Contracting for Health Care under the New Philippine UHC Act

2021 ◽  
Vol 54 (1) ◽  
pp. 98-115
Author(s):  
Ralph Schuhmann ◽  
Maria C. G. Bautista
Keyword(s):  
Health Care ◽  
General Trend ◽  
Network Governance ◽  
Legal Analysis ◽  
Relational Approach ◽  
The Law ◽  
Significant Change ◽  
Management Orientation ◽  
State Of Tension

The 2019 Philippine UHC Act provides one of the most recent examples of contractualization of health care. Despite the significant change it brings, it regulates contracting only marginally, so that the purpose and deployment of this mechanism remain largely unclear. This study examines how contracting under the new law can contribute to achieving the reform goals and, to this end, subjects the UHC Act and its Implementing Rules and Regulations to a socio-legal analysis. In the process, it becomes apparent that, contrary to the general trend, the law adheres to a decidedly hierarchical form of contracting, which is in a certain state of tension with the network-like organization it promotes and the use of contracting to realize development-oriented goals. To effectively implement the law's contracting concept, the authors suggest underpinning it with a more relational approach, a stronger management orientation of the executing entities, and the development of appropriate network governance concepts.

Historical Development

2018 ◽  
Author(s):  
Kubo Mačák
Keyword(s):  
International Law ◽  
Historical Development ◽  
General Trend ◽  
Armed Conflicts ◽  
Fundamental Transformation ◽  
State Actors ◽  
The Law ◽  
State Relations ◽  
Inter State ◽  
State Territory

This chapter traces the development of the law of belligerent occupation in order to identify trends relevant to the regulation of internationalized armed conflicts. It observes that despite the general grounding of this body of law in a state-centric paradigm, several isolated developments have contemplated the possibility of non-state actors becoming belligerent occupants of a portion of state territory. Moreover, the chapter highlights that the law of belligerent occupation has undergone a fundamental transformation as part of a general trend of individualization and humanization of international law. Therefore, it is no longer simply a brake on inter-state relations and a protector of states’ interests and institutions. Instead, the law has gradually brought individuals’ interests to the fore, putting persons before institutions and individuals before states. Overall, the chapter uncovers the historical reasons that support an extensive view of the applicability of the law of occupation to modern internationalized armed conflicts.

scholarly journals Changing Trends in Viral Hepatitis-Associated Hospitalizations in the American Indian/Alaska Native Population, 1995–2007

2011 ◽  
Vol 126 (6) ◽  
pp. 816-825 ◽  
Author(s):  
Kathy K. Byrd ◽  
John T. Redd ◽  
Robert C. Holman ◽  
Dana L. Haberling ◽  
James E. Cheek
Keyword(s):  
Health Care ◽  
Hepatitis C ◽  
Hepatitis B ◽  
American Indian ◽  
Viral Hepatitis ◽  
Alaska Native ◽  
Hepatitis A ◽  
Hospitalization Rate ◽  
Time Periods ◽  
Significant Change

Objective. We described the changing epidemiology of viral hepatitis among the American Indian/Alaska Native (AI/AN) population that uses Indian Health Service (IHS) health care. Methods. We used hospital discharge data from the IHS National Patient Information Reporting System to determine rates of hepatitis A-, B-, and C-associated hospitalization among AI/ANs using IHS health care from 1995–2007 and summary periods 1995–1997 and 2005–2007. Results. Hepatitis A-associated hospitalization rates among AI/AN people decreased from 4.9 per 100,000 population during 1995–1997 to 0.8 per 100,000 population during 2005–2007 (risk ratio [RR] = 0.2, 95% confidence interval [CI] 0.1, 0.2). While there was no significant change in the overall hepatitis B-associated hospitalization rate between time periods, the average annual rate in people aged 45–64 years increased by 109% (RR=2.1, 95% CI 1.4, 3.2). Between the two time periods, the hepatitis C-associated hospitalization rate rose from 13.0 to 55.0 per 100,000 population (RR=4.2, 95% CI 3.8, 4.7), an increase of 323%. The hepatitis C-associated hospitalization rate was highest among people aged 45–64 years, males, and those in the Alaska region. Conclusions. Hepatitis A has decreased to near-eradication levels among the AI/AN population using IHS health care. Hepatitis C-associated hospitalizations increased significantly; however, there was no significant change in hepatitis B-associated hospitalizations. Emphasis should be placed on continued universal childhood and adolescent hepatitis B vaccination and improved vaccination of high-risk adults. Prevention and education efforts should focus on decreasing hepatitis C risk behaviors and identifying people with hepatitis C infection so they may be referred for treatment.

