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Emerging Legal Issues in Hospital Management 医院管理中新出现的法律问题
Pub Date : 2016-02-24 DOI: 10.2139/ssrn.2737290
S. Negi
The healthcare concept in India has undergone a tremendous change in recent years. People have become progressively aware about the importance of healthcare and this has led to higher expectations and an ever increased demand for a high quality of medical care and related facilities.A large number of private hospitals and clinics have come up all over the country with their increasing emphasis and endeavor on quality of health care and the utmost satisfaction of patient. Earlier there were just government and private hospitals. But now, the hospitals categorize themselves as ordinary hospitals, specialty hospitals and super specialty hospitals. There is an enormous growth especially in super specialty hospitals which has resulted in a drastic change in the healthcare sector of the country. Hence, there is manifold increase in the complexity and procedures in the successful management of a hospital in current scenario.
近年来,印度的医疗保健理念发生了巨大变化。人们逐渐意识到医疗保健的重要性,这导致了对高质量医疗保健和相关设施的更高期望和不断增加的需求。随着对医疗质量的重视和对患者满意度的不断提高,全国各地涌现出一大批民营医院和诊所。早些时候只有政府医院和私立医院。但现在,医院将自己分为普通医院、专科医院和超级专科医院。有一个巨大的增长,特别是在超级专科医院,这导致了该国医疗保健部门的巨大变化。因此,在当前情况下,成功管理医院的复杂性和程序有多方面的增加。
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引用次数: 0
Restraints: Patient Safety and Regulatory Compliance - Extended Version 约束:患者安全和法规遵从-扩展版
Pub Date : 2016-01-11 DOI: 10.2139/SSRN.2712831
T. Ealey, E. Cameron
The use of restraints in health care facilities is necessary but fraught with regulatory dangers, patient safety risks and negative optics. Proper use of restraints within regulatory guidelines can enhance patient safety and outcomes, but every use of restraints must be viewed as a risk event for the facility and the professionals involved.
在卫生保健设施中使用约束是必要的,但充满了监管危险、患者安全风险和负面影响。在监管指南范围内正确使用约束装置可以提高患者的安全性和治疗效果,但每次使用约束装置都必须被视为机构和相关专业人员的风险事件。
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引用次数: 1
The Effects of the Massachusetts Health Reform on Household Financial Distress 马萨诸塞州医疗改革对家庭财务困境的影响
Pub Date : 2015-07-17 DOI: 10.2139/ssrn.2390186
B. Mazumder, Sarah Miller
In this paper, we examine the effect of a major health care reform in Massachusetts on a broad set of financial outcomes using credit report data. We exploit variation in the impact of the reform across counties and age groups using pre-reform insurance coverage as a measure of the potential effect of the reform. We find that the reform reduced the amount of debt that was past due, improved credit scores, reduced personal bankruptcies and reduced third-party collections. Our results show that health care reform has implications that extend well beyond the health of those who gain insurance coverage.
在本文中,我们使用信用报告数据研究了马萨诸塞州重大医疗改革对一系列广泛财务结果的影响。我们利用改革前的保险覆盖率作为改革潜在影响的衡量标准,利用改革在不同县和年龄组之间的影响差异。我们发现,这项改革减少了逾期债务的数量,改善了信用评分,减少了个人破产,减少了第三方催收。我们的研究结果表明,医疗改革的影响远远超出了那些获得保险覆盖的人的健康。
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引用次数: 96
The ACA's 2017 State Innovation Waiver: Is ERISA a Roadblock to Meaningful Healthcare Reform? ACA的2017年国家创新豁免:ERISA是有意义的医疗改革的障碍吗?
