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Journal Article
Practice Guidelines and Tort Reform: The Legal System Confronts the Technocratic Wish
Available to Purchase
J Health Polit Policy Law (1999) 24 (2): 275–304.
Published: 01 April 1999
... characterized as a faith in the technocratic wish. In the 1990s, this faith in objective decision procedures has manifested itself through the emergence of outcomes assessment and the development of practice guidelines. Notably, a few states have sought to couple the practice guidelines movement with tort...
Journal Article
Medical Practice Guidelines in Malpractice Litigation: An Early Retrospective
Available to Purchase
J Health Polit Policy Law (1996) 21 (2): 289–313.
Published: 01 April 1996
...Andrew L. Hyams; David W. Shapiro; Troyen A. Brennan The role of practice guidelines in malpractice litigation has been discussed in some theoretical detail. Little information is available, however, on how courts use guidelines or on the effort of state legislatures to explicitly link guideline...
Journal Article
Evidence-Based Medicine and the Law: The Courts Confront Clinical Practice Guidelines
Available to Purchase
J Health Polit Policy Law (2001) 26 (2): 327–368.
Published: 01 April 2001
...Arnold J. Rosoff This article examines how courts are likely to apply evidence-based medicine, and particularly clinical practice guidelines (CPGs), in healthcare litigation involving quality-of-care and entitlement-to-benefits (coverage)claims. Exploring the “politics” of the current situation...
Journal Article
Practice Guidelines and Malpractice Litigation: Collision or Cohesion?
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J Health Polit Policy Law (1991) 16 (1): 67–85.
Published: 01 February 1991
...Troyen A. Brennan Practice guidelines are standardized specifications for managing particular clinical problems and are intended to improve the outcomes of medical care by increasing adherence to standards of care. They are also meant to make medicine more cost-effective by eliminating unnecessary...
Journal Article
How Will We Use Clinical Guidelines? The Experience of Medicare Carriers
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J Health Polit Policy Law (1994) 19 (1): 7–26.
Published: 01 February 1994
...Colleen M. Grogan; Roger D. Feldman; John A. Nyman; Janet Shapiro While support for the development of clinical guidelines is widespread, there is little agreement about how they should be used. Because cost control is the force behind the medical effectiveness movement, the payers' preference...
Journal Article
Federal Antitrust Merger Enforcement Standards: A Good Fit for the Hospital Industry?
Available to Purchase
J Health Polit Policy Law (1995) 20 (1): 137–169.
Published: 01 February 1995
...Gloria J. Bazzoli; David Marx, Jr.; Richard J. Arnould; Larry M. Manheim We examine the implications of the 1992 Horizontal Merger Guidelines for the hospital industry and subsequent policy statements that were developed for health care providers. Application of antitrust policy to hospitals has...
Journal Article
The Impact of State Community Benefit Laws on the Community Health Orientation and Health Promotion Services of Hospitals
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J Health Polit Policy Law (2006) 31 (2): 321–344.
Published: 01 April 2006
...Gregory O. Ginn; Charles B. Moseley This study examined the effect of state community benefit laws and guidelines on the community health orientation and the provision of hospital-based health promotion services in hospitals. The sample included all not-for-profit and investor-owned acute-care...
Journal Article
Proof and Policy from Medical Research Evidence
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J Health Polit Policy Law (2001) 26 (2): 249–266.
Published: 01 April 2001
.... Recommendations based on sound research can then be brought forward as either guidelines or standards, and criteria exist by which valid guidelines and standards can be developed and promulgated. Nonetheless, gaps and deficiencies exist in current guidelines and in the methods for finding and synthesizing...
Journal Article
Legislating Weight Loss: Are Antiobesity Public Health Policies Making an Impact?
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J Health Polit Policy Law (2016) 41 (3): 453–461.
Published: 01 June 2016
... nutritional targets are missed. Various iterations of school-based nutrition programs have proven to be ineffective and wasteful, yet policy leaders continue to consume tax dollars with their implementation. Although strict guidelines for evaluating scientific evidence were historically used to ensure...
Journal Article
Protecting Patient Welfare in Managed Care: Six Safeguards
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J Health Polit Policy Law (1998) 23 (4): 635–659.
Published: 01 August 1998
... strategies on influencing physician decision making through financial incentives and guidelines. These two techniques have had some important contributions, especially in enhancing efficiency and standardizing care to a high level. Nevertheless, they pose a threat—and are perceived by the public to pose...
