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book: Protecting American Health Care Consumers
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Protecting American Health Care Consumers

  • Eleanor DeArman Kinney
Language: English
Published/Copyright: 2002
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About this book

A contribution to health care studies and administrative law which offers a humane and practical alternative to the current process of reviewing consumer health care complaints.

Author / Editor information

Eleanor DeArman Kinney is Samuel R. Rosen Professor of Law at Indiana University and Co-director of the Center for Law and Health at the Indiana University School of Law. She is a former Assistant General Counsel for the American Hospital Association and program analyst for the Department of Health and Human Services in Washington, D.C.

Reviews

“This book makes an important contribution to a new and deeper understanding of health care policy procedures. With her sound and thorough grounding in administrative law, Kinney helps us to understand these processes in original and important ways.”—Timothy S. Jost, Washington and Lee University School of Law

“This first-rate study should interest everyone concerned with health-care law and policy. Kinney provides a rich description of individuals’ complaints about health care, the law governing such complaints, the structure of health insurance, and the process of health care policymaking. She argues compellingly for more public and responsive procedures for handling consumer complaints. This major book illuminates a leading topic of our time.”—Thomas O. Sargentich, American University, Washington College of Law

Topics

  • Publicly Available

    Frontmatter

    i
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  • Publicly Available

    Contents

    vii
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  • Publicly Available

    Acknowledgments

    ix
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  • 1 : Introduction
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    The Theoretical Context for Procedural Protections

    3
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    The Scope of the Book

    6
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  • 2 : The Patient Protection Debate
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    Private Reform Proposals

    12
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    Government Initiatives

    13
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    Making Sense of the Debate

    19
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  • 3 : Health Insurance Coverage in the United States
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    Historical Development of the American Health Insurance System

    23
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    The Universe of Private Health Insurance Coverage

    30
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    The Universe of Public Health Insurance Programs

    35
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    The Problem of the Uninsured

    40
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  • 4 : Relevant Law and Theory
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    Regulatory Law

    42
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    Corporate and Tax Law

    45
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    Administrative Law

    47
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    Contract Law

    53
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    Tort Law

    61
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  • 5 : The Universe of Consumer Concerns about Health Care
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    A Typology of Consumer Concerns

    67
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    Tapping and Resolving Consumer Concerns about Health Care

    78
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    Institutional Mechanisms for Tapping Consumer Concerns

    81
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  • 6 : The Universe of Medical Standards and Other Policies Regarding Health Care
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    The Health-Care Quality Revolution and Medical Standardsetting

    85
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    Organizations That Make Health-Care Policies

    93
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    A Taxonomy of Health- Care Policies

    100
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  • 7 : Processes for Making Policies Regarding Health Care
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    Processes for Making Policies Regarding the Content and Quality of Health Care

    109
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    Policymaking Regarding Access to Health-Care Services

    113
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    Policymaking Regarding the Cost of Health-Care Services

    120
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    Policymaking and Dissemination: The Example of Diabetes

    123
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  • 8 : Regimes for Tapping and Resolving Consumer Concerns about Health Care
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    Extralegal Institutions for Tapping and Resolving Consumer Concerns

    128
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    Internal, External, and Administrative Review

    131
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    Judicial Review

    139
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    Tort Causes of Action

    143
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    Contract Causes of Action

    147
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    Statutory Causes of Actions

    147
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  • 9 : Principles of Sound Procedural Protections
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    Principles of Sound Policymaking Procedures

    150
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    Principles for Better Ways to Tap and Resolve Consumer Concerns about Health Care

    158
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    A Call for Better Empirical Information about Consumer Concerns

    173
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  • 10 : A Vision of Reform
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    More Definite Allocation of Regulatory Responsibility

    175
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    Policymaking Reforms

    177
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    Reforms for Tapping and Resolving Consumer Concerns about Health Care

    180
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    The Limits of Procedural Justice without Distributive Justice

    189
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    Notes

    191
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    Index

    261
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Publishing information
Pages and Images/Illustrations in book
eBook published on:
May 8, 2002
eBook ISBN:
9780822383536
Pages and Images/Illustrations in book
Main content:
288
https://doi.org/10.1515/9780822383536
eBook ISBN: 9780822383536
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