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Administrative Procedures and Political Control of the Bureaucracy

Published online by Cambridge University Press:  01 August 2014

Steven J. Balla
Steven J. Balla*
Affiliation:
The George Washington University
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Abstract

Positive theorists have argued that administrative procedures enhance political control of the bureaucracy, in part by predisposing agencies toward policy choices preferred by legislators' favored constituents. Although this “deck-stacking” argument has been both influential and controversial, few scholars have subjected it to empirical examination. This article assesses the operation of a prominent administrative procedure—the notice and comment process—in the context of Medicare physician payment reform, a fundamental restructuring of the way in which the Medicare program pays for physician services. I find, contrary to the deck-stacking thesis, that the Health Care Financing Administration (HCFA) was more responsive to physicians expecting reductions in fees than to the intended beneficiaries of the new payment system. Although these results do not necessarily imply that Congress exerted little influence over HCFA decision making, they suggest that certain administrative procedures do not operate as instruments of political control.

Type
Research Notes
Information
American Political Science Review , Volume 92 , Issue 3 , September 1998 , pp. 663 - 673
Copyright
Copyright © American Political Science Association 1998

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References

REFERENCES

Aberbach, Joel D. 1990. Keeping a Watchful Eye: The Politics of Congressional Oversight. Washington, DC: Brookings Institution.Google Scholar
Bawn, Kathleen. 1995. “Political Control Versus Expertise: Congressional Choices about Administrative Procedures.” American Political Science Review 89(March):62–73.CrossRefGoogle Scholar
Brehm, John, and Gates, Scott. 1996. Working, Shirking and Sabotage: Bureaucratic Response to a Democratic Public. Ann Arbor: University of Michigan Press.Google Scholar
Dodd, Lawrence C., and Schott, Richard L.. 1979. Congress and the Administrative State. New York: Wiley.Google Scholar
Eisner, Marc Allen, and Meier, Kenneth J.. 1990. “Presidential Control versus Bureaucratic Power: Explaining the Reagan Revolution in Antitrust.” American Journal of Political Science 34(February):269–87.Google Scholar
Epstein, David, and O'Halloran, Sharyn. 1994. “Administrative Procedures, Information, and Agency Discretion.” American Journal of Political Science 38(August):697–722.CrossRefGoogle Scholar
Ferejohn, John A. 1987. “The Structure of Agency Decision Processes.” In Congress: Structure and Policy, ed. McCubbins, Mathew D. and Sullivan, Terry. Cambridge: Cambridge University Press. Pp. 441–61.Google Scholar
Fiorina, Morris P. 1989. Congress: Keystone of the Washington Establishment, 2d ed. New Haven, CT: Yale University Press.Google Scholar
Encyclopedia of Associations. 1991. Detroit, MI: Gale Research Inc.Google Scholar
Gujarati, Damodar N. 1995. Basic Econometrics, 3d ed. New York: McGraw-Hill.Google Scholar
Hamilton, James T. 1996. “Going by the (Informal) Book: The EPA's Use of Informal Rules in Enforcing Hazardous Waste Laws.” In Reinventing Government and the Problem of Bureaucracy, ed. Libecap, Gary D.. Greenwich, CT: JAI Press. Pp. 109–55.Google Scholar
Hamilton, James T., and Schroeder, Christopher H.. 1994. “Strategic Regulators and the Choice of Rulemaking Procedures: The Selection of Formal vs. Informal Rules in Regulating Hazardous Waste.” Law and Contemporary Problems 57(Winter):111–60.Google Scholar
Harris, Joseph P. 1964. Congressional Control of Administration. Washington, DC: Brookings Institution.Google Scholar
Hill, Jeffrey S., and Brazier, James E.. 1991. “Constraining Administrative Decisions: A Critical Examination of the Structure and Process Hypothesis.” Journal of Law, Economics, and Organization 7(Fall):373–400.Google Scholar
Horn, Murray J., and Shepsle, Kenneth A.. 1989. “Commentary on ‘Administrative Arrangements and the Political Control of Agencies’: Administrative Process and Organizational Form as Legislative Responses to Agency Costs.” Virginia Law Review 75(March):499–508.Google Scholar
Jencks, Stephen F., and Dobson, Allen. 1985. “Strategies for Reforming Medicare's Physician Payments: Physician Diagnosis-Related Groups and Other Approaches.” New Engfond Journal of Medicine 312(June):1492–99.Google Scholar
Kay, Terrence L. 1990. “Volume and Intensity of Medicare Physicians' Services: An Overview.” Health Care Financing Review 11(Summer):133–46.Google Scholar
Kerwin, Cornelius M. 1994. Rulemaking: How Government Agencies Write Law and Make Policy. Washington, DC: CQ Press.Google Scholar
King, Gary. 1988. “Statistical Models for Political Science Event Counts: Bias in Conventional Procedures and Evidence for the Exponential Poisson Regression Model.” American Journal of Political Science 32(August):838–63.Google Scholar
King, Gary. 1989. “Variance Specification in Event Count Models: From Restrictive Assumptions to a Generalized Estimator.” American Journal of Political Science 33(August):762–84.Google Scholar
Macey, Jonathan R. 1992. “Organizational Design and Political Control of Administrative Agencies.” Journal of Law, Economics, and Organization 8(April):93–110.Google Scholar
