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xviii | |
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xix | |
| Acknowledgments |
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xxiii | |
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xxv | |
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1 | (8) |
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PART I THE MEDICARE PROGRAM |
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9 | (21) |
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2.1 Enactment of the Medicare Program |
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9 | (6) |
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2.2 Evolution of the Medicare Program |
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15 | (4) |
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2.2.1 Fee-for-Service or "Original" Medicare |
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15 | (1) |
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2.2.2 Medicare HMOs and Medicare Part C |
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16 | (2) |
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2.2.3 The Medicare Prescription Drug Benefit and Medicare Part D |
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18 | (1) |
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2.3 Design of the Medicare Program |
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19 | (9) |
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19 | (2) |
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21 | (3) |
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24 | (1) |
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24 | (3) |
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27 | (1) |
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28 | (1) |
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2.4 Contributions of the Medicare Program |
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28 | (2) |
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3 Medicare Policy-Making Processes, Appeals, and Judicial Review |
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30 | (29) |
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3.1 Policy Making under the Medicare Program |
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30 | (16) |
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3.1.1 Predominant Medicare Policy-Making Process |
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32 | (5) |
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3.1.2 Medicare Coverage Policy Making |
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37 | (6) |
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3.1.3 Medicare Payment Policy Making |
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43 | (2) |
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3.1.4 Medicare Fraud and Abuse Policy Making |
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45 | (1) |
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46 | (5) |
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3.2.1 FFS Medicare Beneficiary Appeals |
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46 | (4) |
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3.2.2 Grievance Procedures and Appeals for Beneficiaries in MA Plans and PDPs |
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50 | (1) |
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3.2.3 HHS Departmental Appeals Board (DAB) |
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50 | (1) |
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3.3 Judicial Review of Medicare Program Policy and Decisions |
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51 | (8) |
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3.3.1 Bar to Federal Question Jurisdiction under the Social Security Act |
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52 | (2) |
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3.3.2 Judicial Review of Medicare Coverage Policy |
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54 | (2) |
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3.3.3 Statutory Preclusions of Judicial Review of Medicare Payment Policy |
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56 | (3) |
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4 Taming the Growth in Medicare Expenditures |
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59 | (24) |
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4.1 The Challenge of Inflation in Medicare Expenditures |
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60 | (15) |
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4.1.1 Institutional Provider Payment |
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61 | (9) |
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4.1.2 Physician and Other Fee-for-Service Provider Payment |
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70 | (4) |
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4.1.3 Health Plan Payment |
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74 | (1) |
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4.2 The Challenge of the Burgeoning Volume of Medicare Services |
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75 | (3) |
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4.2.1 Retrospective Utilization Review for Institutional Providers |
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76 | (2) |
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4.2.2 Volume Controls for Physicians and Other Fee-for-Service Providers |
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78 | (1) |
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4.3 Prospects for Success |
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78 | (5) |
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5 Improving the Quality of Health Care Services |
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83 | (29) |
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5.1 Enrollment in the Medicare Program |
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83 | (4) |
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5.1.1 Survey and Certification Process for Institutional Providers |
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84 | (3) |
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5.1.2 Enrollment of Physicians and Nonphysician Practitioners |
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87 | (1) |
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5.2 The Advent of Health Services Research |
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87 | (9) |
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5.2.1 The Development of Standards of Care and Quality Measures |
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90 | (1) |
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5.2.2 Health Service Research on Outcomes of Care |
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91 | (1) |
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5.2.3 Total Quality Management, Continuous Quality Improvement, and Patient Safety |
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92 | (1) |
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5.2.4 Small Area Analysis and Geographic Variation in Medicare Spending |
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93 | (1) |
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5.2.5 Social Determinants of Health |
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94 | (2) |
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5.2.6 Translating Medical Research Progress into Better Medical Practice |
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96 | (1) |
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5.3 Federal Investment in Health Services Research |
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96 | (10) |
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5.3.1 Early Programs in the Public Health Service |
