Judicial Review of Health Care Planning and Capital Expenditures Review: Its Development and Significance for Regulatory Policy. Executive Summary

摘要

This analysis focused on judicial oversight of planners' principle enforcement tool--capital expenditures reviews under certificate-of-need (C/N) statutes and the federal sec. 1122 program. The objective was to analyze the basic law of health planning as it evolved through litigation. The Final Report covered all known lawsuits which resulted in final judicial decisions by September 1980, whether or not they were reported in the literature. From observations on the role of courts, two key conclusions for the design and operation of planning system were drawn. First, judges clearly view planning as administrative regulations; second, planners can clearly improve judicial outcomes by altering their methods of behavior.