Pub Date : 2015-06-01 DOI: 10.2139/ssrn.2716787
M. Tumber
In 2017, the Affordable Care Act’s (ACA) State Innovation Waiver (§ 1332) will enable states to waive many of the ACA’s provisions and to develop their own creative solutions to reign in healthcare spending. The Employee Retirement Income Security Act of 1974 (ERISA) was enacted to encourage employers to sponsor benefit plans and minimize potential conflicts with existing state laws. Because of ERISA, the regulation of employee benefit plans, including health plans, falls primarily under federal jurisdiction for about 131 million people. This Note explores the ways in which ERISA presents significant roadblocks to meaningful state level healthcare reform under § 1332. State laws cannot directly refer to ERISA, nor influence the benefits, administration, or structure of an ERISA plan. Also, if a state law limits employer choices too much, it will likely violate ERISA. This Note proposes that ERISA needs to be waived, amended or repealed so that states can implement meaningful healthcare reforms under § 1332.
2017年,《平价医疗法案》(ACA)的州创新豁免(§1332)将使各州能够放弃ACA的许多条款,并制定自己的创造性解决方案来控制医疗支出。1974年颁布的《雇员退休收入保障法》(ERISA)是为了鼓励雇主赞助福利计划,并尽量减少与现有州法律的潜在冲突。由于ERISA,雇员福利计划(包括健康计划)的监管主要属于联邦管辖范围,涉及约1.31亿人。本文探讨了ERISA在§1332下为有意义的州一级医疗改革提出重大障碍的方式。州法律不能直接提及ERISA,也不能影响ERISA计划的利益、管理或结构。此外,如果一项州法律对雇主的选择限制太多,它可能会违反ERISA。本说明建议,ERISA需要被放弃、修改或废除,以便各州能够根据§1332实施有意义的医疗改革。
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引用次数: 2
The Economics of Oral Health and Health Care 口腔健康和保健经济学
Pub Date : 2015-05-20 DOI: 10.2139/ssrn.2611060
S. Birch, S. Listl
This paper describes the principles of economics and their application to oral health and health care. After illustrating the economic determinants of oral health, the demand for oral health care is discussed with particular reference to asymmetric information between patient and provider. The reasons for the market failure in (oral) health care and its implications for efficiency and equity are explained. Moreover, it is described how economic evaluation can be used to maximize oral health gains in scenarios of scarce resources. The behavioural aspects of patients´ demand for and dental professionals´ provision of oral health services are discussed. Finally, methods for an optimized planning of the dental workforce are discussed.
本文介绍了经济学原理及其在口腔健康和保健中的应用。在说明了口腔健康的经济决定因素之后,对口腔保健的需求进行了讨论,特别提到了患者和提供者之间的信息不对称。解释了(口腔)卫生保健市场失灵的原因及其对效率和公平的影响。此外,它描述了如何经济评价可以用来最大限度地提高口腔健康收益在资源稀缺的情况下。讨论了patients '需求和牙科professionals '提供口腔健康服务的行为方面。最后,对牙科劳动力的优化规划方法进行了讨论。
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引用次数: 21
The Economics of Healthcare Rationing 医疗配给的经济学
Pub Date : 2015-05-07 DOI: 10.1093/OXFORDHB/9780199366521.013.43
Michael D. Frakes, Matthew B. Frank, K. Rozema
This article examines the economics of healthcare rationing. We begin with an overview of the various dimensions across which healthcare rationing operates, or at least has the potential to operate, in the first place. We then describe the types of economic analyses used in healthcare rationing decision-making, with particular reference to cost-benefit analysis and cost-effectiveness analysis. We also discuss healthcare rationing in practice, such as how economic analyses inform decisions regarding which services to cover, and conclude by discussing various practical and conceptual challenges that may arise with economic analyses and that span both economics and ethics.
