Journal of Health Politics, Policy and Law This is an RSS file. You can use it to subscribe to this data in your favourite RSS reader or to display this data on your own website or blog.

(Population) Health Law in Theory
This essay explores the viability of using the population health legal norm developed by Professor Wendy Parmet in her book Populations, Public Health, and the Law as a basis for theorizing health law. Based on the application of five criteria, the essay concludes that a population health legal norm has potential as a framework for theorizing health law, especially in comparison to other proposed health law theories. Yet, its potential turns on the ability of theorists to provide a detailed account of individual rights under a population health framework. (Source: Journal of Health Politics, Policy and Law)
Source: Journal of Health Politics, Policy and Law - November 14, 2016 Category: Health Management Authors: Gatter, R. Tags: Health Policy & Education, Political Science, General, Public Policy Articles Source Type: research

Health Law 2015: Individuals and Populations
In this article, we assess two particular trends in judicial doctrine that are likely to emerge in the post-ACA era. The first trend is the inevitable emergence of enterprise medical liability (EML) that will supplant tort law's unstable attempt to apportion liability between physicians and institutions. Arguments favoring EML in health law date back to the early 1980s. But health care's ongoing consolidation suggests that the time has arrived for courts or state legislatures to develop legal doctrine that more closely resembles the ways in which health care is now delivered. This would result in a more appropriate allocat...
Source: Journal of Health Politics, Policy and Law - November 14, 2016 Category: Health Management Authors: Jacobson, P. D., Dahlen, R. Tags: Health Policy & Education, Political Science, General, Public Policy Articles Source Type: research

The Struggle for the Soul of Public Health
This article suggests that public health law and policy debates offer important opportunities for public health advocates to reach across silos to promote the population perspective that unites the field. The article explores contrasting explanations for disease, injury, premature death, and health disparities offered by the population perspective and the individualistic orientation; political and cultural barriers that stand in the way of innovative law and policy interventions; and normative tensions between the communitarian population perspective and self-interested rationales for investment in prevention. (Source: Jou...
Source: Journal of Health Politics, Policy and Law - November 14, 2016 Category: Health Management Authors: Wiley, L. F. Tags: Health Policy & Education, Political Science, General, Public Policy Articles Source Type: research

Health: Policy or Law? A Population-Based Analysis of the Supreme Court's ACA Cases
This essay argues that it matters for the fate of health policies challenged in court whether courts consider health merely as a policy goal that must be subordinate to law, or as a legal norm warranting legal weight and consideration. Applying population-based legal analysis, this article demonstrates that courts have traditionally treated health as a legal norm. However, this norm appears to have weakened in recent years, a trend evident in the Supreme Court's first two decisions concerning the Affordable Care Act, NFIB v. Sebelius and Burwell v. Hobby Lobby. However, in its more recent Affordable Care Act decision, King...
Source: Journal of Health Politics, Policy and Law - November 14, 2016 Category: Health Management Authors: Parmet, W. E. Tags: Health Policy & Education, Political Science, General, Public Policy Articles Source Type: research

Introduction: Perspectives on the Development of Population Health Law
(Source: Journal of Health Politics, Policy and Law)
Source: Journal of Health Politics, Policy and Law - November 14, 2016 Category: Health Management Authors: Jacobson, P. D., Parmet, W. E. Tags: Health Policy & Education, Political Science, General, Public Policy Articles Source Type: research

Editor's Note
(Source: Journal of Health Politics, Policy and Law)
Source: Journal of Health Politics, Policy and Law - November 14, 2016 Category: Health Management Authors: Grogan, C. M. Tags: Health Policy & Education, Political Science, General, Public Policy Editor ' s Note Source Type: research

What Is the Value of Value-Based Purchasing?
Value-based purchasing (VBP) is a widely favored strategy for improving the US health care system. The meaning of value that predominates in VBP schemes is (1) conformance to selected process and/or outcome metrics, and sometimes (2) such conformance at the lowest possible cost. In other words, VBP schemes choose some number of "quality indicators" and financially incent providers to meet them (and not others). Process measures are usually based on clinical science that cannot determine the effects of a process on individual patients or patients with comorbidities, and do not necessarily measure effects that patients value...
Source: Journal of Health Politics, Policy and Law - September 11, 2016 Category: Health Management Authors: Tanenbaum, S. J. Tags: Health Policy & Education, Political Science, General, Public Policy Behind the Jargon Source Type: research

Medicaid Expansion: A Tale of Two Governors
This is a study of why two seemingly similar governors made divergent decisions on expanding Medicaid under the Patient Protection and Affordable Care Act (ACA). Performing a case study of Governors John Kasich (OH) and Scott Walker (WI), I explore the roles played by electoral pressures, political party, governor's ideology, the state's policy heritage, stakeholder advocacy, and the economy in each governor's decision about whether to expand Medicaid. Electoral pressure was the most significant factor for both governors. I demonstrate that even Walker succumbed to state electoral pressures and expanded Medicaid, albeit in...
Source: Journal of Health Politics, Policy and Law - September 11, 2016 Category: Health Management Authors: Flagg, R. Tags: Health Policy & Education, Political Science, General, Public Policy Report on Health Reform Implementation Source Type: research

