Project on Health Care and Public Policy

The purpose of this project is to develop innovative programs and strategies for health system reforms. The project focuses on health care law and policy at the state, federal and even international levels. Much of the Center's research in this project is empirical and interdisciplinary.

Legal Issues in the Medicare and Medicaid Programs

• Kinney, The New Medicare Coverage Decision-Making and Appeal Procedures: Can Process Meet the Challenge of New Medical Technology? 60 Washington & Lee Law Review 1461 (2003).
• Kinney, Medicare Managed Care from the Beneficiary's Perspective, 24 Seton Hall Law Review 101 (1996).
• Kinney, Rule and Policy Making under Health Reform, 47 Administrative Law Review 403 (1995).
• Kinney, Private Accreditation as a Substitute for Direct Government Regulation in Public Health Insurance Programs: When is it Appropriate? 57 Law & Contemporary Problems 47 (1994).
• Kinney, The Role of Judicial Review in Medicare and Medicaid Program Policy: Past Experience and Future Expectations, 35 St. Louis University Law Journal 759 (1991).
• Kinney, Rule and Policy-Making Under the Medicaid Program: A Challenge to Federalism, 51 Ohio State Law Journal 855 (1990 ) ( Insurance Law Symposium). See ACUS Recommendation 90-8, Rulemaking and Policymaking in the Medicaid Program, 1 C.F.R. ' 305.90-8; 1990 ACUS 676.
• Kinney, In Search of Bureaucratic Justice in the Medicare Program: Adjudicating Medicare Home Health Benefits in the 1980s, 42 Administrative Law Review 251 (1990).
• Kinney, Setting Limits: A Realistic Assignment for the Medicare Program? 33 St. Louis University Law Journal 631 (1989).
• Kinney, National Coverage Policy under the Medicare Program: Problems and Proposals for Change, 32 Saint Louis University Law Journal 869 (1988). See ACUS Recommendation 87-8, National Coverage Determinations under the Medicare Program, 1 C.F.R. ' 305.87-8; 1987 ACUS 833.
• Kinney, The Medicare Appeals System for Coverage and Payment Disputes: Achieving Fairness in a Time of Con-straint, 1 Administrative Law Journal 1 (1987 ) . See ACUS Recommendation 86-5, Medicare Appeals, 1 C.F.R. ' 305.86-5; 1986 ACUS 339.

Patient Protection in Private Health Plans

• Kinney, Protecting American Health Care Consumers (Duke University Press, 2002).
• Kinney, Tapping and Resolving Consumer Concerns about Health Care, 26 American Journal of Law and Medicine 335 (2000).
• Kinney, Clearing the Way for an Effective Federal-State Partnership in Health Reform, 32 Michigan Journal of Law Reform 899 (1999).
• Strain & Kinney, The Road Paved with Good Intentions: Problems and Potential for Employer-Sponsored Health Insurance under ERISA, 31 Loyola University Chicago Law Review 29 (1999).
• Kinney, Behind the Veil Where the Action Is: Private Policy Making and American Health Care, 50 Administrative Law Review 145 (1999).
• Kinney, Procedural Protections for Patients in Capitated Health Plans, 22 American Journal of Law and Medicine 301 (1996).
• Kinney, Resolving Consumer Grievances in a Managed Care Environment, 6 Health Matrix 147 (1996).
• Kinney, Protecting Consumers and Providers under Health Reform: An Overview of the Major Administrative Law Issues, 5 Health Matrix 83 (1995).

Barriers to Private Health Insurance

• Swigonski, Kinney, Freund & Kniesner, Unfinished Business: Inadequate Health Coverage for Privately Insured Seriously Ill Children, 30 Children's Health Care 219 (2001).
• Stroupe, Kinney & Kniesner, Chronic Illness and Health Insurance-Related Job Lock, 20 Journal of Policy Analysis and Management 525 (2001).
• Stroupe, Kinney & Kniesner, Is There Evidence for Health Insurance-Related Job Lock When a Family Member is Chronically Ill? 25 Journal of Health Policy, Politics and Law 309 (2000).
• Kinney, Freund, Camp, Jordan & Mayfield, Serious Illness and Private Health Coverage: A Unique Problem Calling for Unique Solutions, 25 Journal of Law, Medicine & Ethics 190 (1997).
• Kinney & Steinmetz, Notes from the Insurance Underground: How the Chronically Ill Cope, 19 Journal of Health Politics, Policy and Law 633 (1994).

Medical Malpractice and Liability Insurance Reform

• Sage and Kinney, A Malpractice System for Medicare, in Medical Malpractice Reform in the United States: New Century, Different Issues (to be published by Cambridge University Press in 2005).
• Kinney, Administrative Law Approaches to Medical Malpractice Reform, 49 St. Louis University Law Journal 45 (2005).
• Kinney, An Empirical and Critical Look at the Current Medical Liability Crisis, 20 Frontiers of Health Services Management 31 (Fall 2003). Kinney, The Brave New World of Medical Standards of Care, 29 Journal of Law, Medicine & Ethics 323 (2002).
• Randall R. Bovjberg & Joel L. Schumm, Judicial Policy and Quantitative Research: Indiana 's Statute of Limitations for Medical Practitioners, 31 Indiana Law Review 1050 (1998).
• Kinney, Indiana 's Medical Malpractice Reform Revisited: A Limited Constitutional Challenge, 31 Indiana Law Review 1043 (1998).
• Kinney, Malpractice Reform in the 1990s: Past Disappointments, Future Success? 20 Journal of Health Politics, Policy and Law 99 (1995).
• Kinney, Medical Practice Guidelines: Evolutionary Trends and Future Implications, in Health Care Delivery and Tort: Systems on a Collision Course? (E. Rolph, ed.), RAND, The Institute for Civil Justice, 1991.
• Kinney & Wilder, Medical Standard Setting in the Current Malpractice Environment: Problems and Possibilities, 22 U.C. Davis Law Review 421 (1989).

Regulation of Medical Practice

• Kinney, The Origins and Promise of Medical Standards of Care, Virtual Mentor: Ethics Journal of the American Medical Association (Dec. 2004), at http://www.ama-assn.org/ama/pub/category/print/14288.html.
• Kinney, Administrative Law Issues in Professional Regulation in T. Jost (ed.), Regulation of the Healthcare Professions (Ann Arbor: Health Administration Press, 1997).
• Clark & Kinney, Standards for the Care of Diabetes: Origins, Uses and Implications for Third-Party Payment, 15 Diabetes Care 10 (Supplement 1, 1992).