本文考察了医疗配给的经济学。我们首先概述医疗配给运作的各个维度,或者至少是有可能运作的维度。然后,我们描述了医疗配给决策中使用的经济分析类型,特别是成本效益分析和成本效益分析。我们还讨论了实践中的医疗配给,例如经济分析如何为有关涵盖哪些服务的决策提供信息,并通过讨论经济分析可能出现的各种实践和概念挑战来结束,这些挑战跨越了经济学和伦理学。
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引用次数: 0
Is There a Link between Employer-Provided Health Insurance and Job Mobility? Evidence from Recent Micro Data 雇主提供的健康保险和工作流动性之间有联系吗?来自最近微数据的证据
Pub Date : 2015-04-27 DOI: 10.2139/ssrn.2598929
Benjamin W. Chute, Phanindra V. Wunnava
This study investigates the prevalence and severity of job immobility induced by the provision of employer-sponsored health insurance – a phenomenon known as 'job-lock'. Using data from the National Longitudinal Survey of Youth from 1994 to 2010, job-lock is identified by measuring the impact of employer-sponsored health insurance on voluntary job turnover frequency. Estimates from a logistic regression with random effects indicate that job-lock reduces voluntary job turnover by 20% per year. These results that are consistent with past research and are also supported by two alternative identification strategies employed in this paper. Our results indicate a persistence of the job-lock effect, despite two major policy interventions designed to mitigate it (COBRA and HIPAA) and signal a fundamental misunderstanding of its causes. Both policies made health insurance more portable between employers, but this paper presents evidence from a quasi-natural experiment to suggest that the problem is a lack of viable alternative private sources of health insurance. In this model, we find evidence that access to health insurance through one's spouse or partner dramatically increases voluntary job turnover. This finding has significant bearing on predicted impacts of the Patient Protection and Affordable Care Act (2010) and the individual health insurance exchanges catalyzed by it; these new markets will create risk pools that may 'unlock' a job-locked individual by providing them a viable alternative to employer-sponsored health insurance.
本研究调查了因提供雇主赞助的健康保险而导致的工作不动的普遍性和严重性,这种现象被称为“工作锁定”。利用1994年至2010年全国青年纵向调查的数据,通过测量雇主赞助的健康保险对自愿离职频率的影响来确定工作锁定。随机效应的逻辑回归估计表明,工作锁定每年减少20%的自愿工作流动率。这些结果与过去的研究一致,也得到了本文采用的两种替代识别策略的支持。我们的研究结果表明,尽管有两项主要的政策干预措施(COBRA和HIPAA)旨在缓解就业锁定效应,但就业锁定效应仍然存在,并表明人们对其原因存在根本性的误解。这两项政策都使医疗保险在雇主之间更加方便,但本文提出了一个准自然实验的证据,表明问题在于缺乏可行的替代私人医疗保险来源。在这个模型中,我们发现有证据表明,通过配偶或伴侣获得医疗保险会显著增加自愿离职率。这一发现对《患者保护和平价医疗法案》(2010年)及其催化的个人健康保险交易所的预测影响具有重大影响;这些新市场将创造风险池,为被工作束缚的个人提供雇主赞助的健康保险之外的一种可行选择,从而可能“解锁”他们。
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引用次数: 0
Are the Biomedical Sciences Sliding Toward Institutional Corruption? And Why Didn't We Notice It? 生物医学科学正在滑向制度腐败吗?为什么我们没有注意到?
Pub Date : 2015-03-25 DOI: 10.2139/SSRN.2585141
B. Redman
The social role of science is to produce reliable knowledge within the bounds of safety for subjects and subsequent users. Regulations in human subjects protection, research misconduct and control of conflict of interest have failed to prevent widespread bias and irreproducibility in scientific findings, which weakened their protections as well as undermining production of reliable knowledge. Effects of conflicts of interest involving commercial interests have largely continued unabated despite legal attempts to control some of them. Quality control has been inadequately addressed under scientific self-regulation and research has not been done to assure that regulatory mechanisms are effective in meeting their purposes. Other fields (economics) and other countries (China) also show clear signs of institutional corruption. Better management of the current regulatory system will be insufficient. Institutional corruption provides a new lens for looking at research ethics in the biomedical sciences and suggests new regulatory approaches. Research could be treated as a product that must pass tests of verifiability. Bioethics commissions have been very useful in defining issues but require strong political follow-up to be implemented. Current legal mechanisms are in multiple ways a poor fit to ensure scientific integrity. Meta-science (the science of science) will continue to provide empirical evidence relevant to how well science is meeting its public purpose; stronger ethical norms and political will to impose them will be necessary.
