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Full-Text Articles in Law

The Problem With Value-Based Purchasing, Craig B. Garner Oct 2014

The Problem With Value-Based Purchasing, Craig B. Garner

Craig B. Garner

From its inception on October 1, 2012, the Hospital Value-Based Purchasing (“VBP”) Program shifted Medicare’s paradigm to emphasize performance over costs in determining hospital reimbursement. Reducing the overall Medicare reimbursement to hospitals by an estimated $1.4 billion for Fiscal Year (“FY”) 2015, the VBP Program was quick to secure the attention of the nation’s health care providers. Technically “budget neutral,” the VBP Program will return this same $1.4 billion to hospitals the following year in the form of performance incentives. As the Federal Government waits to assess the accuracy of its prediction, the FY 2015 reduction of 1.50% will finally …


Just As Fragile As A Patient, Craig B. Garner Oct 2014

Just As Fragile As A Patient, Craig B. Garner

Craig B. Garner

The American hospital has evolved greatly over the past 100 years, from the almshouse once visited mainly by the desolate and poor as a last resort to that enigmatic, cutting edge institution which today forms the foundation of modern American health care. Advances in technology and medical science have transformed what were once terminal illnesses into minor health inconveniences, with the real battles against serious health threats typically occurring inside the four walls of a patient’s local hospital.


Medicare: The Perpetual Balance Between Performance And Preservation, Craig B. Garner Aug 2014

Medicare: The Perpetual Balance Between Performance And Preservation, Craig B. Garner

Craig B. Garner

Passed by Congress and signed by President Lyndon Johnson into law in 1965, Medicare has weathered storms from all directions, growing to be the preeminent standard for health insurance in the United States. The idea of losing Medicare as a vital public benefit still remains the single greatest fear with which each passing generation of Americans must contend, and yet, these challenges over the past fifty years, designed to fortify Medicare’s foundation and ensure its longevity, continue to take a toll on the program. The most recent climate of reform includes changes implemented by the Patient Protection and Affordable Care …


The Evolving Relationships Between Hospital, Physician And Patient In Modern American Healthcare, Craig B. Garner, David Mccabe Nov 2012

The Evolving Relationships Between Hospital, Physician And Patient In Modern American Healthcare, Craig B. Garner, David Mccabe

Craig B. Garner

This article investigates the ways in which the relationships between patient, provider and hospital have evolved in the past fifty years, while paying special attention to the influence of modern health care reform on all parties involved. Using Medicare as the primary standard, the nation’s health care system is examined both historically and in light of recent changes that seek to transition its structure from one that is cost based to an approach that emphasizes performance. It is only through understanding the roots of our health care program that we can make informed decisions designed to improve its future impact …


California’S Vanishing Community Hospital: An Endangered Institution, Craig B. Garner Dec 2011

California’S Vanishing Community Hospital: An Endangered Institution, Craig B. Garner

Craig B. Garner

Across the nation, America’s community hospitals are under siege. Once considered indispensable to our health care system, the twenty-first century finds the local hospital fighting an uphill battle against a convergence of factors that favors the sharing of resources by multiple facilities. Rising health care expenses, challenging regulatory hurdles, and a reimbursement structure in the midst of transition all bear some responsibility for the obstacles faced by today’s community hospital. Nowhere is this phenomenon more pronounced than in California, where regular hospital closings amid an ever-growing population stand as incentive for remaining hospitals to team up (or remain teamed up) …