Stark II and physician compensation models: integrating business and legal issues

In March of 2004, the Centers for Medicare & Medicaid Services released new regulations that interpreted the Federal Physician Self Referral Act, otherwise known as Stark II. The new regulations, commonly referred to as the Phase II regulations, must be carefully considered when structuring physician compensation models. Stark II generally holds that physicians may not make a referral for designated health services to an entity with which they have a direct or indirect financial relationship. This Article outlines the provisions of Stark II that are applicable to physician compensation methodologies. In addition, the authors evaluate hypothetical transactions involving physician groups seeking viable compensation schemes and explore the validity and risks of each.     

Neo-liberalism and the Decline of Democratic Governance in Australia: A Problem of Institutional Design?

This paper is a preliminary attempt to evaluate changing patterns of democratic governance, at least in Westminster-style parliamentary settings, and possibly more generally. It has two specific purposes: first, to propose a paradigm for evaluating the empirical evolution of democratic governance; and second, to illustrate the explanatory potential of this paradigm through a mini-case study of changing patterns of governance in one particular polity. The conceptual framework is drawn from March and Olsen's eponymous study (1995) from which polar ('thick' and 'thin') forms of democratic governance are derived. Four conjectures about its evolution are then explored. First, in its mass party phase, the pattern of democratic governance approximated the 'thick' pole. Second, the subsequent evolution of democratic politics has been in the direction of the 'thin' (minimalist or populist) pole. Third, the cause of this shift was a failure to adapt political institutions to changing citizen identities, which was masked by the ascendancy amongst political elites of the neo-liberal account of governance. Fourth, the paper considers the means by which democratic governance might be renewed. The approach is applied to explain changes in Australian politics over recent decades.     

Learning from Abroad: The Role of Policy Transfer in Contemporary Policy-Making

In recent years there has been a growing body of literature within political science and international studies that directly and indirectly uses, discusses and analyzes the processes involved in lesson-drawing, policy convergence, policy diffusion and policy transfer. While the terminology and focus often vary, all of these studies are concerned with a similar process in which knowledge about policies, administrative arrangements, institutions and ideas in one political setting (past or present) is used in the development of policies, administrative arrangements, institutions and ideas in another political setting.
Given that this is a growing phenomenon, it is something that anyone studying public policy needs to consider. As such, this article is divided into four major sections. The first section briefly considers the extent of, and reasons for, the growth of policy transfer. The second section then outlines a framework for the analysis of transfer. From here a third section presents a continuum for distinguishing between different types of policy transfer. Finally, the last section addresses the relationship between policy transfer and policy "failure."     

There's Regulatory Crime, and then there's Landlord Crime: from 'Rachmanites' to 'Partners'

This article considers local authority strategies towards the regulation and prosecution of private landlords who commit the criminal offences of unlawful eviction and harassment. Generally, local authorities operate compliance-based strategies, rarely (if ever) resorting to prosecution. In seeking to explain this approach, the article draws upon the literature concerning regulatory crime, but also distinguishes local authority responses to landlord crime from regulatory crime as more typically conceived. Broadly, it is argued that, while there are clear parallels with other areas of regulatory activity, there is much that is different about landlord crime, particularly as a result of central government strategies towards the private rented sector, the legislative background to landlord crime, and the motivations behind local approaches to regulation.     

What does cost-benefit analysis add to decision making? Evidence from the criminal justice literature

This paper asks whether undertaking a cost-benefit analysis provides additional information to policy makers as compared to an analysis solely of the effect of an intervention. A literature review identified 106 evaluations of criminal justice interventions that reported both an effect size and measures of net benefit. Data on net benefit and effect size were extracted from these studies. We found that effect size is only weakly related to net benefits. The rank order of net benefits and effect size are minimally correlated. Furthermore, we found that the two analytic methods would yield opposing policy recommendations for more than one in four interventions. These bi-variate findings are supported by the results of multivariate models. However, further research is needed to verify the accuracy of the standard errors on net benefit estimates, so these models must be interpreted with caution.