Journal of Health Politics Policy & Law

Journal of Health Politics, Policy and Law
Volume 29, Number 6, December 2004


    Brown, Lawrence D. (Lawrence David), 1947-
    Eagan, Elizabeth.
  • The Paradoxical Politics of Provider Reempowerment
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    Subject Headings:
    • Provider-sponsored organizations (Medical care) -- United States.
    • Power (Social sciences) -- United States.
    • Medical policy -- United States.
      The recent decline, indeed perhaps dismantling, of managed care is sometimes treated as both consequence and cause of the political reempowerment of medical providers, whose professional dominance managed care had challenged. Drawing evidence from Round III of the Community Tracking Study of the Center for Studying Health System Change, this article reviews the politics of four "arenas" of managed care regulation—prompt payment, mandated benefits, external appeals, and financial solvency—and concludes that the power of providers is contingent on patterns of coalition and conflict that differ across the discrete arenas. The zero-sum connotations of the "de" and "re" empowerment of providers under managed care fail to capture the subtlety of providers' search for fresh cultural, economic, and political resources in shifting policy contexts.
    Strully, Kate W. (Kate Wetteroth), 1976-
    Conley, Dalton, 1969-
  • Reconsidering Risk: Adapting Public Policies to Intergenerational Determinants and Biosocial Interactions in Health-Related Needs
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    Subject Headings:
    • Birth weight, Low -- Social aspects -- United States.
    • Birth weight, Low -- Economic aspects -- United States.
      According to recent research, interactions between infant health and environment can play crucial roles in clustering health and economic disadvantage among certain families. Researchers have provided a clear example of such intergenerational biosocial cycles when they document that interactions between parental low birth weight status and prenatal environment are associated with the risk of a low birth weight, and that interactions between a child's birth weight status and early childhood environment are associated with adult socioeconomic outcomes. In this article, we consider how existing policies may be revised to more effectively address such interactions between social and biological risk categories. We are particularly concerned in this discussion with revising risk categories so they can encompass biological risk, social risk, and developmental frameworks. A framework of biosocial risk is quite flexible and may be applied to a variety of issues and programs; however, in this article we focus on the single case of low birth weight to illustrate our argument. In considering specific applications, we further explore how attention to biosocial interactions may reshape Medicaid, special education, the Earned Income Tax Credit, and Temporary Assistance for Needy Families.
    Harrington, C. Lee, 1964-
  • Mental Competence and End-of-Life Decision Making: Death Row Volunteering and Euthanasia
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    Subject Headings:
    • Death row inmates -- Mental health -- United States.
    • Attorney and client -- United States.
    • Decision making -- United States.
    • Appellate procedure -- United States.
    • Euthanasia -- Law and legislation -- United States.
      This article reports on a qualitative study of defense attorneys' perceptions of the mental competence or rationality of death row inmates' decisions to waive habeas appeals and proceed directly to execution. Interviews were conducted with twenty attorneys who have either directly represented or been closely involved with would-be volunteers. Through analytic comparison with another end-of-life decision, euthanasia, this article reports on four themes from the interviews: (a) attorneys' perceptions of the legal standard of competence, (b) their perceptions of the competency evaluation process, (c) implications of competing interpretive frames (i.e., volunteering vs. suicide), and (d) the rationality of decisions to waive appeals. Implications of research findings, particularly in terms of recent restructured models of competence, are also discussed.
    Cole, Brian L.
    Wilhelm, Michelle.
    Long, Peter V.
    Fielding, Jonathan E.
    Kominski, Gerald F.
    Morgenstern, Hal, 1946-
  • Prospects for Health Impact Assessment in the United States: New and Improved Environmental Impact Assessment or Something Different?
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    Subject Headings:
    • Health risk assessment -- United States -- Methodology.
    • Environmental impact analysis -- United States.
      Health impact assessment (HIA) has been advanced as a means of bringing potential health impacts to the attention of policy makers, particularly in sectors where health impacts may not otherwise be considered. This article examines lessons for HIA in the United States from the related and relatively well-developed field of environmental impact assessment (EIA). We reviewed the EIA literature and conducted twenty phone interviews with EIA professionals. Successes of EIA cited by respondents included integration of environmental goals into decision making, improved planning, and greater transparency and public involvement. Reported shortcomings included the length and complexity of EIA documents, limited and adversarial public participation, and an emphasis on procedure over substance. Presently, EIAs consider few, if any, health outcomes. Respondents differed on the prospects for HIA. Most agreed that HIA could contribute to EIA in several areas, including assessment of cumulative impacts and impacts to environmental justice. Reasons given for not incorporating HIA into EIA were uncertainties about interpreting estimated health impacts, that EIA documents would become even longer and more complicated, and that HIA would gain little from the procedural and legal emphasis in EIA. We conclude that for HIA to advance, whether as part of or separate from EIA, well-formulated methodologies need to be developed and tested in real-world situations. When possible, HIA should build on the methods that have been utilized successfully in EIA. The most fruitful avenue is demonstration projects that test, refine, and demonstrate different methods and models to maximize their utility and acceptance.
    Rice, Thomas H.
    Desmond, Katherine.
  • The Distributional Consequences of a Medicare Premium Support Proposal
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    Subject Headings:
    • Medicare -- Law and legislation.
    • Insurance, Health -- Premiums -- Law and legislation -- United States.
      This article analyzes the distributional consequences of enacting a particular premium support proposal known as Breaux-Frist I. Under the proposal, the federal government would contribute a certain amount toward the purchase of Medicare coverage, based on the premiums charged by different health plans. Beneficiaries could choose something akin to the traditional fee-for-service option or a privately sponsored health plan such as a health maintenance organization. The article simulates the expected distributional impacts in three areas: among beneficiaries who choose to retain fee-for-service coverage, between different geographic areas, and according to various beneficiary characteristics. We find that the legislation would result in increased premiums for beneficiaries remaining in the Medicare fee-for-service program as a result of unfavorable selection; lead to a geographic redistribution in premium payments, with those living in areas with high levels of Medicare expenditures paying more; and a much lower financial burden than is the case now for near-poor beneficiaries who do not have full Medicaid coverage. Finally, the article discusses how these results compare to those that may occur under the premium support demonstration project, beginning in 2010, established under the Medicare Prescription Drug, Improvement, and Modernization Act of 2003.


    Gusmano, Michael K.
  • The Paradox of Aging in Place in Assisted Living, and: Reinventing Care: Assisted Living in New York City (review)
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    Subject Headings:
    • Frank, Jacquelyn Beth. Paradox of aging in place in assisted living.
    • Smith, David Barton. Reinventing care: assisted living in New York City.
    • Congregate housing -- Illinois -- Chicago -- Sociological aspects.
    • Older people -- Long-term care -- New York (State) -- New York.
    Patashnik, Eric M.
  • Policies for an Aging Society (review)
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    Subject Headings:
    • Altman, Stuart H., ed. Policies for an aging society.
    • Shactman, David, ed.
    • Older people -- Government policy -- United States.
    Waldman, Ellen.
  • Strangers in the Night: Law and Medicine in the Managed Care Era (review)
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    Subject Headings:
    • Jacobson, Peter D. Strangers in the night: law and medicine in the managed care era.
    • Managed care plans (Medical care) -- Law and legislation -- United States.

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