The various subagencies of the HHS have opposing positions on the use of private accreditation in health care regulation, due to their different views of their missions. The use of the private delegation doctrine, an obscure constitutional doctrine, in health care cases in court is examined.
Michael J. Astrue,
Health Care Reform and the Constitutional Limits on Private Accreditation as an Alternative to Direct Government Regulation,
57 Law and Contemporary Problems
Available at: http://scholarship.law.duke.edu/lcp/vol57/iss4/4