scholarly journals Bringing the Law Back in the Law-Government Nexus in an Era of Network Governance

2020 ◽  
Author(s):  
Stavros Zouridis ◽  
Vera Leijtens
Keyword(s):  
Public Management ◽  
Management Practices ◽  
New Public Management ◽  
Network Governance ◽  
Public Institutions ◽  
Management Theory ◽  
Public Governance ◽  
The Public ◽  
New Public ◽  
The Law

Abstract Recently, scholars have claimed that public management theory has too much ignored law. Consequently, the under-legalized conception of public management has produced a flawed understanding of public management theory as well as public management practices, threatening public institutions’ legitimacy. In this article, we argue that law never left public management theory. Rather, the link between government and law has been redefined twice. We refer to the assumptions that constitute this link as the law-government nexus. This nexus changed from lawfulness in a public administration paradigm, to legal instrumentalism in a (new) public management paradigm, and to a networked concept in the public governance (PG) paradigm. In order to prevent a faulty over-legalized conception of public management, bringing the law back in should be built on lessons from the past. This article elaborates on three strategies to reconnect law and public management. We map the strengths and weaknesses of each law-government nexus and illustrate these with the case of the Dutch tax agency. In our strategies that aim to reconceptualize the current law-government nexus, we incorporate the benefits of each paradigm for public management theory. The revised law-governance nexus enables the PG paradigm to correspond to contemporary issues without encountering old pathologies.

MINNESOTA TAKES CONTROVERSIAL STEPS TO REFORM HEALTH CARE

PEDIATRICS ◽  
1994 ◽  
Vol 93 (4) ◽  
pp. 560-560
Author(s):  
J. F. L.
Keyword(s):  
Health Care ◽  
Health Care Providers ◽  
Health Reform ◽  
Income Tax ◽  
The State ◽  
Care Providers ◽  
Practice Parameters ◽  
The Law ◽  
Health Legislation ◽  
Care Costs

When Minnesota legislators last spring passed health legislation that included a tax on health care providers, many physicians thought the state had gone too far. As the state begins to implement the law, however (physicians will begin paying the tax in 1994), those same physicians are realizing that their troubles may have just begun. The tax is only one part of a larger health reform package that promises to change the way Minnesota physicians practice. Under the law, for example, the state will assign physicians to some patients. The law also requires the state to develop practice parameters and controls on technology... Beginning in 1994, physicians will pay a 2% income tax on their gross revenues. The tax, which will not be levied on Medicare or Medicaid services or on physicians employed by managed care providers, will help pay for health insurance for the state's approximately 400,000 uninsured. Many physicians opposed the legislation because it will cut into their pay... And to achieve its goal of reducing health care costs by 10% a year for five years, the state will develop and implement practice parameters in an attempt to avoid ineffective treatment.

scholarly journals DENATURALIZING CULTURE: SAYED KASHUA'S NEWSPAPER COLUMNS ON THE TOPIC OF PREJUDICE

2015 ◽  
Vol 5 (3) ◽  
pp. 911-933
Author(s):  
Juliana Portenoy Schlesinger
Keyword(s):  
Educational System ◽  
Jewish Population ◽  
Israeli Society ◽  
Muslim Community ◽  
The Law ◽  
Significant Change

Abstract Discrimination is a recurrent topic in the work of the Israeli-Arab writer Sayed Kashua. In the last couple of years, Sayed Kashua has moved away from writing about the prejudice expressed by his own Israeli Muslim community towards the Israeli Jewish population to focus his attention instead on the prejudice shown by Jews against Arabs in Israel. Self-criticism has always been a hallmark of Sayed Kashua's work so this shift indicates a significant change in the columnist's perception of his own society. Based on a survey of various issues relating to Israeli society, such as the law, the educational system and language, as well as a theoretical review of authors who observe a mutual alienation of Arabs and Jews in Israel, this article analyses several of Sayed Kashua's recent columns in the Israeli newspaper Haaretz. It also investigates how the author understands prejudice and, in a singular and surprising way, expresses his concerns and solutions to this problem.

scholarly journals On the Concept of Criminological Ratios of Unintentional Crime in Medical Assistance Rendering