A Corporate Veto on Health Policy? Global Constitutionalism and Investor-State Dispute Settlement
The importance of trade and investment agreements for health is now widely acknowledged in the literature, with much attention now focused on the impact of investor–state dispute settlement (ISDS) mechanisms. However, much of the analysis of such agreements in the health field remains largely descriptive. We theorize the implications of ISDS mechanisms for health policy by integrating the concept of global constitutionalism with veto point theory. It is argued that attempts to constitutionalize investment law, through a proliferation of International Investment Agreements (IIAs), has created a series of new veto poin...
Source: Journal of Health Politics, Policy and Law - September 11, 2016 Category: Health Management Authors: Hawkins, B., Holden, C. Tags: Health Policy & Education, Political Science, General, Public Policy Articles Source Type: research

Market Conditions and Performance in the Nursing Home Compare Five-Star Rating
This study introduces three groups of county market conditions and a peer effect variable, and tests their impacts on the Nursing Home Compare (NHC) Five-Star overall rating. Indiana nursing home data and county characteristics are taken mainly from the NHC and Census Bureau websites. The result of the ordered logistic regression analysis indicates that nursing homes in excess demand markets, namely those that are highly concentrated and have fewer nursing homes, tend to perform better than their counterparts in both excess supply and balanced markets. In addition, a peer effect variable, measured as the average overall ra...
Source: Journal of Health Politics, Policy and Law - September 11, 2016 Category: Health Management Authors: Kim, A.-S. Tags: Health Policy & Education, Political Science, General, Public Policy Articles Source Type: research

Evidence and Access to Biomedical Interventions: The Case of Stem Cell Treatments
The controversy over patients’ access to stem cell interventions is familiar to scholars of the drug regulatory system and the politics of evidence-based medicine. What counts as evidence of a biomedical intervention's safety and effectiveness? Who should define and assess safety and effectiveness, and how? In the first section of the paper we describe the types of stem cells that may be therapeutically effective. We then describe how the US Food and Drug Administration asserted regulatory authority over certain stem cell interventions and the legal challenge to the agency's actions. Next, we place the debate about p...
Source: Journal of Health Politics, Policy and Law - September 11, 2016 Category: Health Management Authors: Maschke, K. J., Gusmano, M. K. Tags: Health Policy & Education, Political Science, General, Public Policy Articles Source Type: research

Effects of Competing Narratives on Public Perceptions of Opioid Pain Reliever Addiction during Pregnancy
Opioid pain reliever addiction has increased among women of reproductive age over the last fifteen years. News media and public attention have focused on the implications of this trend for infants exposed to opioids prenatally, with state policy responses varying in the extent to which they are punitive or public health oriented. We fielded a six-group randomized experiment among a nationally representative sample of US adults to test the effects of narratives portraying a woman with opioid pain reliever addiction during pregnancy on beliefs about people addicted to opioid pain relievers, perceptions of treatment effective...
Source: Journal of Health Politics, Policy and Law - September 11, 2016 Category: Health Management Authors: Kennedy-Hendricks, A., McGinty, E. E., Barry, C. L. Tags: Health Policy & Education, Political Science, General, Public Policy Articles Source Type: research

Editor's Note
(Source: Journal of Health Politics, Policy and Law)
Source: Journal of Health Politics, Policy and Law - September 11, 2016 Category: Health Management Authors: Grogan, C. M. Tags: Health Policy & Education, Political Science, General, Public Policy Editor ' s Note Source Type: research

Books Received
(Source: Journal of Health Politics, Policy and Law)
Source: Journal of Health Politics, Policy and Law - August 8, 2016 Category: Health Management Tags: Health Policy & Education, Political Science, General, Public Policy Books Received Source Type: research

David Mechanic: Professional Zombie Hunter
Within the fields of medicine and sociology, the descriptor "profession" (along with its brethren: profession, professionalization, and professionalism) has had a rich etymological history, with terms taking on different meanings at different times—sometimes trespassing into shibboleth and jargon. This etymological journey has co-evolved with the career of David Mechanic to whom this issue of the Journal of Health Politics, Policy and Law is devoted. We exploit a provocative metaphor applied to Mechanic's work on the challenges facing medicine as a profession as a playful exegesis on what we call "profession" to exca...
Source: Journal of Health Politics, Policy and Law - August 8, 2016 Category: Health Management Authors: Hafferty, F. W., Tilburt, J. Tags: Health Policy & Education, Political Science, General, Public Policy Behind the Jargon Source Type: research