Fresh Thinking - Legal and Regulatory Issues Presented by Health Care Reform

Publication Date:

Publisher: Center for Advanced Study in the Behavioral Sciences

Author(s): T.S. Jost

Research Area: Law and ethics

Type: White Paper

Abstract:

One aspect of the Fresh Thinking project included a discussion of legal and regulatory reform as it pertains to health care reform.



In this paper, the author described law and its relationship to health care policy. Additionally, the author detailed facets of the law that have potential to bring about health care reform.



Key Findings:



The relationship between health care reform and law is particularly pertinent in the following areas: the relationship between federal and state authority, defining health care entitlements, regulating health insurance markets, and regulating health care product and service delivery.
Health care regulatory requirements have been most common in setting parameters for licensure or certification but also occur in regard to coverage and payment for health care at the federal and state level.
Federal and state laws influence the people, products and services entering the health care market. They also impact the structure of the health care industry and the delivery of health care, e.g., via laws that govern the relationship between health care professionals and providers.Law plays an integral role in both health insurance markets and health care delivery. Reforming law as it relates to health care will contribute to reforming the health care system.