科学的社会作用是在安全范围内为研究对象和随后的使用者提供可靠的知识。在人类受试者保护、研究不当行为和控制利益冲突方面的法规未能防止科学发现中的广泛偏见和不可重复性,从而削弱了对它们的保护,并破坏了可靠知识的产生。尽管法律试图控制其中一些,但涉及商业利益的利益冲突的影响在很大程度上继续有增无减。在科学自我监管下,质量控制问题没有得到充分解决,也没有进行研究以确保监管机制在实现其目的方面是有效的。其他领域(经济)和其他国家(中国)也显示出明显的制度腐败迹象。对当前监管体系进行更好的管理是不够的。机构腐败为审视生物医学科学的研究伦理提供了一个新的视角,并提出了新的监管方法。研究可以被视为必须通过可验证性测试的产品。生物伦理委员会在确定问题方面非常有用,但需要强有力的政治后续行动来执行。目前的法律机制在很多方面都不适合确保科学的完整性。元科学(科学的科学)将继续提供与科学如何很好地满足其公共目的相关的经验证据;加强道德规范和实施这些规范的政治意愿是必要的。
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引用次数: 11
Rethinking Canada's Unbalanced Mix of Public and Private Healthcare: Insights from Abroad 重新思考加拿大公共和私人医疗保健的不平衡组合:来自国外的见解
Pub Date : 2015-02-25 DOI: 10.2139/SSRN.2572650
Å. Blomqvist, C. Busby
Roughly 30 percent of all Canadian healthcare is privately paid for, about the same proportion as the average for the 34 industrialized countries that are members of the Organisation for Economic Cooperation and Development (OECD). However, two things make Canada’s public-private mix unique. On the one hand, there is rather limited public coverage for items such as outpatient drugs, long-term care, and dental and vision care. But on the other hand, government pays for virtually all services delivered by physicians and acute-care hospitals. With limited government budgets for healthcare, these Canadian distinctions are linked: more spending on hospitals and doctors means there is less money for other areas of healthcare. In other countries, the public-private financing mix is typically more balanced, with government plans paying for a larger share of drugs, dental and continuing care, but with more private financing for hospital and physician services. In face of widespread calls for Canadian governments to expand public coverage for services such as drugs and homecare, policymakers must confront challenging trade-offs that rest on increasing taxes to help pay for these additional benefits. In this Commentary, we argue that a major contributing factor to Canada’s unbalanced public-private healthcare mix are the unique restrictions that many provinces impose on the private financing of hospital and physician care. Many health systems in Europe and elsewhere do not have similar restrictions and devote a much larger share of public resources to drugs and long-term care while still operating equitable and high-performing healthcare systems. Relaxing provincial regulations on physicians’ private income sources, such as opt-out prohibitions, limits on fees, and private insurance bans, could build on the strengths of our current system. Expanded patient choice and competition from healthcare providers outside medicare would create incentives for politicians and bureaucrats to manage the public system more efficiently. This Commentary also examines the Canada Health Act’s restrictions on the basic principles of our universal provincial health insurance plans. It describes the more pluralistic