An Administrative Law Perspective on Government Social Service Contracts: Outsourcing Prison Health Care in New York City

Aman Jr., Alfred C.
July 2007
Indiana Journal of Global Legal Studies;Summer2007, Vol. 14 Issue 2, p301
Academic Journal
This paper explores how administrative law can mitigate the democracy deficit that may occur when privatization shifts political debate into relatively private arenas, changes its focus, or precludes debate altogether. It also argues that the prevailing form and key terms of globalization in the United States derive from neo-liberalism, particularly in the binary division of public/private and their conflation with legal regulation and market responsiveness, respectively. This paper centers specifically on a case study involving the outsourcing of health care for prisoners by a private, for-profit health care provider, Prison Health Services, using it as a means for exploring how a more effective merger of administrative law with the laws governing government contracts might occur. It analyzes two points of possible convergence between administrative law and government contract law--the contract writing phase and the oversight and monitoring activities that occur once the contract is in place, arguing that the historic purposes of government contracting law need to be reconceptualized.


Related Articles

  • Is medicare risk contracting right for your organization? Inzina, Thomas // hfm (Healthcare Financial Management);Feb97, Vol. 51 Issue 2, HFMA Applied p3 

    Presents `Is Medicare Risk Contracting Right for Your Organization?', a session of Healthcare Financial Management Administration. Overview of the session; Best way on how to get your money worth out of a seminar. INSET: HFMA professional development..

  • Firms see pressure, not profits. Scott, Lisa // Modern Healthcare;1/31/94, Vol. 24 Issue 5, p38 

    Reports on the impact of healthcare reform on contract management industry. Decline in sales and profits; Reconsideration of outsourcing agreements by hospital executives; Shift of financial risk to management firms; Trends in different sectors; Financial results in ten firms.

  • Study identifies key outsourcing best practices.  // hfm (Healthcare Financial Management);Jun98, Vol. 52 Issue 6, p21 

    Reveals the outsourcing practices of the healthcare industry in the United States based on a study conducted by VHA Inc. Growth forecast; Decision to outsource; Identification and selection of providers and vendors; Managing relationship and success measurement.

  • NO, YOU DO IT! Solovy, Alden // H&HN: Hospitals & Health Networks;10/20/96, Vol. 70 Issue 20, p40 

    Discusses the contracting or outsourcing of medical and other services by hospitals to other companies. Advantages of contracting out; Areas that hospitals need to contract the services of other companies; Growth opportunities for outsourcing firms. INSETS: Inside outsourcing (Todd...

  • Outsourcing moves into new territory. Hensley, Scott // Modern Healthcare;01/13/97, Vol. 27 Issue 2, p39 

    Reports that a growing number of hospitals in the United States are cutting costs by hiring outsiders for a wide array of tasks. Comments from Daniel Neufelder, executive vice president of Memorial Hospital of South Bend, Indiana; Packaging of traditional outsourced services; What services are...

  • Outsourcing: Asking the right questions. Surpin, Jo; Weideman, Geri // Health Systems Review;Jul/Aug96, Vol. 29 Issue 4, p16 

    Discusses the pitfalls of outsourcing for health care organizations. First principles; Outsourcing requirements; Contract management; Hazards.

  • Wiltshire to say yes to ...141m contracts.  // Public Finance;05/03/96, p5 

    Announces that health authority in Wiltshire is now in a position to agree outstanding contracts with six trusts in its area. Amount of the contract.

  • Adventures in outsourcing. Sandrick, Karen M. // Health Facilities Management;Jul96, Vol. 9 Issue 7, p22 

    Focuses on the outsourcing and subcontracting of the services in the medical care industry in the United States. Overall facilities management budget; Extent of outsourcing.

  • Whitney to stick with Lake Whitney EMS.  // Lakelander (Whitney, TX);9/9/2009, Vol. 23 Issue 36, p1 

    The article reports on the decision of Whitney City Council of Texas to stay with present partner on emergency medical transportation service Lake Whitney EMS, while other unincorporated areas will soon be served by CareFlight Ground.


Read the Article


Sorry, but this item is not currently available from your library.

Try another library?
Sign out of this library

Other Topics