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Journal Article
J Health Polit Policy Law (1998) 23 (4): 617–634.
Published: 01 August 1998
...Allen Buchanan Three ethical criticisms of managed care are often voiced: (1) by “skimming the cream” of the patient population, managed care organizations fail to discharge their obligations to improve access, or at least, to not worsen it; (2) managed care organizations engage in rationing...
Journal Article
J Health Polit Policy Law (1976) 1 (3): 338–354.
Published: 01 June 1976
... the prevailing market ethic of individual responsibility and minimal collective obligations to protect and preserve life is replaced with a new public health ethic rooted in social justice. This new ethic would assign the highest priority to life and would stress the obligations of all citizens to share...
Journal Article
J Health Polit Policy Law (2009) 34 (6): 1035–1077.
Published: 01 December 2009
... called “performance-based regulation” to combat the problem. Performance-based regulation would impose on manufacturers a legal obligation to reduce the negative social costs of their products. Rather than involving them in litigation or forcing them to operate differently (as “command-and-control...
Journal Article
J Health Polit Policy Law (2017) 42 (4): 579–605.
Published: 01 August 2017
... of concern for the greater good and fairness in allocating resources. Where tensions between values emerged, participants used different concepts—including accountability, transparency, trust, personal responsibility, and moral obligation—to navigate trade-offs. Fairly balancing the public's desire...
Journal Article
J Health Polit Policy Law (2018) 43 (6): 1025–1040.
Published: 01 December 2018
...Steven B. Spivack; Miriam J. Laugesen; Jonathan Oberlander Abstract Organized medicine long yearned for the demise of Medicare's Sustainable Growth Rate (SGR) formula for updating physician fees. Congress finally obliged in 2015, repealing the SGR as part of the Medicare Access and CHIP...
Journal Article
J Health Polit Policy Law (1998) 23 (4): 687–695.
Published: 01 August 1998
...Susan Dorr Goold In response to three articles on managed care by Allen Buchanan, David Mechanic, and Ezekiel Emanual and Lee Goldman (this issue), I discuss doctor-patient and organization-member trust and the moral obligations of those relationships. Trust in managed care organizations (providers...
Journal Article
J Health Polit Policy Law (2002) 27 (5): 731–772.
Published: 01 October 2002
... levels of public support for the notion of employer obligation involving medical care, long-term care, and the treatment of substance abuse. Our evidence suggests that lessons about the performance of institutions in each of these policy domains represent the most important effect of existing policy...
Journal Article
J Health Polit Policy Law (2006) 31 (3): 531–556.
Published: 01 June 2006
... antitrust enforcement should continue to scrutinize P4P arrangements. Second, government needs to play a larger role in P4P than through antitrust oversight. Third, widespread enthusiasm for a particular health policy reform does not relieve policy makers of the obligation to understand its theoretical...
Journal Article
J Health Polit Policy Law (2016) 41 (6): 1097–1118.
Published: 01 December 2016
... health departments, health systems will have greater responsibility for keeping their communities healthy along with obligations for individual patient care (i.e., individuals and populations). If so, courts will need to incorporate elements from health law and public health law in resolving disputes...
Journal Article
J Health Polit Policy Law (1989) 14 (1): 169–190.
Published: 01 February 1989
..., entitlement, and level of government. The paper concludes by predicting that as transplant procedures become less constrained by organ supply and more routinely performed, they will lose the privileged political position that they now enjoy and will instead be obliged to compete for scarce governmental...
Journal Article
J Health Polit Policy Law (1989) 14 (4): 741–771.
Published: 01 August 1989
.... The article argues that while once public health rights implied a vast reserve of community authority and obligation to prevent illness, today the rights of the public and those of individuals are seen as being in opposition. Public health jurisprudence now presupposes that illness is primarily a matter...
Journal Article
J Health Polit Policy Law (2001) 26 (4): 767–788.
Published: 01 August 2001
... the political and legal forces underlying the dispute and analyzes the Supreme Court's unanimous rejection of the notion of federally imposed duties for HMOs. In the absence of ERISA fiduciary obligations, attention must now shift to developments in state tort law, the scope of federal ERISA preemption...
Journal Article
J Health Polit Policy Law (1986) 11 (2): 285–294.
Published: 01 April 1986
...John M. Freeman Standard ethical approaches to decision-making which are based on rights, duties, obligations, beneficence, or best interests often seem inadequate or insufficient when applied to the individual infant, as in the case of Baby Jane Doe. A process approach which takes account of moral...
Journal Article
J Health Polit Policy Law (2012) 37 (6): 1031–1048.
Published: 01 December 2012
..., reflected in a new treaty obligation on animal welfare. Following the bovine spongiform encephalopathy crisis, moves were made to create a European competency, but implementation and enforcement resources reside with the member states. The European Animal Health Strategy is meant to lead to an EU animal...
Journal Article
J Health Polit Policy Law (2014) 39 (2): 441–465.
Published: 01 April 2014
... administrative procedures, including notice and comment, immediate review in the courts, and White House oversight. This article explores two questions. First, is the state-by-state approach a lawful exercise of HHS's authority? Second, did HHS in fact evade the procedural obligations that are meant to shape...
Journal Article
J Health Polit Policy Law (1984) 9 (2): 223–236.
Published: 01 April 1984
... and financial sanctions imposed by California to hold counties to their obligations to provide indigent health care. An inventory of the laws' implementation in all California counties found noncompliance by some counties, although all counties complied after a state Health Services Department unit...
Journal Article
J Health Polit Policy Law (2010) 35 (6): 1027–1055.
Published: 01 December 2010
.... legal obligations to other nations, as embodied in international agreements and treaties. We find that if the political will exists to change the domestic disease surveillance and reporting system, the federal government has the power to act. Questions remain, however, about whether the public health...
Journal Article
J Health Polit Policy Law (2011) 36 (5): 815–827.
Published: 01 October 2011
...Brendan Saloner; Norman Daniels In this essay we argue that the concept of affordable health insurance is rooted in a social obligation to protect fair equality of opportunity. Specifically, health insurance plays a limited but significant role in protecting opportunity in two ways: it helps keep...
Journal Article
J Health Polit Policy Law (1985) 10 (3): 469–487.
Published: 01 June 1985
... in Europe and then outline the main intellectual issues that need to be explored and resolved. That sounds a bit pompous but, if one is to avoid an intellectual morass consisting of the various assertions about needs, obligations, and so on that emanate from rival concerned parties and various professional...
Journal Article
J Health Polit Policy Law (1985) 10 (3): 579–599.
Published: 01 June 1985
...Lawrence D. Brown For two decades administrators of Medicare have tried to reconcile the competing goals adopted by the program's political creators–meeting obligations to the beneficiaries of a social insurance system, maintaining peace with and the participation of providers, and protecting...