Medical rationing and the allocation of adjudicatory responsibility under comprehensive health care reform in the 103rd Congress: an administrative lawyer's postmortem

Article Abstract:

The debate over health care reform in the 103rd Congress included some recognition of the role of administrative agencies, but contained fundamental flaws in addressing these agencies. A federal benefits package would have been created under the Clinton proposal, but Congress sought to deny the creation of a federal agency to determine these benefits, as well as relevant compliance issues. This lack of a federal agency would have placed the burden of deciding benefits on the federal courts, probably to no one's satisfaction.

National health insurance

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Behind the veil where the action is: private policy making and American health care

Article Abstract:

Health care consumers are chiefly concerned with the coverage of services and quality of care, not with access to information, utilization review, or mandated grievance procedures. Consumers can thus best be protected through sound publicized policies that set the content and quality of health care services in health care plans. Private processes for coverage and care should therefore receive emphasis. Many phenomena mark the importance of private processes to the health of Americans.

United States, Planning, Evaluation, Medical policy, Health policy

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Rule and policy making under health care reform

Article Abstract:

Any reform of the health care system will necessarily involve administrative agencies at the state and federal levels, and it is important that these agencies seek public input in addressing health care reform management. Public input would lessen the chances of legal challenges to the ultimate plan by industry and individuals. The processes and rules of administrative regulation-making are discussed as they would affect health care reform.

Prevention, Administrative procedure, Judicial review of administrative acts

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