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Health Planning and the Law: An Update on the Statute

Published online by Cambridge University Press:  01 January 2021

W. Thomas Berriman
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Extract

This column, the first in a series, addresses the legal background and program issues involved in comprehensive health planning, a concept that has become a permanent factor in the management of health care delivery. An examination of the 1974 Health Planning Act, its 1979 Amendments, and its evolution from voluntary planning to government control provides insights concerning the path of future regulation.

Planning for health care services originated in hospital and community initiatives that sought to guide the distribution of charitable and governmental funds to the neediest hospitals. Purely voluntary in nature, the success of these efforts depended almost entirely on the cooperation and acquiescence of the affected institutions, motivated primarily by their own desire to reduce competition among themselves in fund raising efforts. However, because the desirability of more services was usually assumed, little effort was made to measure the need for the services being proposed.

Type
Article
Information
Medicolegal News , Volume 8 , Issue 3 , June 1980 , pp. 10 - 12
Copyright
Copyright © American Society of Law, Medicine and Ethics 1980

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References

Hospital and Medical Facilities Amendments of 1964, 42 U.S.C. § 291 et seq.Google Scholar
42 U.S.C. § 246 et seq.Google Scholar
42 U.S.C. § 246(b)(2)(B).Google Scholar
42 U.S.C. § 1320a–1.Google Scholar
42 U.S.C. § 300–k et seq.Google Scholar
Health Planning and Resource Development Amendments of 1979, P.L. 96–79, see § 1620–21.Google Scholar
45 Fed. Reg. 20039 (March 26, 1980).Google Scholar
P.L. 93–641, Title XV, § 1527(e)(1)(A), added by P.L. 96–79, Oct., 1979.Google Scholar
Ibid., at § 1527(b).Google Scholar
Ibid., at § 1527(c).Google Scholar
P.L. 93–641, Title XVI, § 1620, added by P.L. 96–79, Oct., 1979.Google Scholar
Berriman, W.T., Regs Control the Planning Process As Well As the Plan, Hospitals 54(8): 51–54, at 52 (April 16, 1980).Google ScholarPubMed
P.L. 93–641, Title XV, § 1513(b)(2)(C), as amended Oct., 1979, 42 U.S.C. § 300/–2(b)(2)(c).Google Scholar
Ibid., § 1523(a)(7), 42 U.S.C. § 300m–2(a)(7).Google Scholar
Ibid., § 1531(5), 42 U.S.C. § 300n(5).Google Scholar
Since most of the funding to support planning derives from federal funds, planners expect that most of the important policy decisions will be made in Washington. See Berriman, W.T., P.L. 63–641 – Health Care Planning Becomes Mandatory, The Hospital Medical Staff 4(8): 1–9 (August 1975).Google ScholarPubMed
P.L. 93–641, Title XV, § 1513(g), as amended, P.L. 96–79, Oct., 1979, 42 U.S.C. §300/–2(g).Google Scholar
Ibid., at § 1523(a)(6), 42 U.S.C. § 300m–2(a)(6).Google Scholar
P.L. 93–641, Title XVI, §§ 1641 and 1644, added by P.L. 96–79, Oct., 1979.Google Scholar
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Ibid., § 1642(b)(2)(A) and (3)(A).Google Scholar