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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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