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97 | (2) |
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5.3.2 The Agency for Healthcare Research and Quality (AHRQ) |
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99 | (2) |
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5.3.3 The Early HCFA Quality Initiatives |
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101 | (1) |
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5.3.4 CMS Quality Improvement Initiative |
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102 | (3) |
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5.3.5 The Clinical Translational Science Award Program |
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105 | (1) |
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5.4 Health Information Technology Development |
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106 | (4) |
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5.5 Prospects for Success |
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110 | (2) |
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6 Curbing Fraud and Abuse in the Medicare Program |
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112 | (25) |
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6.1 The Extent of the Problem |
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113 | (9) |
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6.1.1 False Statements, False Claims, and Kickbacks |
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116 | (1) |
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6.1.2 Physician Self-Referral |
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117 | (5) |
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6.2 Legal Prohibitions Regarding Fraud and Abuse |
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122 | (5) |
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6.2.1 False Claims and False Statements Prohibitions |
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122 | (1) |
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6.2.2 Antikickback Prohibitions |
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123 | (2) |
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6.2.3 Physician Self-Referral Prohibitions |
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125 | (2) |
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6.2.4 Criminal Health Care Fraud |
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127 | (1) |
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127 | (5) |
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6.3.1 Civil Monetary Penalties Act (CMPA) |
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128 | (1) |
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128 | (1) |
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6.3.3 Health Insurance Portability and Accountability Act of 1996 (HIPAA) |
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129 | (2) |
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6.3.4 Exclusions from Federal Healthcare Programs |
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131 | (1) |
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6.3.5 Administrative Review and Appeals |
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132 | (1) |
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6.4 Prospects for Success |
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132 | (5) |
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PART II THE AFFORDABLE CARE ACT AND THE MEDICARE PROGRAM |
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7 The Affordable Care Act |
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137 | (30) |
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7.1 Organization of the U.S. Health Care Sector |
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138 | (4) |
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7.1.1 Private Health Insurance Coverage |
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138 | (2) |
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7.1.2 Public Health Insurance Program |
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140 | (1) |
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141 | (1) |
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7.2 ACA Coverage Expansions and Protections |
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142 | (11) |
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7.2.1 Title I -- Quality, Affordable Health Care for All Americans |
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142 | (9) |
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7.2.2 Title II -- The Role of Public Programs |
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151 | (2) |
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7.2.3 The Community Living Assistance Services and Support Act |
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153 | (1) |
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7.3 Other Provisions of the ACA |
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153 | (4) |
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7.3.1 The ACA and Public Health |
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153 | (2) |
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7.3.2 The ACA and the Health Care Workforce |
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155 | (2) |
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7.3.3 Remaining Titles of the ACA |
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157 | (1) |
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7.4 Prospects for Success |
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157 | (10) |
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7.4.1 Success of Insurance Market Reforms in Title I |
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160 | (1) |
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7.4.2 Establishment of State and Federal Exchanges in Title I |
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160 | (3) |
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7.4.3 Mandates to Participate in the Insurance Marketplaces |
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163 | (1) |
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7.4.4 Medicaid Expansion and Reforms in Title II |
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164 | (1) |
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7.4.5 Public Health Reforms in Title IV |
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165 | (1) |
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7.4.6 Workforce Improvements in Title V |
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166 | (1) |
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8 Title III: Improving the Quality and Efficiency of Health Care |
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167 | (23) |
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8.1 Transforming the Health Care Delivery System |
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167 | (10) |
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8.1.1 Linking Payment to Quality Outcomes under the Medicare Program |
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168 | (1) |
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8.1.2 Developing a National Strategy to Improve Health Care Quality |
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169 | (2) |
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8.1.3 Developing New Patient Care Models |
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171 | (6) |
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8.2 Improving Medicare for Patients and Providers |
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177 | (4) |
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8.2.1 Ensuring Beneficiary Access to Physician Care and Other Services |
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177 | (2) |
