10.A.2 (or 3.A.2) -- Facility Licensure and Accreditation

For a revealing narrative account of how one hospital went about preparing for a JCAHO inspection, see J.B. Sardis, Pills, Policies, and Patients, 18(5) Health Aff. 156 (Oct. 1999).

One possible result of excess regulation may be to spur the the increasing trend, known of "medical tourism," of traveling overseas to receive medical care in foreign countries.  For the latest, see the updates to Chapter 1.C.3.  

For a thorough analysis of certification through Medicare and its relationship to JCAHO accreditation, see Lisa Sprague, Hospital Oversight in Medicare: Accreditation and Deeming Authority  (National Health Policy Forum, Issue Brief. 802, May 2005).

Assessing regulatory approaches in light of vastly expanded sources of information about quality and costs, see Madison, Kristin. Regulating health care quality in an information age, 40 UC Davis L. Rev. 1577-1652 (2007).

An important intellectual movement in administrative law is known as "new governance," which considers from an empirically-informed behavioral pespective a more diverse set of tools to accomplish regulatory goals than traditional "command and control" regulation.  For a review of applications to health care regulation, see Symposium, 2 Reg. & Governance 1 (2008).

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