Understanding the Failure of Health-Care Exceptionalism in the Supreme Court's Obamacare Decision

Understanding the Failure of Health-Care Exceptionalism in the Supreme Court's Obamacare Decision
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Publisher :
Total Pages : 0
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ISBN-10 : OCLC:1376289293
ISBN-13 :
Rating : 4/5 (93 Downloads)

Synopsis Understanding the Failure of Health-Care Exceptionalism in the Supreme Court's Obamacare Decision by : Abigail R. Moncrieff

On June 28, 2012, a mere century after the first presidential proposal for national health insurance, the Supreme Court issued a resounding victory for President Obama and for health-care reform generally, upholding the Patient Protection and Affordable Care Act against a serious constitutional challenge. Nevertheless, the Court also struck a potential blow to future health-care reform efforts. A majority of the Court refused to accept the Solicitor General's argument that health care is a unique market with unique regulatory needs that justify special constitutional treatment. The failure of health-care exceptionalism in the Court's opinion might render future reform efforts more difficult than they would have been if the Solicitor General's argument had carried the day. This Commentary seeks to shed light on the Court's hesitation to recognize the uniqueness of health insurance and health care, noting that market-based exceptionalism in constitutional law has a long, dark history that the Court was understandably loath to repeat. Although the result of the majority's one-size-fits-all approach to constitutional analysis in this case is an odd holding that elides some genuine uniqueness of American health care, the alternative of health-care exceptionalism might have been much worse for our overall constitutional system.

The Health Care Case

The Health Care Case
Author :
Publisher : Oxford University Press, USA
Total Pages : 401
Release :
ISBN-10 : 9780199301058
ISBN-13 : 0199301050
Rating : 4/5 (58 Downloads)

Synopsis The Health Care Case by : Nathaniel Persily

The Supreme Court's decision in the Health Care Case, NFIB v. Sebelius, gripped the nation's attention during the spring of 2012. This volume gathers together reactions to the decision from an ideologically diverse selection of the nation's leading scholars of constitutional, administrative, and health law.

Drugs, Money, and Secret Handshakes

Drugs, Money, and Secret Handshakes
Author :
Publisher : Cambridge University Press
Total Pages : 203
Release :
ISBN-10 : 9781009432948
ISBN-13 : 100943294X
Rating : 4/5 (48 Downloads)

Synopsis Drugs, Money, and Secret Handshakes by : Robin Feldman

Examines the pharmaceutical industry to expose how higher-priced drugs receive favorable treatment and patients are channeled toward the most expensive medicines.

Sickle Cell Pain

Sickle Cell Pain
Author :
Publisher : Lippincott Williams & Wilkins
Total Pages : 1004
Release :
ISBN-10 : 9781496331830
ISBN-13 : 1496331834
Rating : 4/5 (30 Downloads)

Synopsis Sickle Cell Pain by : Samir K. Ballas

Sickle Cell Pain is a panoramic, in-depth exploration of every scientific, human, and social dimension of this cruel disease. This comprehensive, definitive work is unique in that it is the only book devoted to sickle cell pain, as opposed to general aspects of the disease. The 752-page book links sickle cell pain to basic, clinical, and translational research, addressing various aspects of sickle pain from molecular biology to the psychosocial aspects of the disease. Supplemented with patient narratives, case studies, and visual art, Sickle Cell Pain’s scientific rigor extends through its discussion of analgesic pharmacology, including abuse-deterrent formulations. The book also addresses in great detail inequities in access to care, stereotyping and stigmatization of patients, the implications of rapidly evolving models of care, and recent legislation and litigation and their consequences.

Health Care Antitrust

Health Care Antitrust
Author :
Publisher : Jones & Bartlett Learning
Total Pages : 158
Release :
ISBN-10 : 0834212277
ISBN-13 : 9780834212275
Rating : 4/5 (77 Downloads)

Synopsis Health Care Antitrust by : Aspen Health Law Center

Antitrust laws touch upon a wide range of conduct and business relationships in the delivery of health care services, and the issues that should be of concern to health care organizations are described. Health Care Antitrust provides practical overviews of the principal legal issues relating to health care antitrust, as well as a general understanding of antitrust analysis as applied to contractual relationships and business strategies that present antitrust risks in a managed care environment.

American Exceptionalism in the Age of Obama

American Exceptionalism in the Age of Obama
Author :
Publisher : Routledge
Total Pages : 172
Release :
ISBN-10 : 9780415636414
ISBN-13 : 0415636418
Rating : 4/5 (14 Downloads)

Synopsis American Exceptionalism in the Age of Obama by : Stephen Brooks

The election of President Obama in 2008 and the apparent decline of American power in the world has rekindled an old and important debate. Is the United States exceptional in its values and institutions, as well as in the role that it is destined to play in world affairs? In this book, Stephen Brooks argues that American exceptionalism has been and continues to be real. In making this argument he focuses on five aspects of American politics and society that are most crucial to an understanding of American exceptionalism today. They include the appropriate relationship between the state and citizens, religion, socio-economic mobility, America's role in the world, and ideas about the Constitution. American exceptionalism matters in domestic politics chiefly as a political narrative around which support for and opposition to certain policies, values and vision of American society coalesce. But in world affairs it is not the story but the empirical reality of American exceptionalism that matters. Although the long era of America's global economic dominance has entered what might be called a period of diminished expectations, the United States remains exceptional--the indispensable nation--in world affairs and is likely to remain so for many years to come.

