2018

DOI: 10.2139/ssrn.3250215

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Overlapping Legal Rules in Financial Regulation and the Administrative State

Matthew C. Turk

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“…Regulatory overlap presents a significant barrier to conducting health policy studies, 8,9 particularly in health service settings 10,11 . Regulatory overlap results from two or more regulations intersecting through overlapping jurisdictions 8 or context‐specific policies 9 . While the Federal government regulates hospitals, state and local agencies also have authority over various aspects of hospital operations 8 .…”

Section: Introductionmentioning

confidence: 99%

“…While the Federal government regulates hospitals, state and local agencies also have authority over various aspects of hospital operations 8 . Multiple levels of government and multiple governing agencies are not the only source of this overlap 9 . State agencies commonly use multiple levels of licensure and certification to regulate health service settings, responding to the different health needs within the population served 11 .…”

Section: Introductionmentioning

confidence: 99%

“…8 Multiple levels of government and multiple governing agencies are not the only source of this overlap. 9 State agencies commonly use multiple levels of licensure and certification to regulate health service settings, responding to the different health needs within the population served. 11 For example, hospitals, or units within hospitals, might serve patients with acute, traumatic, long-term, or mental health needs, or patients who are indigent.…”

Section: Introductionmentioning

confidence: 99%

“…10,11 Regulatory overlap results from two or more regulations intersecting through overlapping jurisdictions 8 or context-specific policies. 9 While the Federal government regulates hospitals, state and local agencies also have authority over various aspects of hospital operations. 8 Multiple levels of government and multiple governing agencies are not the only source of this overlap.…”

Section: Introductionmentioning

confidence: 99%

“…Regulatory overlap presents a significant barrier to conducting health policy studies, 8,9 particularly in health service settings 10,11 . Regulatory overlap results from two or more regulations intersecting through overlapping jurisdictions 8 or context‐specific policies 9 .…”

Section: Introductionmentioning

confidence: 99%

See 4 more Smart Citations

Connecting policy to licensed assisted living communities, introducing health services regulatory analysis

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,

³

et al. 2021

Health Services Research

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Objective: To document dementia-relevant state assisted living regulations and their changes over time as they pertain to licensed care settings.Data Sources: For all states, current directories of licensed assisted living communities and state regulations for each year, 2007-2018, were obtained from state agency websites and Nexis Uni, respectively. Study Design:We identified multiple types of regulatory classifications for each state and documented the presence or absence of specific dementia care provisions in the regulations for each type by study year. Maps and summary statistics were used to compare results to previous research and document change longitudinally. Data Collection/Extraction Methods:We used a policy analysis approach to connect communities listed in directories to applicable regulatory text. Then, we employed policy surveillance and question-based coding to record the presence or absence of specific policies for each classification and study year.Principal Findings: Our team empirically documented provisions requiring dementiaspecific training for administrators and direct care staff, and cognitive impairment screening for each study year. We found that 23 states added one or more of these requirements for one or more license types, but the states that had these provisions for all types of licensed assisted living declined from four to two. Conclusions:We identified significant, previously undocumented, within-state policy variation for assisted living licensed settings between 2007 and 2018. Using the regulatory classification instead of the state as the unit of analysis revealed that many policy adoptions were limited to dementia-designated settings. This suggests that people living with dementia in general assisted living are not afforded the same protections. We call our approach health services regulatory analysis and argue that it has the potential to identify gaps in existing policies, an important endeavor for health services research in assisted living and other care settings.

“…Regulatory overlap presents a significant barrier to conducting health policy studies, 8,9 particularly in health service settings 10,11 . Regulatory overlap results from two or more regulations intersecting through overlapping jurisdictions 8 or context‐specific policies 9 . While the Federal government regulates hospitals, state and local agencies also have authority over various aspects of hospital operations 8 .…”

Section: Introductionmentioning

confidence: 99%

“…While the Federal government regulates hospitals, state and local agencies also have authority over various aspects of hospital operations 8 . Multiple levels of government and multiple governing agencies are not the only source of this overlap 9 . State agencies commonly use multiple levels of licensure and certification to regulate health service settings, responding to the different health needs within the population served 11 .…”

Section: Introductionmentioning

confidence: 99%

“…8 Multiple levels of government and multiple governing agencies are not the only source of this overlap. 9 State agencies commonly use multiple levels of licensure and certification to regulate health service settings, responding to the different health needs within the population served. 11 For example, hospitals, or units within hospitals, might serve patients with acute, traumatic, long-term, or mental health needs, or patients who are indigent.…”

Section: Introductionmentioning

confidence: 99%

“…10,11 Regulatory overlap results from two or more regulations intersecting through overlapping jurisdictions 8 or context-specific policies. 9 While the Federal government regulates hospitals, state and local agencies also have authority over various aspects of hospital operations. 8 Multiple levels of government and multiple governing agencies are not the only source of this overlap.…”

Section: Introductionmentioning

confidence: 99%

“…Regulatory overlap presents a significant barrier to conducting health policy studies, 8,9 particularly in health service settings 10,11 . Regulatory overlap results from two or more regulations intersecting through overlapping jurisdictions 8 or context‐specific policies 9 .…”

Section: Introductionmentioning

confidence: 99%

See 3 more Smart Citations

Connecting policy to licensed assisted living communities, introducing health services regulatory analysis

¹

,

²

,

³

et al. 2021

Health Services Research

View full text Add to dashboard Cite

Objective: To document dementia-relevant state assisted living regulations and their changes over time as they pertain to licensed care settings.Data Sources: For all states, current directories of licensed assisted living communities and state regulations for each year, 2007-2018, were obtained from state agency websites and Nexis Uni, respectively. Study Design:We identified multiple types of regulatory classifications for each state and documented the presence or absence of specific dementia care provisions in the regulations for each type by study year. Maps and summary statistics were used to compare results to previous research and document change longitudinally. Data Collection/Extraction Methods:We used a policy analysis approach to connect communities listed in directories to applicable regulatory text. Then, we employed policy surveillance and question-based coding to record the presence or absence of specific policies for each classification and study year.Principal Findings: Our team empirically documented provisions requiring dementiaspecific training for administrators and direct care staff, and cognitive impairment screening for each study year. We found that 23 states added one or more of these requirements for one or more license types, but the states that had these provisions for all types of licensed assisted living declined from four to two. Conclusions:We identified significant, previously undocumented, within-state policy variation for assisted living licensed settings between 2007 and 2018. Using the regulatory classification instead of the state as the unit of analysis revealed that many policy adoptions were limited to dementia-designated settings. This suggests that people living with dementia in general assisted living are not afforded the same protections. We call our approach health services regulatory analysis and argue that it has the potential to identify gaps in existing policies, an important endeavor for health services research in assisted living and other care settings.

Banking Regulation in Israel: Balancing Systemic Stability and Consumer Protection

¹

2020

Regulation in Israel

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