2002 Articles

Penalizing Health Care Providers: Enforcement or Exploitation?

Abrams, Robert; Rosenberg, Philip; Swidler, Robert N.

The authors, health lawyers, recognize that "government plays an essential role in the oversight of health care." But they note an expansion in the amount and complexity of regulatory requirements, a trend toward more draconian penalties for violations, and greater resources, power and discretion for enforcement agencies. The articles calls for improving fairness through greater clarity of rules, specificity of requirements, substantive and procedural fairness, proportionality, support for compliance, and respect for providers.