Health workforce redesign in Australia: implications for health care professional liability and the provision of professional indemnity insurance

The Productivity Commission's research report entitled Australia's Health Workforce, which was commissioned by the Commonwealth Government and released in January 2006, has been key to recent health workforce policy development. Many of the Productivity Commission's proposals have been endorsed by the Council of Australian Governments and a National Health Workforce Taskforce established to drive change. Surprisingly, the report gave little attention to medico-legal factors that may impact upon workforce supply and consequently may represent a barrier to workforce redesign. This column examines the implications of health workforce redesign and in particular the potential impact of task substitution and task delegation on professional liability and the provision of professional indemnity insurance for private sector health care professionals in Australia. It also identifies and addresses some other medico-legal issues not considered in the report.     

Tensions in private health insurance regulation

This article provides an analysis of the regulatory framework of Australian private health insurance linked to four major implicit regulatory objectives: promoting access to health insurance for consumers; promoting financial solvency and industry viability of registered health benefits organisations; promoting competition between registered health benefits organisations; and promoting accountability to consumers. Through an analysis of regulatory changes, case law and policy documents on the performance of the health insurance industry, it is argued that existing health insurance regulation exhibits inevitable tensions due to shifting and often conflicting government objectives about the role of private health insurance.     

Different countries, different needs: the role of private health insurance in developing countries

This article discusses the role of private health insurance (PHI) in developing countries. Three broad regional clusters are identified that share similar characteristics and policy challenges for the effective integration of private insurance into national health care systems: (1) Latin America and Eastern Europe, where there are already developed insurance industries facing important market and policy failures; (2) the Middle East/North Africa region and East Asia, where there is a projected strong growth of PHI that needs to be accompanied by efficient regulation; and finally, (3) South Asia and Sub-Saharan Africa, where PHI will only play a marginal role in the foreseeable future while the scaling up of small-scale, nonprofit insurance schemes appears to be of critical importance. Overall, this survey shows that the role of private insurance varies depending on the economic, social, and institutional settings in a country or region. Private health insurance schemes can be valuable tools to complement existing health-financing options only if they are carefully managed and adapted to local needs and preferences.     

Rebuilding the past: health care reform in post-Katrina Louisiana

After Hurricane Katrina, there was good reason to believe that a gaping window of opportunity had opened for Louisiana to revamp its safety-net health care system. But two years of discussions among stakeholders within Louisiana and extensive negotiations with federal officials resulted in no such change. This article argues that any explanation for this outcome needs to incorporate both structure and process. In terms of structure, the rules of the Medicaid disproportionate-share hospital (DSH) program give states substantial independent authority to decide which hospitals to fund. Federal authorities could not force Louisiana, which had historically turned its DSH money over to the state hospital system, to redirect it toward an insurance expansion. In the process of negotiation after Katrina, those who defended the institutions wedded to the prestorm status quo conducted a better strategy than their challengers. They narrowed the purview of the Louisiana Health Care Redesign Collaborative, set up to propose changes in the safety net to the federal government, such that the question of whether to rebuild Charity Hospital in New Orleans was off the table. Meanwhile, on a separate track, the state and the Department of Veterans Affairs successfully pursued a plan to jointly build replacement hospitals.     

Blending reform of tort liability and health insurance: a necessary mix

The thesis of this Article is that making more health insurance benefits available to more people, far from lessening injury victims' proclivity to sue in tort (as conventional wisdom argues), will increase such suits. Thus, it is necessary to accompany any increases in health care coverage with the type of tort reform proposed herein. This reform would allow parties to opt out of the cumbersome and expensive tort claim process with its compensation of noneconomic losses by substituting quicker and surer compensation of any unmet economic losses.     

Real reform begins within: an organizational approach to health care reform

Health care systems are under pressure to control their increasing costs, to better adapt to evolving demands, to improve the quality and safety of care, and ultimately to ameliorate the health of their populations. This article looks at a battery of organizational options aimed at transforming health care systems and argues that more attention must be paid to reforming the delivery mechanisms that are so crucial for health care systems' overall performance. To support improvement, policies can rely on organizational assets in two ways. First, reforms can promote the creation of new organizational forms; second, they can employ organizational levers (e.g., capacity development, team-based organizations, evidence-informed practices) to achieve specific policy goals. In both cases organizational assets are mobilized with a view to creating complete health care organizations -- that is to say, organizations that have the capacity to function as high-performing systems. The challenges confronting the development of more complete health care organizations are significant. Real health care system reforms may likewise require implementing ecologies of complex innovation at the clinical, organizational, and policy levels. Policies play a determining role in shaping these new spaces for action so that day-to-day practices may change.     

Crabs in a bucket: the politics of health care reform in California

In 1982 the state of California adopted a package of legislation collectively known as "the Medi-Cal reform." This article examines the background of this reform, the process through which it was adopted by the state legislature, and its effects on the various interests involved. In particular, the article focuses on the alteration of power relationships occasioned by the emergence of business interests as an active force in the formulation of health policy.     

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.     

The effects of tort reform on medical malpractice insurance markets: an empirical analysis.

I use statewide loss ratio data to assess empirically the manner in which tort reforms have affected relative prices and profitability, and underwriting risk in the medical malpractice insurance industry. The empirical evidence suggests that the imposition of statutory ceilings on recoveries both decreased risk and improved relative profitability. Reforms that codified the required standard of care appeared to have a beneficial effect on relative profitability in certain cases.     

欺诈骗取医保基金风险防范的国际比较

采取文献分析法梳理国内外欺诈骗取医保基金风险防范的发展及现况,总结和比较打击欺诈骗保对策,以期为我国提供有价值的参考和建议.欺诈骗保行为的表现形式及成因多样,我国可借鉴国际经验,首要是完善相关法律并成立专门机构,利用大数据技术等手段,加强对医疗服务提供方和需求方的监管.     

Reform and remembrance: the place of the private sector in the future of health care policy

Although the nation failed during the past decade to enact large-scale, structural change in government health policy, it has seen health care in the private sector remodeled dramatically during the same period. In this article I argue that a new round of equally significant changes is quite possible, this time at the hands of the national government. More specifically, I argue that for a variety of reasons, both enduring and more recently born, support for the private sector and the market in health care is relatively weak: that given likely trends in costs, demographics, and inequalities, it is likely to get even weaker; and that in the potential coming crisis of the health care system. there will be a real opportunity for seizing the agenda and winning policy battles on the part of would-be reformers pushing large-scale, public sector-oriented changes that go well beyond the recent reform efforts directed at managed care and HMOs.