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You are here > Home > Reading Lists > Healthcare Policy & Politics > The Privatization of Health Care Reform: Legal and Regulatory Perspectives

The Privatization of Health Care Reform: Legal and Regulatory Perspectives
M. Gregg Bloche (Editor)

Hardcover: 248 pages
ISBN 019510868X
9780195108682
Oxford University Press, USA
October 2002
Price $45.00

 

Markets, not politics, are driving health care reform in America today. Inventive entrepreneurs have transformed medicine over the past ten years, and no end to this period of rapid change is in sight. Consumer anxieties over managed care are mounting, and medical costs are again soaring. Meanwhile, the federal government remains mostly on the health policy sidelines.

This book addresses the changes that the market has wrought - and the challenges this transformation poses for courts and regulators. The law that governs the medical marketplace is an incomplete, overlapping patchwork, conceived mainly without medical care specifically in mind. The ensuing confusion and incoherence are a central theme of this book. Fragmentation of health care lawmaking has foreclosed coordinated, system-wide policy responses, and lack of national consensus on many of the central questions in health care policy has translated into legal contradiction and bitter controversy.

Written by leading commentators on American health law and policy, this book examines the widely-perceived failings of managed care and the law's relationship to them. Some of the contributors treat law as a cause of trouble; others emphasize the law's potential and limits as a corrective tool when the market disappoints. Acknowledging the health sphere's complexities, the authors seek remedies that fit this country's legal, political, and cultural constraints and can contribute to reasoned regulatory governance. Within limits they believe a measure of rationality is possible. The topics covered in this book include:

  • American Health Care and the Law
  • One Step Ahead of the Law: Market Pressures and the Evolution of Managed Care
  • Federalism and the Future of Health Care Reform
  • The Management of Conflict Over Health Insurance Coverage
  • Financial Incentives as a Cost-Control Mechanism in Managed Care
  • Medical Antitrust Reform: Arrow, Coase, and the Changing Structure of the Firm
  • Why Do Public Teaching Hospitals Privatize?
  • Should the Law Prefer Nonprofits?

The first two chapters present contrasting overviews of how the doctrines and decision-makers that constitute health law work together, for better or worse, to constrain the medical marketplace. The next six chapters address particular market developments and regulatory dilemmas. These include the power of state versus federal government in the health sphere, conflict between insurers and patients and providers over medical need, financial rewards to physicians for frugal practice, the role of antitrust law in the organization of health care provision and financing, the future of public hospitals, and the place of investor-owned versus non-profit institutions.

"Professor Bloche, whose work has been widely recognized, has assembled important analyses that will be useful to both students and teachers of health care policy. This book covers many matters, from the laws that enabled the sea change to occur to the way in which the new system has been able to avoid regulation as successfully as its predecessor did." --New England Journal of Medicine

If you are interested in policy or books about health care reform, please see our up-to-date collection here: Politics, Policy & Reform.

(information provided by the publisher)

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