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179 | (1) |
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8.2.3 Improving Payment Accuracy |
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179 | (2) |
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8.3 Provisions Relating to Part C |
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181 | (2) |
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8.4 Medicare Part D Improvements for Prescription Drug Plans and MA-PD Plans |
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183 | (3) |
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8.5 Ensuring Medicare Sustainability |
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186 | (1) |
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8.6 Health Care Quality Improvements |
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187 | (1) |
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8.7 Protecting and Improving Guaranteed Medicare Benefits |
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188 | (1) |
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8.8 Prospects for Success |
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189 | (1) |
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9 Major Initiative under Title III: Value-Based Purchasing of Health Care Services |
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190 | (29) |
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9.1 The Concept of Value-Based Purchasing |
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190 | (3) |
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9.2 Getting to Value-Based Purchasing |
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193 | (6) |
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9.2.1 Inpatient Acute Care Hospitals |
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195 | (1) |
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9.2.2 Physicians and Other Eligible Professionals |
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196 | (1) |
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9.2.3 Other Institutional Providers |
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197 | (2) |
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9.3 Value-Based Purchasing for Inpatient PPS Hospitals |
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199 | (7) |
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199 | (6) |
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9.3.2 Implementation Issues |
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205 | (1) |
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9.4 Value-Based Purchasing for Physicians and Other Health Professionals |
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206 | (10) |
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9.4.1 Improvements to the Physician Quality Reporting System |
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206 | (5) |
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9.4.2 Improvements to the Physician Feedback Program |
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211 | (2) |
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9.4.3 Maintenance of Certification Program (MOCP) |
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213 | (2) |
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9.4.4 Implementation Issues |
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215 | (1) |
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9.5 Value-Based Purchasing for Other Providers |
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216 | (1) |
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9.6 Prospects for Success |
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216 | (3) |
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10 Major Initiatives under Title III: Pilot Programs for Payment and Quality Reform |
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219 | (25) |
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10.1 The Medicare Shared Savings Program |
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219 | (10) |
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10.1.1 Development and Implementation of ACOs |
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220 | (1) |
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221 | (6) |
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10.1.3 Administrative Issues |
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227 | (1) |
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10.1.4 Current Models of ACOs |
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228 | (1) |
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10.2 National Pilot Program for Payment Bundling |
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229 | (5) |
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10.2.1 Getting to the Pilot on Payment Bundling |
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229 | (1) |
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230 | (3) |
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10.2.3 Administrative Issues |
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233 | (1) |
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10.3 Community Health Teams to Support Medical Homes |
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234 | (4) |
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10.3.1 Getting to the Medical Home Pilot |
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235 | (1) |
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10.3.2 Demonstration Design |
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236 | (2) |
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10.4 Prospects for Success |
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238 | (6) |
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10.4.1 The Shared Savings Program |
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239 | (3) |
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10.4.2 The National Pilot Program for Payment Bundling |
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242 | (1) |
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10.4.3 The Medical Home Pilot Demonstration |
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243 | (1) |
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11 Title VI: Improving Transparency and Program Integrity |
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244 | (30) |
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11.1 Physician Ownership of Specialty Hospitals |
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244 | (5) |
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11.1.1 The Rationale for the Prohibitions |
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245 | (1) |
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11.1.2 Requirements to Qualify for Whole Hospital or Rural Provider Exceptions |
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246 | (2) |
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11.1.3 Exception to Prohibition on Expansion of Facility Capacity |
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248 | (1) |
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11.1.4 Collection of Ownership and Investment Information |
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248 | (1) |
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249 | (1) |
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11.2 Transparency and Reporting Requirements for Physicians and Industry |
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249 | (10) |
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11.2.1 The Problem of Conflicts of Interest |
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249 | (4) |
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11.2.2 Transparency and Reporting of Physician Ownership and/or Investment Interests |
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253 | (5) |