approaches to healthcare financing and production among other countries whose systems have been ranked well above ours in both efficiency and equity dimensions. Canada’s single-payer model for hospitals and doctors may be less expensive to administer than a pluralistic one with both public and private payment. However, a single-payer system in which doctors are expected to always use the best available medical care for every patient ultimately creates an impossible dilemma, as advancing medical technology raises the cost of doing so. Our single-payer system may have led to more equal healthcare between rich and poor than would have prevailed otherwise, but it arguably has made the social policy debate focus too much on healthcare to the detriment of other programs th
大约30%的加拿大医疗保健是私人支付的,这一比例与经济合作与发展组织(OECD) 34个工业化国家的平均水平大致相同。然而,有两件事使得加拿大公私合营的模式与众不同。一方面,诸如门诊药物、长期护理、牙科和视力保健等项目的公共覆盖范围相当有限。但另一方面,政府为医生和急症护理医院提供的几乎所有服务买单。由于政府在医疗保健方面的预算有限,加拿大的这些差异是相互关联的:在医院和医生身上的支出越多,意味着用于其他医疗保健领域的资金就越少。在其他国家,公私筹资组合通常更为平衡,政府计划支付更大份额的药品、牙科和持续护理费用,但私人为医院和医生服务提供更多资金。面对要求加拿大政府扩大药品和家庭护理等服务的公共覆盖范围的广泛呼声,政策制定者必须面对一种具有挑战性的权衡,这种权衡依赖于增加税收来帮助支付这些额外福利。在本评论中,我们认为,造成加拿大公私医疗组合不平衡的一个主要因素是许多省份对医院和医生护理的私人融资施加的独特限制。欧洲和其他地方的许多卫生系统没有类似的限制,将更多的公共资源用于药物和长期护理,同时仍然运行公平和高效的卫生保健系统。放宽各省对医生私人收入来源的规定,如禁止选择退出、限制收费和禁止私人保险,可以在我们现行制度的优势基础上建立起来。扩大患者的选择范围以及来自医疗保险之外的医疗服务提供者的竞争,将激励政客和官僚们更有效地管理公共体系。本评论还审查了《加拿大卫生法》对我国普遍省级健康保险计划基本原则的限制。它描述了其他国家在医疗融资和生产方面更为多元化的方法,这些国家的系统在效率和公平方面的排名都远远高于我们。加拿大医院和医生的单一付款人模式可能比公共和私人支付的多元化模式管理成本更低。然而,由于医疗技术的进步提高了这样做的成本,单一付款人系统最终造成了一个不可能的困境,在这个系统中,医生总是被期望为每个病人提供最好的医疗服务。我们的单一付款人制度可能会使富人和穷人之间的医疗保健更加平等,但可以说,它使社会政策辩论过多地关注医疗保健,而损害了其他项目,这些项目至少在帮助社会最弱势群体方面同样重要。
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引用次数: 15
Quality Ratings and Premiums in the Medicare Advantage Market 医疗保险优势市场的质量评级和保费
Pub Date : 2015-01-13 DOI: 10.2139/ssrn.2549107
Ian Paul McCarthy, Michael E Darden
We examine the response of Medicare Advantage contracts to published quality ratings. We identify the effect of star ratings on premiums using a regression discontinuity design that exploits plausibly random variation around rating thresholds. We find that 3, 3.5, and 4-star contracts in 2009 significantly increased their 2010 monthly premiums by $20 or more relative to contracts just below the respective threshold values. High quality contracts also disproportionately dropped $0 premium plans or expanded their offering of positive premium plans. Welfare results suggest that the estimated premium increases reduced consumer welfare by over $250 million among the affected beneficiaries.
我们研究了医疗保险优势合同对公布的质量评级的反应。我们使用回归不连续设计来确定星级对保费的影响,该设计利用了评级阈值周围的合理随机变化。我们发现,2009年的3星、3.5星和4星合同在2010年的月保费较低于各自阈值的合同显著增加了20美元或更多。高质量的合同也不成比例地减少了0美元保费计划或扩大了正向保费计划的提供。福利结果表明,估计的保费增加使受影响受益人的消费者福利减少了2.5亿美元以上。
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引用次数: 1
期刊
Health Care Law & Policy eJournal
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