Journal Article
Hospital Rate Regulation: American and Foreign Comparisons
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J Health Polit Policy Law (1984) 8 (4): 702–731.
Published: 01 August 1984
... and contentious, they often seek automatic formulae that will produce equitable results by rational calculation. In contrast, rate regulation in Europe is a method of refereeing between hospitals and alert third parties. Hospitals' prospective budgets are always scrutinized by regulators. Guidelines...
Journal Article
Rural Hospital Mergers, Antitrust Policy, and the Ukiah Case
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J Health Polit Policy Law (1998) 23 (6): 949–973.
Published: 01 December 1998
... these hospitals financially sound and accessible. The Ukiah case suggests the desirability of the merger guidelines that permit most mergers of small rural hospitals. Copyright © 1998 by Duke University Press 1998 References Allen , Robin . 1992 . Policy Implications of Recent Hospital Competition...
Journal Article
Differential Effectiveness in Patient Protection Laws: What Are the Causes? An Example from the Drive-Through Delivery Laws
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J Health Polit Policy Law (2006) 31 (6): 1107–1127.
Published: 01 December 2006
... directly empowering patients appeared more effective than laws requiring providers to follow practice guidelines. In addition, the effectiveness of regulation could potentially be influenced by state environment, such as managed care penetration as well as exposure to media attention and public pressure...
Journal Article
HIV Testing, Human Rights, and Global AIDS Policy: Exceptionalism and Its Discontents
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J Health Polit Policy Law (2009) 34 (3): 301–323.
Published: 01 June 2009
...Ronald Bayer; Claire Edington Two years ago, in May 2007, UNAIDS and WHO issued new guidelines on HIV testing. Prepared to meet the demands of the AIDS pandemic and the prospects of extending the benefits of antiretroviral therapy to regions where such treatment had been all but out of reach...
Journal Article
Government's Role in Organ Transplantation Policy
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J Health Polit Policy Law (1989) 14 (1): 5–39.
Published: 01 February 1989
... UNOS guidelines and state laws under the Uniform Anatomical Gift Act, and about the ideological stance undergirding much of current federal policy in the organ transplantation arena. Copyright © 1989 by Duke University Press 1989 References Andrews , Lori B. 1986 . My Body, My Property...
Journal Article
Racial Meanings and Scientific Methods: Changing Policies for NIH-Sponsored Publications Reporting Human Variation
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J Health Polit Policy Law (2003) 28 (6): 1033–1088.
Published: 01 December 2003
... genetics is not due to scientific discoveries about population differences per se, but follows from how the United States and other governments have organized racial categories. This article explains tensions in U.S. government guidelines and publications on the study of human genetic diversity, points out...
Journal Article
Malpractice Reform in the 1990s: Past Disappointments, Future Success?
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J Health Polit Policy Law (1995) 20 (1): 99–135.
Published: 01 February 1995
... to reduce claim frequency and severity and thereby improve the malpractice system primarily from the perspective of providers and insurers. Scholars and interested constituencies developed second-generation reforms, such as use of medical practice guidelines to set the standard of care, various no-fault...
Journal Article
Home Blood Transfusions: The Medical, Economic, and Legal Issues Surrounding a New Treatment Procedure
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J Health Polit Policy Law (1988) 13 (3): 565–579.
Published: 01 June 1988
... in increasing numbers to stable patients in their homes. This paper examines the medical aspects, the economic issues, and the legal implications of such transfusions. Candidates for home transfusion must be carefully chosen primarily according to the medical guidelines for such treatment. Any legal issues must...
Journal Article
The Politics and Strategy of Industry Self-Regulation: The Pharmaceutical Industry's Principles for Ethical Direct-to-Consumer Advertising as a Deceptive Blocking Strategy
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J Health Polit Policy Law (2013) 38 (3): 505–544.
Published: 01 June 2013
.... Noncompliance resulted in children being exposed to sexually themed promotional messages more than 100 billion times. We argue that the guidelines are a coordinated effort by the industry to prevent unwanted federal regulation, and we introduce the concept of a blocking strategy to explain company behavior...
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Journal Article
Public Health in a Transnational Context: Explaining Europe's Role
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J Health Polit Policy Law (2012) 37 (6): 1111–1120.
Published: 01 December 2012
... sphere and the influence of law, economic interests, and international guidelines in making public health policy. It concludes by asking, with a comparative look at the United States, whether a European convergence on measures to control communicable disease is desirable. © 2012 by Duke University...
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