, the exercise of rights and privileges, and the formation of family and social relationships. He explains why health care, although critically important; is not the only, nor even the most important, determinant of health. Most morbidity and mortality in the United States is attributable to environmental conditions, pathogens, and human behavior, which are all more responsive to population-based interventions …
Outcomes Assessment In Health Care Reform: Promise And Limitations, Wendy K. Mariner
Outcomes Assessment In Health Care Reform: Promise And Limitations, Wendy K. Mariner
Faculty Scholarship
If the fundamental goals of the health care reform effort are to ensure universal access to an acceptable quality of health care at an affordable cost, then the threshold question for reform is: What health care services should be provided in an efficient, equitable system?
Answering this question requires weighing a complex mix of medical and social policy factors, a process not attempted in this article. But the starting point for that process should be determining what health care services “work” and what they cost. Outcomes assessment holds considerable promise in finding answers to these subsidiary questions, because it is …
Federalism And Health Care Reform: Is Half A Loaf Really Worse Than None?, Richard Briffault
Federalism And Health Care Reform: Is Half A Loaf Really Worse Than None?, Richard Briffault
Faculty Scholarship
Health care reform dominates the domestic agenda of the Clinton Administration. Policy analysts, media pundits, and ordinary citizens are abuzz with the once-arcane terminology of health reform – "managed competition," "single-payer," "regional alliances," "global budgets" – as they ponder the merits and demerits of the leading reform alternatives. At the center of the public debate are questions concerning the role of government in constraining health care costs, maintaining quality, and widening access. But in our federal system there are two governments that can address most domestic problems – the national government and the states – and, although considerable ink has …