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date: 21 June 2018

Abstract and Keywords

This chapter examines the paradoxical relationship between health law and innovation in healthcare delivery in the United States. More specifically, it explains how health law both constrains and advances welfare-enhancing delivery system reform. The chapter first provides an overview of definitional issues and the common problems that many delivery system innovations try to address. It next considers representative reforms: retail clinics, gainsharing, comparative-effectiveness research, and coordinated care models such as medical homes and accountable care organizations. It then identifies common themes and recurring patterns in the way law impacts delivery system innovation, including health law’s patient protection orientation, how it furthers path dependence, the regulatory difficulty in measuring the value of delivery system change, and the challenges that arise from incentivizing physicians.

Keywords: health law, innovation, healthcare reform, retail clinics, gainsharing, medical homes, accountable care organizations, physicians, healthcare delivery, incentives

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