TY - JOUR
T1 - The courts and health policy
T2 - Strengths and limitations
AU - Anderson, G. F.
PY - 1992
Y1 - 1992
N2 - In recent years the nation's courts have expanded their influence in health policy in four areas: reviewing insurers' coverage decisions, deciding the adequacy of Medicaid payment rates to hospitals and nursing homes, arbitrating hospital mergers, and assessing hospitals' tax-exempt status. The major problem with developing health policy through the courts is that the courts' focus will be the concerns of the individuals or groups involved in specific cases, not the broader implications and overall objectives of the health care system. As alternatives to litigation to resolve policy conflicts, scholars have suggested negotiation, binding arbitration, clarification of legislative language, administrative courts, contract revision, and general restructuring of the decision-making process.
AB - In recent years the nation's courts have expanded their influence in health policy in four areas: reviewing insurers' coverage decisions, deciding the adequacy of Medicaid payment rates to hospitals and nursing homes, arbitrating hospital mergers, and assessing hospitals' tax-exempt status. The major problem with developing health policy through the courts is that the courts' focus will be the concerns of the individuals or groups involved in specific cases, not the broader implications and overall objectives of the health care system. As alternatives to litigation to resolve policy conflicts, scholars have suggested negotiation, binding arbitration, clarification of legislative language, administrative courts, contract revision, and general restructuring of the decision-making process.
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U2 - 10.1377/hlthaff.11.4.95
DO - 10.1377/hlthaff.11.4.95
M3 - Comment/debate
C2 - 1483656
AN - SCOPUS:0027057313
VL - 11
SP - 95
EP - 110
JO - Health Affairs
JF - Health Affairs
SN - 0278-2715
IS - 4
ER -