2020 ◽  
Vol 11 ◽  
pp. 31-34
Author(s):  
Polina G. Gabay ◽  
Keyword(s):  
Health Care ◽  
Medical Care ◽  
Health Workers ◽  
Medical Personnel ◽  
Practical Significance ◽  
Healthcare Sector ◽  
Legal Analysis ◽  
Medical Assistance ◽  
Personal Relations

Purpose. To study the indices of carelessness in the provision of medical care from a criminological standpoint. Methodology: it includes the following methods: historical and legal, comparative legal, analysis and forecasting. Conclusions. 1. Elements of everyday carelessness in health care can be distinguished only conditionally and only in the sphere of relations that are within the framework of personal relations between medical personnel and patients. 2. The structure of health crime includes three groups of crimes: professional crimes of health workers; malfeasance of employees of the studied area; crimes, the responsibility for which arises for these subjects along with other persons. Scientific and practical significance. The conclusions presented in the article are aimed at increasing the effectiveness of counteracting careless criminality in the healthcare sector in the provision of medical care.

scholarly journals Gender Inequality in Indonesia: Facts and Legal Analysis

2021 ◽  
Vol 7 (4) ◽  
pp. 445-458
Author(s):  
Novia Puspa Ayu Larasati
Keyword(s):  
Women Workers ◽  
Women's Rights ◽  
Social Life ◽  
Women’S Rights ◽  
Legal Analysis ◽  
The World ◽  
The Law ◽  
Shared Commitment ◽  
The Right ◽  
Male Workers

the present time, the law is still considered discriminatory and not gender-just. Whereas the law should not regard gender to guarantee the fulfillment of women's rights. Women's rights are still not protected. Equality and elimination of discrimination against women are often the center of attention and a shared commitment to implement them. However, in social life, the achievement of equality of women's dignity still has not shown significant progress. So, if there is discrimination against women, it is a violation of women's rights. Women's rights violations occur because of many things, including the result of the legal system, where women become victims of the system. Many women's rights to work still have a lot of conflict about the role of women in the public sector. Today, discrimination against women is still very visible in the world of work. There are so many women who do not get the right to work. This research found that the structure of the company, rarely do we see women who get a place as a leader, in addition to the acceptance of female workers companies put many terms, such as looking attractive, not married, must stay in dormitory and so forth. Their salaries are sometimes different from male workers. Like male workers, women workers also have equal opportunities in the world of work. While there are many legislations governing the rights of women workers, it seems that many companies deliberately do not socialize it and even ignore the legislation just like that.

scholarly journals PHILOSOPHICAL AND LEGAL NATURE OF THE LAW PRINCIPLE: METHODOLOGICAL PROBLEMS OF RESEARCH

2020 ◽  
Vol 24 (3) ◽  
pp. 547-571
Author(s):  
Andrey V. Skorobogatov ◽  
Alexandr V. Krasnov
Keyword(s):  
Public Relations ◽  
Point Of View ◽  
Integrative Approach ◽  
Legal Analysis ◽  
Scientific Methods ◽  
Legal Nature ◽  
General Scientific ◽  
Methodological Problems ◽  
The Law ◽  
Ontological Aspect

The article explores the legal nature of law principles from the perspective of philosophical and legal analysis. The purpose of the article is to form scientifically based knowledge on the philosophical and legal nature of the category law principle using postclassical methodological tools. Research Methods: The methodology of the article is based on the postclassical scientific rationality. The authors use an integrative approach to the study of legal reality in combination with a phenomenological and synergetic methodology, thereby using a number of general scientific and special scientific methods in a particular logical system, which makes it possible to study law principles both ontologically, in terms of their role in law in general, and epistemologically as well as axiologically. Moreover, the content, functioning and development of law principles are considered phenomenologically, as well as in the context of law communication. Results: The law principle in the ontological aspect is a fundamental form of law, reflecting the most significant ideas concerning regulation of public relations; the law principle is used as a direct regulator along with the rule of law. The epistemological law principle can be interpreted as a generalizing category, reflecting interpretation and assessment of legal reality from the standpoint of postclassical methodology. From an axiological point of view, the law principle embodies the law and social values and traditions that are dominant within the framework of a given socio-cultural chronotope, and is also used as one of the fundamental tools for constructing legal reality and its development. Conclusions: the law nature of law principles is determined with the account of postclassical methodology onto-logically, epistemologically and axiologically, in terms of their dual role in formation, development and construction of legal reality at all of its levels, in the context of both objective and subjective factors. The findings can be applied in drawing up concepts of legal and judicial reforms in terms of targeted construction of legal reality, as well as in the process of predicting the development of the Russian legal system.

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