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78 N.C. L. Rev. 5 (1999-2000)
Drive-Through Deliveries: Is Consumer Protection Just What the Doctor Ordered

handle is hein.journals/nclr78 and id is 19 raw text is: DRIVE-THROUGH DELIVERIES: IS CONSUMER PROTECTION JUST WHAT THE DOCTOR ORDERED? DAVID A. HYMAN* Although consumer protection against managed care has become extraordinarily popular in the last few years, Professor David Hyman demonstrates in this Article that there are good reasons to be skeptical about the merits of legislative and regulatory efforts in this area. Professor Hyman analyzes one of the most popular consumer protection initiatives to date: legislation limiting or eliminating the economic incentive for early postpartum discharges-commonly referred to as drive-though deliveries. Once the issue came to public attention, laws limiting drive- through deliveries were enacted throughout the nation with breathtaking speed. Despite overwhelming legislative enthusiasm, Professor Hyman argues that the case in favor of such laws is actually quite flimsy. Professor Hyman demonstrates that the case for extended postpartum stays was based on unrepresentative horror stories and reluctance to make explicit cost/benefit tradeoffs in matters of public health and safety. INTRODUCTION ...................................................................................... 6 I. INSURANCE AND MANAGED CARE OVERVIEW ................... 11 A. Fundamentals of Insurance Economics and Law ........... 11 B. Managed Care Overview ................................................... 14 C. Cost-Quality and Quality-Quality Tradeoffs in Health Insurance ............................................................................ 16 II. REGULATING POSTPARTUM LENGTHS OF STAY .................. 18 A. Making the Case Against Drive-Through Deliveries ........... 18 B. State Legislative Initiatives ................................................. 24 * Professor of Law, University of Maryland School of Law. B.A. 1983, J.D. 1989, M.D. 1991, University of Chicago. This Article was improved by comments received during presentations at Columbia University, Harvard University, the University of Missouri at Columbia, the University of Virginia, and the University of North Carolina Schools of Law. Michael Heise, Russell Korobkin, Bill Reynolds, and Bill Richman provided detailed written comments. As always, errors of omission and commission are mine alone.

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