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

摘要

The monograph is meant both to illustrate how lawyers and lawsuits have affected a major form of health regulation and to educate health planners and others involved in the process about legal decisions and how lawyers and courts think. It is aimed at lay readers, using a modified legal citation system and a minimum of jargon. Not only lawsuits but also relevant provisions of statutes and regulations are discussed, although not comprehensively. Planning law is a federal-state amalgam, and it is not possible to cover all jurisdictions in complete detail. Fortunately, the general outlines are similar from state to state under the National Health Planning and Resources Development Act of 1974 (the Planning Act). To some extent, this review serves as a primer on administrative law for health planning, but the main lesson to be learned may be when to call a lawyer. As many cases illustrate, good preventive lawyering can avoid unproductive disputes and make a considerable difference in regulatory outcomes.