Protecting American Health Care Consumers

Eleanor DeArman Kinney

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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

Medicine Clinical Medicine Public Health

Frontmatter Publicly Available Download PDF	i
Contents Publicly Available Download PDF	vii
Acknowledgments Publicly Available Download PDF	ix
1 : Introduction
The Theoretical Context for Procedural Protections Requires Authentication Unlicensed Licensed	3
The Scope of the Book Requires Authentication Unlicensed Licensed	6
2 : The Patient Protection Debate
Private Reform Proposals Requires Authentication Unlicensed Licensed	12
Government Initiatives Requires Authentication Unlicensed Licensed	13
Making Sense of the Debate Requires Authentication Unlicensed Licensed	19
3 : Health Insurance Coverage in the United States
Historical Development of the American Health Insurance System Requires Authentication Unlicensed Licensed	23
The Universe of Private Health Insurance Coverage Requires Authentication Unlicensed Licensed	30
The Universe of Public Health Insurance Programs Requires Authentication Unlicensed Licensed	35
The Problem of the Uninsured Requires Authentication Unlicensed Licensed	40
4 : Relevant Law and Theory
Regulatory Law Requires Authentication Unlicensed Licensed	42
Corporate and Tax Law Requires Authentication Unlicensed Licensed	45
Administrative Law Requires Authentication Unlicensed Licensed	47
Contract Law Requires Authentication Unlicensed Licensed	53
Tort Law Requires Authentication Unlicensed Licensed	61
5 : The Universe of Consumer Concerns about Health Care
A Typology of Consumer Concerns Requires Authentication Unlicensed Licensed	67
Tapping and Resolving Consumer Concerns about Health Care Requires Authentication Unlicensed Licensed	78
Institutional Mechanisms for Tapping Consumer Concerns Requires Authentication Unlicensed Licensed	81
6 : The Universe of Medical Standards and Other Policies Regarding Health Care
The Health-Care Quality Revolution and Medical Standardsetting Requires Authentication Unlicensed Licensed	85
Organizations That Make Health-Care Policies Requires Authentication Unlicensed Licensed	93
A Taxonomy of Health- Care Policies Requires Authentication Unlicensed Licensed	100
7 : Processes for Making Policies Regarding Health Care
Processes for Making Policies Regarding the Content and Quality of Health Care Requires Authentication Unlicensed Licensed	109
Policymaking Regarding Access to Health-Care Services Requires Authentication Unlicensed Licensed	113
Policymaking Regarding the Cost of Health-Care Services Requires Authentication Unlicensed Licensed	120
Policymaking and Dissemination: The Example of Diabetes Requires Authentication Unlicensed Licensed	123
8 : Regimes for Tapping and Resolving Consumer Concerns about Health Care
Extralegal Institutions for Tapping and Resolving Consumer Concerns Requires Authentication Unlicensed Licensed	128
Internal, External, and Administrative Review Requires Authentication Unlicensed Licensed	131
Judicial Review Requires Authentication Unlicensed Licensed	139
Tort Causes of Action Requires Authentication Unlicensed Licensed	143
Contract Causes of Action Requires Authentication Unlicensed Licensed	147
Statutory Causes of Actions Requires Authentication Unlicensed Licensed	147
9 : Principles of Sound Procedural Protections
Principles of Sound Policymaking Procedures Requires Authentication Unlicensed Licensed	150
Principles for Better Ways to Tap and Resolve Consumer Concerns about Health Care Requires Authentication Unlicensed Licensed	158
A Call for Better Empirical Information about Consumer Concerns Requires Authentication Unlicensed Licensed	173
10 : A Vision of Reform
More Definite Allocation of Regulatory Responsibility Requires Authentication Unlicensed Licensed	175
Policymaking Reforms Requires Authentication Unlicensed Licensed	177
Reforms for Tapping and Resolving Consumer Concerns about Health Care Requires Authentication Unlicensed Licensed	180
The Limits of Procedural Justice without Distributive Justice Requires Authentication Unlicensed Licensed	189
Notes Requires Authentication Unlicensed Licensed	191
Index Requires Authentication Unlicensed Licensed	261

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

Protecting American Health Care Consumers

Overview

About this book

Author / Editor information

Reviews

Topics

Table of contents

Bibliographic data