Medicare program; competitive acquisition for certain durable medical equipment, prosthetics, orthotics, and supplies (DMEPOS) and other issues. Final rule

This final rule establishes competitive bidding programs for certain Medicare Part B covered items of durable medical equipment, prosthetics, orthotics, and supplies (DMEPOS) throughout the United States in accordance with sections 1847(a) and (b) of the Social Security Act. These competitive bidding programs, which will be phased in over several years, utilize bids submitted by DMEPOS suppliers to establish applicable payment amounts under Medicare Part B.     

Reducing inpatient hospital costs: an attempt at Medicaid reform in Illinois

While California's Medi-Cal program and Arizona's Health Care Cost Containment System have been subject to scholarly analysis, little has been written about a similar attempt at competitive bidding under Medicaid by Illinois. This article describes the process of implementing the Illinois Competitive Access and Reimbursement Equity (ICARE) program signed into law in 1984. The article examines hospital data and access implications for recipients and compares the Illinois program with other Medicaid contracting programs. A more thoughtful process of policy implementation is urged for such reform attempts in Medicaid.     

Counsel for the poor: An evaluation of contracting for indigent criminal defense

This paper examines the cost-effectiveness of contracting as an alternative to traditional assigned counsel and public defender systems for providing representation to poor people accused of crimes. Contracting has been endorsed by many as a means of conserving public resources while providing experienced counsel; it also has been criticized as a means of ensuring that minimal public investment, and hence minimally qualified representation, is offered to the poor. This study tests the hypothesis that contracting, particularly competitively bid contracting, is less costly than the alternatives, and offers some observations about variation in types of contract and the consequences of this variation for program costs. This study differs from most research on indigent defense in that it is based on survey data from all felony court jurisdictions in a single state, Michigan. The results suggest that competitive bidding is indeed less expensive than the alternatives, but simultaneously raise questions about the implications of this financial advantage for program quality. These findings also suggest that contracting, paradoxically, is adopted in small jurisdictions whose bars cannot support competitive bidding; as a result, these jurisdictions pay a high price for this type of program.     

Economic Sector Stabilization

Using a dynamic competitive disequilibrium model this paper determined that centrally directed sector resource stabilization or planning probably could not shorten the time for a developed economy to reach equilibrium. This is due to the disaggregation of data available centrally, an old concern. Therefore, the old issues of freedom and corruption under planning appear moot.     

To allot or not to allot public services? An incomplete contract approach

Using an incomplete contract framework, we analyze the consequences of allotment in public procurement. Allotment aims at dividing a public service into several lots that can be awarded to different operators. This increases the number of bidders during the competitive tendering, as well as it reduces the size of the service managed by each operator. We model the impacts of allotment both on price and quality of public services provided under public procurement. When the quality of services depends on non-contractible efforts made by the operators during the execution of the contract, our results show that (1) the operators have higher incentives to make non-contractible efforts when there is no allotment, and that (2) allotment does not maximize the joint payoffs of the public and private parties (i.e. the total surplus), but mainly benefits public authorities representing the users of the service.     

Medicare program; revisions to the durable medical equipment, prosthetics, orthotics, and supplies (DMEPOS) supplier safeguards. Final rule

This final rule removes the definition of "direct solicitation' and allows DMEPOS suppliers, including DMEPOS competitive bidding program contract suppliers, to contract with licensed agents to provide DMEPOS supplies, unless prohibited by State law. It also removes the requirement for compliance with local zoning laws and modifies certain State licensure requirement exceptions.     

NEW PROBLEMS IN CHINA’S HOUSING LEGISLATION AND ITS SOLUTIONS

Since China’s reform and opening up in 1978, the housing system in China had undergone two major reforms; currently, the third major reform (also called the second housing revolution) has started. This article analyzes the historical course of the reforms, investigates the gains and losses of the reforms, seeks the directions for deepening the reform of housing system, and in turn, establishes the patterns of housing construction and consumption in accordance with Chinese actual conditions. The report of the 17th National People’s Congress pointed out that “housing guarantee” is a heavy task “to ensure and improve people’s living standard, to promote social equity and justice, and to build a harmonious society.” The Real Right Law of China plays a positive role to protect housing rights, but it only gives limited protection of housing right. Meanwhile, the Real Right Law itself introduces new problems to the housing security. In order to protect housing rights and achieve the objective of “housing guarantee,” China needs to further improve the housing system and advance the housing legislation. The main approaches in this article include: (a) carrying out the “three-three housing policies,” there are basically three types of housing systems, three means of land provision, and three teams involved; (b) employing the bidding method of “four decisions and two biddings” for land supply, it means that the government should take the responsibility to decide land prices, construction standards, tax rates and profit rate; and the bidder is determined by scoring each of the bidders as for his house price bidding and building program bidding; (c) establishing the system of habitation right in China’s Housing Law and maximizing its function of social security; and (d) further improving relevant regulations in the proposed housing act or housing security law and paying attention to the establishment and implementation of supporting measures.     

Seats That May Not Matter: Testing for Racial Polarization in U.S. City Councils

Abstract: Critics of the Voting Rights Act claim that electoral structures used by city councils lead to racially polarized legislatures in which African American members are consistently outvoted by white majorities. Using council votes from six cities, this study shows that the critics' claim is exaggerated. In only one city were African American council members generally less likely to be on the winning side of votes because of their race. Polarization is more of a concern for particular issues: members with large black constituencies were less likely to be on the winning side of votes on housing or police affairs in four cities.     