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11.2.3 Disclosure Requirements for Physician Ownership of Imaging Services |
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258 | (1) |
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11.2.4 Reporting Requirements for Gifts of Prescription Drug Samples |
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258 | (1) |
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11.2.5 Transparency Requirements for Pharmacy Benefit Managers (PBMs) |
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258 | (1) |
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11.3 Nursing Home Transparency and Improvement |
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259 | (4) |
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11.3.1 Problems with Nursing Home Quality and Safety |
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260 | (3) |
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11.4 Subtitle D -- Patient-Centered Outcomes Research |
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263 | (1) |
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11.5 Medicare, Medicaid, and SCHIP Program Integrity Provisions |
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264 | (6) |
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11.5.1 Provider Screening and Other Enrollment Requirements under Medicare |
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264 | (1) |
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11.5.2 Enhanced Medicare and Medicaid Program Integrity Provisions |
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265 | (2) |
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11.5.3 Elimination of Duplication between HHS Data Banks |
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267 | (1) |
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11.5.4 Miscellaneous Program Integrity Provisions |
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267 | (1) |
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11.5.5 Expansion of the Recovery Audit Contractor (RAC) Program |
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268 | (2) |
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11.6 Prospects for Success |
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270 | (4) |
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11.6.1 Physician Ownership and Transparency |
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270 | (1) |
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11.6.2 Nursing Home Transparency and Improvement |
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271 | (1) |
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11.6.3 Medicare, Medicaid, and CHIP Program Integrity Provisions |
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272 | (2) |
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12 Major Initiative under Title VI: The Patient-Centered Outcomes Research Institute |
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274 | (31) |
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12.1 The Road to Comparative Effectiveness Research |
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275 | (3) |
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12.2 Patient-Centered Outcomes Research Institute |
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278 | (12) |
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278 | (1) |
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12.2.2 Purpose of the PCORI |
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279 | (1) |
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279 | (4) |
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12.2.4 Institutional Design, Governance, and Administration |
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283 | (2) |
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12.2.5 Dissemination and Building Capacity for Research |
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285 | (2) |
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12.2.6 Limitations on Use of Comparative Effectiveness Research |
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287 | (1) |
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12.2.7 Establishment and Funding of the Patient-Centered Outcomes Research Trust Fund (PCORTF) |
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288 | (2) |
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12.3 Prospects for Success |
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290 | (15) |
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12.3.1 Challenges for Patients |
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293 | (1) |
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12.3.2 Challenges for Physicians |
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294 | (3) |
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12.3.3 Challenges for Payers |
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297 | (1) |
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12.3.4 Challenges for Pharmaceutical and Medical Device Manufacturers |
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298 | (7) |
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PART III THE FUTURE OF MEDICARE IN A GLOBAL CONTEXT |
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13 The Impact of the Affordable Care Act on the Medicare Program |
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305 | (17) |
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13.1 Reforming the Medicare Program in the ACA |
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308 | (4) |
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13.2 Medicare as a Single Payer for Universal Coverage |
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312 | (7) |
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314 | (3) |
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13.2.2 Remaining Issues for Resolution |
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317 | (1) |
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13.2.3 Interest in a Single-Payet System |
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318 | (1) |
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13.3 The Burden of Ideology in Health Reform |
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319 | (3) |
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14 The Historical Foundations for Public Health Coverage in the United Kingdom, Canada, and the United States |
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322 | (18) |
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14.1 Constitutional Arrangements |
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323 | (10) |
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14.1.1 The Police Power and Federalism |
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324 | (6) |
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14.1.2 Impact of Federalism and Location of the Police Power over Health Policy |
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330 | (3) |
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14.2 Economic Conditions Following World War II |
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333 | (3) |
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333 | (1) |
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334 | (1) |
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335 | (1) |
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14.3 The Rhetoric of Health Reform in the United Kingdom, Canada, and the United States |
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336 | (4) |
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15 The Health Care Systems of the United Kingdom, Canada, and the United States |
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340 | (19) |
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15.1 Health Care in the United Kingdom |
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340 | (7) |