Society's Choices

Society's Choices
Author :
Publisher : National Academies Press
Total Pages : 560
Release :
ISBN-10 : 9780309051323
ISBN-13 : 0309051320
Rating : 4/5 (23 Downloads)

Synopsis Society's Choices by : Institute of Medicine

Breakthroughs in biomedicine often lead to new life-giving treatments but may also raise troubling, even life-and-death, quandaries. Society's Choices discusses ways for people to handle today's bioethics issues in the context of America's unique history and cultureâ€"and from the perspectives of various interest groups. The book explores how Americans have grappled with specific aspects of bioethics through commission deliberations, programs by organizations, and other mechanisms and identifies criteria for evaluating the outcomes of these efforts. The committee offers recommendations on the role of government and professional societies, the function of commissions and institutional review boards, and bioethics in health professional education and research. The volume includes a series of 12 superb background papers on public moral discourse, mechanisms for handling social and ethical dilemmas, and other specific areas of controversy by well-known experts Ronald Bayer, Martin Benjamin, Dan W. Brock, Baruch A. Brody, H. Alta Charo, Lawrence Gostin, Bradford H. Gray, Kathi E. Hanna, Elizabeth Heitman, Thomas Nagel, Steven Shapin, and Charles M. Swezey.

Crisis In U.S. Health Care

Crisis In U.S. Health Care
Author :
Publisher :
Total Pages : 398
Release :
ISBN-10 : 1938218221
ISBN-13 : 9781938218224
Rating : 4/5 (21 Downloads)

Synopsis Crisis In U.S. Health Care by : John Geyman

The problems of U.S. health care are of intense public interest today. The debate over where to go next to rein in costs and improve access to quality health care has become bitterly partisan, with distorted rhetoric largely uninformed by history, evidence, or health policy science. Based on present trends, our expensive dysfunctional system threatens patients, families, the government, and taxpayers with future bankruptcy. This book takes a 60-year view of our health care system, from 1956 to 2016, from the perspective of a family physician who has lived through these years as a practitioner in two rural communities, a professor and administrator of family medicine in medical schools, a journal editor for 30 years, and a researcher and writer on health care for more than four decades. There has been a complete transformation of health care and medical practice over that time from physicians in solo or small group practice and community hospitals to an enormous, largely corporatized industry that has left behind many of the traditions of personalized health care. This is an objective, non-partisan look at the major trends changing U.S. health care over these years, and points out some of the highs--and lows--of these changes, which may surprise some readers. It also compares the three basic alternatives for health care reform currently being debated.

Public Management

Public Management
Author :
Publisher : CQ Press
Total Pages : 729
Release :
ISBN-10 : 9781483355962
ISBN-13 : 1483355969
Rating : 4/5 (62 Downloads)

Synopsis Public Management by : Carolyn J. Hill

Managing in the public sector requires an understanding of the interaction between three distinct dimensions—administrative structures, organizational cultures, and the skills of individual managers. Public managers must produce results that citizens and their representatives expect from their government while fulfilling their constitutional responsibilities. In Public Management: Thinking and Acting in Three Dimensions, authors Carolyn J. Hill and Laurence E. Lynn, Jr. argue that one-size-fits-all approaches are inadequate for dealing with the distinctive challenges that public managers face. Drawing on both theory and detailed case studies of actual practice, the authors show how public management that is based on applying a three-dimensional analytic framework—structure, culture, and craft—to specific management problems is the most effective way to improve the performance of America’s unique scheme of governance in accordance with the rule of law. The book educates readers to be informed citizens and prepares students to participate as professionals in the world of public management.

Registries for Evaluating Patient Outcomes

Registries for Evaluating Patient Outcomes
Author :
Publisher : Government Printing Office
Total Pages : 385
Release :
ISBN-10 : 9781587634338
ISBN-13 : 1587634333
Rating : 4/5 (38 Downloads)

Synopsis Registries for Evaluating Patient Outcomes by : Agency for Healthcare Research and Quality/AHRQ

This User’s Guide is intended to support the design, implementation, analysis, interpretation, and quality evaluation of registries created to increase understanding of patient outcomes. For the purposes of this guide, a patient registry is an organized system that uses observational study methods to collect uniform data (clinical and other) to evaluate specified outcomes for a population defined by a particular disease, condition, or exposure, and that serves one or more predetermined scientific, clinical, or policy purposes. A registry database is a file (or files) derived from the registry. Although registries can serve many purposes, this guide focuses on registries created for one or more of the following purposes: to describe the natural history of disease, to determine clinical effectiveness or cost-effectiveness of health care products and services, to measure or monitor safety and harm, and/or to measure quality of care. Registries are classified according to how their populations are defined. For example, product registries include patients who have been exposed to biopharmaceutical products or medical devices. Health services registries consist of patients who have had a common procedure, clinical encounter, or hospitalization. Disease or condition registries are defined by patients having the same diagnosis, such as cystic fibrosis or heart failure. The User’s Guide was created by researchers affiliated with AHRQ’s Effective Health Care Program, particularly those who participated in AHRQ’s DEcIDE (Developing Evidence to Inform Decisions About Effectiveness) program. Chapters were subject to multiple internal and external independent reviews.