Part I of this Essay provides an overview of hospital and physician quality reporting in the United States today. It compiles examples of quality report cards, examines empirical evidence of report cards' impact, and discusses report cards' problems, including barriers to consumer use and deficiencies in content and quality. Part II reviews legal issues that have arisen with respect to quality reporting, focusing on controversies surrounding health insurers' use and publication of physician performance measures. It traces the roles of various stakeholders in responding to these controversies and shows how the resolutions reached address broader policy concerns about quality measures. Drawing on the discussion in Parts I and II, Part III describes how various stakeholders can take fuller advantage of quality reporting's benefits.
Kristin Madison, The Law and Policy of Health Care Quality Reporting, 31 Campbell L. Rev. 215 (2009).