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15.1.1 Enactment of the National Health Service for England and Wales |
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341 | (2) |
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15.1.2 Evolution of the National Health Service for England and Wales |
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343 | (4) |
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15.2 Health Care in Canada |
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347 | (7) |
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15.2.1 Canadian Health Care in the Postwar Period |
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348 | (1) |
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15.2.2 Enactment and Evolution of Publicly Sponsored Health Insurance |
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349 | (5) |
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15.3 The Saga of Health Reform in the United States |
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354 | (5) |
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15.3.1 American Health Care in the Postwar Period |
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354 | (1) |
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15.3.2 Enactment of Public Health Insurance Programs at the State and Federal Levels |
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355 | (1) |
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15.3.3 American Health Care in the 1980s and 1990s |
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356 | (1) |
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15.3.4 Health Reform in the Twenty-First Century |
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357 | (2) |
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16 The United Kingdom, Canada, and the United States Compared |
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359 | (20) |
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16.1 Comparative Health Sector Performance |
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359 | (4) |
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16.2 Stakeholders and Their Influence |
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363 | (11) |
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364 | (7) |
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371 | (1) |
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16.2.3 Private Health Insurers |
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372 | (1) |
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16.2.4 Pharmaceutical and Medical Device Manufacturers and Suppliers |
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373 | (1) |
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16.3 Mechanisms for Social Control of Stakeholders |
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374 | (5) |
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374 | (1) |
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375 | (1) |
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376 | (3) |
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17 Convergence on Pragmatic Health Reform Strategies for Common Problems |
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379 | (22) |
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17.1 Common Solutions for Common Problems |
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380 | (13) |
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17.1.1 Enhancing Primary Care Delivery While Accommodating Integrated Specialty Care |
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382 | (5) |
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17.1.2 Coordinating Health Care Services across Provider Sites |
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387 | (2) |
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17.1.3 Getting Better Value for Payment |
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389 | (2) |
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17.1.4 Addressing Health Disparities |
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391 | (1) |
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17.1.5 Refocusing Health Care Delivery on Population Health |
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392 | (1) |
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17.2 Common Tools for Health Reform |
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393 | (6) |
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17.2.1 Health Services Research in Canada and the United Kingdom |
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394 | (2) |
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17.2.2 Adoption and Use of Information Technology |
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396 | (2) |
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17.2.3 The Promise of Comparative Effectiveness Research |
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398 | (1) |
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17.3 The Centrist Consensus |
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399 | (2) |
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18 Entrepreneurship in Health Care |
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401 | (26) |
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18.1 The Concept of Entrepreneurism |
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402 | (4) |
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18.1.1 Conventional, For-Profit Entrepreneurship |
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402 | (1) |
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18.1.2 Social Entrepreneurship |
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403 | (2) |
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18.1.3 Institutional Entrepreneurship |
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405 | (1) |
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18.2 Entrepreneurship in Health Care |
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406 | (10) |
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18.2.1 Productive Entrepreneurship |
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409 | (4) |
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18.2.2 Unproductive/Destructive Entrepreneurship in Health Care |
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413 | (3) |
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18.3 The Principle of Social Responsibility |
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416 | (3) |
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18.4 Opportunities for Productive Entrepreneurship in the ACA |
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419 | (5) |
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18.4.1 Opportunities in Title I |
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420 | (1) |
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18.4.2 Opportunities in Title II |
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420 | (1) |
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18.4.3 Opportunities in Title III |
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420 | (1) |
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18.4.4 Opportunities in Title IV |
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421 | (1) |
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18.4.5 Opportunities in Title V |
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421 | (1) |
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18.4.6 Opportunities in Title VI |
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422 | (2) |
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18.5 Entrepreneurship in the United Kingdom and Canada |
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424 | (3) |
| Epilogue |
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427 | (2) |
| Index |
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429 | |