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Published: 01 August 2023
Figure 5 Antiabortion rulings by judge selection methods. More
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Published: 01 August 2023
Figure 6 Predicted probabilities of antiabortion ruling by policy liberalism and judge selection methods. More
Journal Article
J Health Polit Policy Law (2001) 26 (2): 249–266.
Published: 01 April 2001
...Cynthia D. Mulrow; Kathleen N. Lohr When judging the benefits and harms of health care and predicting patient prognosis, clinicians, researchers, and others must consider many types of evidence. Medical research evidence is part of the required knowledge base,and practitioners of evidence-based...
Journal Article
J Health Polit Policy Law (2013) 38 (2): 225–241.
Published: 01 April 2013
...Charles Fried At first, few constitutional experts took seriously the argument that the Patient Protection and Affordable Care Act exceeded Congress's power under the commerce clause. The highly political opinions of two federal district judges — carefully chosen by challenging plaintiffs...
Journal Article
J Health Polit Policy Law (2020) 45 (3): 419–437.
Published: 01 June 2020
... of the False Claims Act as a tool for reducing overuse. Methods: The author reviewed (1) recent cases where litigants sparred over the applicability of the False Claims Act to overtreatment, and (2) criticisms of the expanding use of the False Claims Act in health care. Findings: Some judges have dismissed...
FIGURES
Journal Article
J Health Polit Policy Law (1997) 22 (6): 1329–1357.
Published: 01 December 1997
... to judge cost savings. Home and community-based services appeared to save substantial amounts on costs of nursing home care. Estimates of savings were very robust and did not appear to be declining as the program matured. Savings probably came from several sources: the assessment teams that judged client...
Journal Article
J Health Polit Policy Law (1980) 4 (4): 675–690.
Published: 01 August 1980
... of their susceptibility to antitrust remedy: the denial of admitting privileges, third-party reimbursement, and physician backup to nonphysician practitioners. The article concludes with some caveats and admonitions to judges presiding over any cases which arise in this area. Copyright © 1980 by the Department...
Journal Article
J Health Polit Policy Law (1980) 5 (2): 250–276.
Published: 01 April 1980
... of patients. These acts fail to take into account that (1) a small but significant fraction of patients judged terminal by their attending physicians survive for a much longer time than predicted and even recover, (2) in many cases, “extraordinary therapy” will restore critically ill or even unconscious...
Journal Article
J Health Polit Policy Law (1982) 7 (3): 686–706.
Published: 01 June 1982
... conditions. HMOs would prosper; (3) that HMO successes would force FFS insurers and providers to become more efficient; and (4) that creating the competitive conditions would be politically feasible. Reasons for doubting the latter three propositions are plentiful, and the strategy is therefore judged...
Journal Article
J Health Polit Policy Law (2010) 35 (6): 961–997.
Published: 01 December 2010
... cognitive abilities, to choose the best plan for themselves. This article proposes an alternative to the current system, where government acts as a broker to winnow the number of choices so that beneficiaries face a small subset of those judged to be best on several dimensions. The study is based on three...
Journal Article
J Health Polit Policy Law (2013) 38 (2): 243–253.
Published: 01 April 2013
... Article 3 judges would approach the case? This essay identifies three distinct but complementary factors that might help explain the observed failure. First, instead of conducting a neutral assessment of the actual probabilities, law professors engaged in motivated reasoning, based on their preexisting...
Journal Article
J Health Polit Policy Law (1978) 3 (3): 375–387.
Published: 01 June 1978
... challenges to the conduct of such experiments in California, New York, and Georgia. The rulings on the California and New York cases were in favor of continuing the experiments on the grounds that the Secretary of Health, Education, and Welfare had judged the projects to be helpful in promoting...
Journal Article
J Health Polit Policy Law (2015) 40 (2): 373–393.
Published: 01 April 2015
...Robert Gajarski; Diana M. Bowman Abstract In an unprecedented legal ruling in June 2013, a US federal district court judge decided that the existing policy for donor lung allocation be vacated to save the life of a ten-year-old girl dying from cystic fibrosis. This case has fueled much controversy...
Journal Article
J Health Polit Policy Law (1976) 1 (3): 295–318.
Published: 01 June 1976
... to create State Health plans, plans for construction, modernization or conversion of health facilities and criteria for judging the appropriateness of health services offered in the local areas and in each state. The act seems to create a mechanism whereby the health industry could be quickly converted...
Journal Article
J Health Polit Policy Law (1988) 13 (4): 705–721.
Published: 01 August 1988
... and judges to deal effectively with child witnesseswould be less costly and less controversial to implement than closed-circuit or videotaped testimony, new hearsay exceptions, and other more extensive proposals for change. Copyright © 1988 by Duke University Press 1988 References Adams-Tucker...
Journal Article
J Health Polit Policy Law (1993) 18 (4): 881–904.
Published: 01 August 1993
..., still considerable confusion over what lay participation really means. In addition, little consideration has been given to whether and how lay participation can lead to better decision making and the criteria by which it should be judged. This article presents a framework based on decision-making...
Journal Article
J Health Polit Policy Law (2006) 31 (3): 497–510.
Published: 01 June 2006
... to judges and juries holding views of hospital markets as being different from markets for other goods and services. My conclusion is that hospitals are an industry with unique attributes, but nothing about the specifics of the health care industry suggests that the unregulated use of market power...
Journal Article
J Health Polit Policy Law (2009) 34 (4): 509–530.
Published: 01 August 2009
..., which is necessarily true with respect to choice of insurer, but choice of provider can be, and increasingly is, a feature of centrally tax-financed health care systems. No model of health care funding is perfect; trade-offs are inevitable. Whether the merits of the single-payer model are judged...
Journal Article
J Health Polit Policy Law (2008) 33 (4): 761–798.
Published: 01 August 2008
...E. Donald Elliott; Sanjay A. Narayan; Moneen S. Nasmith Our article analyzes whether the federal government may constitutionally supplant a traditional system of common-law trials before state judges and juries with new federal institutions designed by statute for compensating victims of medical...
Journal Article
J Health Polit Policy Law (1991) 16 (1): 67–85.
Published: 01 February 1991
... procedures. A relatively recent phenomenon, the practice guidelines now emerging will have implications for malpractice, which also intends to bring about better care. They will probably not revolutionize the procedures that courts use to determine negligence, but judges will integrate guidelines...