论反不正当竞争中的知识产权问题

知识产权法与反不正当竞争法中的权利具有本原权利与救济权利之分,但两部法律在功能目标与保护对象方面有相通之处。我国的竞争立法,应采取规制不正当竞争行为与规制限制竞争及垄断行为的分别模式,扩大反不正当竞争法的适用主体范围,注意反不正当竞争法与相关民事立法的衔接和协调。在制裁不正当竞争行为方面,可考虑增加侵权行为认定的概括式条款,同时着力解决网络环境下反不正当竞争法面临的知识产权保护的新问题。     

Uniform prices for differentiated goods: The case of the movie-theater industry

Since the early 1970s, movie theaters in the United States have employed a pricing model of uniform prices for differentiated goods. At any given theater, one price is charged for all movies, seven days a week, 365 days a year. This pricing model is puzzling in light of the potential profitability of prices that vary with demand characteristics. Another unique aspect of the motion-picture industry is the legal regime that imposes certain constraints on vertical arrangements between distributors and retailers (exhibitors) and attempts to facilitate competitive bidding for films. We explore the justifications for uniform pricing in the industry and show their limitations. We conclude that exhibitors could increase profits by engaging in variable pricing and that they could do so more easily if the legal constraints on vertical arrangements are lifted.     

建造中船舶抵押面临的法律问题及对策

总结建造中船舶抵押在目前仍较为少见的原因,指出在造船业整体不景气的现阶段,建造中船舶抵押融资将会变得越来越常见。结合实践,分析建造中船舶抵押所面临的主要法律问题,并在此基础上提出相关措施及建议。     

Some pitfalls in creating competition between HMOs and fee-for-service delivery

This paper examines four propositions inherent in competitive approaches to containing the growth of health care expenditures: (1) that health maintenance organizations can deliver health care less expensively than the fee-for-service system; (2) that under certain competitive conditions, HMOs would prosper; (3) that HMO successes would force FFS insurers and providers to become more efficient; and (4) that creating the competitive conditions would be politically feasible. Reasons for doubting the latter three propositions are plentiful, and the strategy is therefore judged unlikely to succeed.     

Predatory bidding in competitive tenders: A Swedish case study

Public procurement by competitive tendering is an important part of European policies to encourage competition in network industries previously dominated by public companies. In recent years, the appearance of very low bids has become an issue in several countries. We discuss predatory bidding from a theoretical, practical and legislative point of view. A case of tendering for train services in Sweden is used to illustrate the possibilities to detect an abnormally low bid. An analysis of projected costs and revenues is complemented with a method using historical data on previous tenders. One conclusion is that there is scope for reform in national competition policies in European Union member states concerning multinational enterprises participating in local tenders. JEL Classification K21 · K23 · L12 · L43 · L92     

The changing locus of decision making in the health care sector

In the 1970s, the health policy debate focused on whether government or the medical profession should control the health care system. This article asserts that that struggle between two forms of centralized control was both less promising and less consequential than the devolution of decision-making authority upon consumers and their agents that is occurring today and that seems likely to continue as competitive forces become stronger and opportunities for meaningful consumer choice increases. What we are witnessing is the simultaneous deprofessionalization and depoliticization of important decisions affecting health care, a decentralization and diversification of the system that is opening new possibilities for translating diverse consumer desires into provider performance. Although covering much familiar ground, this article links a variety of seemingly discrete issues under the sterility of the competition-versus-regulation debate and to show the historical and ethical significance of the major changes that are under way in the health care sector today.     

The Telecommunications Law of the European Union

Abstract: This article is intended to give an overview of the law as it stands on telecommunications at the Community level. Over the past ten years the telecommunications law and policy of the European Community have developed rapidly along the twin axes of liberalisation (deregulation) and harmonisation (reregulation). The innovative use of Article 90 EEC has been central to liberalisation, while most harmonisation legislation has been based on open network provision (ONP) passed under Article 100a. The article concludes that, now the national monopolies have been largely dismantled, new issues will arise in the competitive market.     

The private sector and competition in health care markets

This paper reviews the historical trends in the regulatory and competitive approaches to containment of health care costs, covering efforts in both public and private sectors. The current interest in the potential of private-sector initiatives to stimulate competition in health care insurance and provider markets is highlighted. Since neither the workings of competition in health care nor the role and impact of the private sector in stimulating such competition are well understood, the concluding section discusses important research issues surrounding these topics.     

跨国公司控制模式的选择：基于知识互补性的视角

对子公司的控制是在保证跨国公司有效运转并实现组织目标过程中不可或缺的重要活动.在全球竞争中,为了实现整体竞争优势的最大化,跨国公司必须采用有效的、差异化的控制模式来整合和协调各子公司的价值创造活动.本文从知识互补性的角度出发,对跨国公司内的子公司控制模式进行分析,并据此提出了一个权变的包含若干变量的框架模型.     

PRICE SQUEEZE: LESSONS FROM THE TELECOM ITALIA CASE

This paper analyzes a price squeeze case in the provision oftelecommunication services to the Italian Public Administration,in which Telecom Italia, the incumbent company, was condemnedfor bidding below costs. We develop the analysis of the casehighlighting the possible anticompetitive story and the alternativecompetitive explanation. We then construct a quantitative imputationtest to verify the alleged anticompetitive behavior. The methodologicalissues and the assumptions needed to implement the test arediscussed in detail, showing their link to a precise test ofthe anticompetitive story. We discuss the reasons why the AntitrustAuthority and our views diverge over the evaluation of TelecomItalia bidding. The role of judicial review in cases with complexeconomic arguments is discussed.