Magat, Wesley A., Krupnick, Alan J., and Harrington, Winston. 1986. Rules in the Making: A Statistical Analysis of Regulatory Agency Behavior. Washington, DC: Resources for the Future.Google Scholar
Marmor, Theodore R. 1992. The Politics of Medicare, 2d ed. Hawthorne, NY: Aldine de Gruyter.Google Scholar
Mashaw, Jerry L. 1990. “Explaining Administrative Process: Normative, Positive, and Critical Stories of Legal Development.” Journal of Law, Economics, and Organization 6(Special Issue): 267–98.CrossRefGoogle Scholar
McCubbins, Mathew D., Noll, Roger G., and Weingast, Barry R.. 1987. “Administrative Procedures as Instruments of Political Control.” Journal of Law, Economics, and Organization 3(Fall): 243–77.Google Scholar
McCubbins, Mathew D., Noll, Roger G., and Weingast, Barry R.. 1989. “Structure and Process, Politics and Policy: Administrative Arrangements and the Political Control of Agencies.” Virginia Law Review 75(March):431–82.Google Scholar
McCubbins, Mathew D., and Schwartz, Thomas. 1984. “Congressional Oversight Overlooked: Police Patrols versus Fire Alarms.” American Journal of Political Science 28(February):165–79.CrossRefGoogle Scholar
Moe, Terry M. 1985. “Control and Feedback in Economic Regulation: The Case of the NLRB.” American Political Science Review 79(December):1094–116.Google Scholar
Meo, Terry M. 1987. “An Assessment of the Positive Theory of ‘Congressional Dominance.’“ Legislative Studies Quarterly 12(November):475–520.Google Scholar
Ogul, Morris S. 1976. Congress Oversees the Bureaucracy: Studies in Legislative Supervision. Pittsburgh: University of Pittsburgh Press.Google Scholar
Pope, Gregory C., and Schneider, John E.. 1991. Trends in Physician Income, 1978–1988. Needham, MA: Center for Health Economics Research.Google Scholar
Rayack, Elton. 1967. Professional Power and American Medicine: The Economics of the American Medical Association. Cleveland: World.Google Scholar
Roback, Gene, Randolph, Lillian, and Seidman, Bradley. 1992. Physician Characteristics and Distribution in the U.S. Chicago: American Medical Association.Google Scholar
Robinson, Glen O. 1989. “Commentary on ‘Administrative Arrangements and the Political Control of Agencies’: Political Uses of Structure and Process.” Virginia Law Review 75(March):483–98.CrossRefGoogle Scholar
Rourke, Francis E. 1984. Bureaucracy, Politics, and Public Policy, 3d ed. Boston: Little, Brown.Google Scholar
Schattschneider, E. E. 1960. The Semisovereign People: A Realist's View of Democracy in America. Hinsdale, IL: Dryden.Google Scholar
Smith, David G. 1992. Paying for Medicare: The Politics of Reform. Hawthorne, NY: Aldine de Gruyter.Google Scholar
Spence, David G. 1996. “Testing the Procedural Control Hypothesis: FERC, Hydropower and the Environment.” Presented at the annual meeting of the American Political Science Association, San Francisco, CA.Google Scholar
Spence, David B. 1997. “Agency Policy Making and Political Control: Modeling Away the Delegation Problem.” Journal of Public Administration Research and Theory 7(April):199–219.Google Scholar
Starr, Paul. 1982. The Social Transformation of American Medicine: The Rise of a Sovereign Profession and the Making of a Vast Industry. New York: Basic Books.Google Scholar
U.S. Congress. House of Representatives. Subcommittee on Health of the Committee on Ways and Means. 1988. Payments of Physicians by the Medicare Program. 100th Cong., 2d sess., 24 May.Google Scholar
U.S. Congress. Senate. Subcommittee on Medicare and Long-Term Care of the Committee on Finance. 1989. Physician Payment Reforms. 101st Cong., 1st sess., 17 March and 20 April.Google Scholar
U.S. Congress. Senate. Subcommittee on Medicare and Long-Term Care of the Committee on Finance. 1991. Medicare Physician Payment Reform Regulations. 102d Cong., 1st sess., 19 July.Google Scholar
U.S. Department of Health and Human Services. Bureau of Health Professions. 1993. Factbook: Health Personnel—United States. Washington, DC: Government Printing Office.Google Scholar
U.S. Department of Health and Human Services. Health Care Financing Administration. 1989. Reports to Congress: Medicare Physician Payment. Washington, DC: Government Printing Office.Google Scholar
U.S. Department of Health and Human Services. Health Care Financing Administration. 1990. “Medicare Program: Model Fee Schedule for Physicians' Services.” Federal Register 55 (September 4).Google Scholar
U.S. Department of Health and Human Services. Health Care Financing Administration. 1991a. “Medicare Program: Fee Schedule for Physicians' Services, Proposed Rule.” Federal Register 56 (July 5).Google Scholar
U.S. Department of Health and Human Services. Health Care Financing Administration. 1991b. “Medicare Program: Fee Schedule for Physicians' Services, Final Rule.” Federal Register 56 (November 25).Google Scholar
U.S. Department of Labor. Bureau of Labor Statistics. 1994. Occupational Outlook Handbook. Washington, DC: Government Printing Office.Google Scholar
Weingast, Barry R., and Moran, Mark J.. 1983. “Bureaucratic Discretion or Congressional Control?: Regulatory Policymaking by the Federal Trade Commission.” Journal of Political Economy 91(October):765–800.CrossRefGoogle Scholar
West, William F. 1995. Controlling the Bureaucracy: Institutional Constraints in Theory and Practice. Armonk, NY: M. E. Sharpe.Google Scholar
White, Halbert. 1980. “A Heteroskedasticity-Consistent Covariance Matrix Estimator and a Direct Test for Heteroskedasticity.” Econometrica 48:817–838.CrossRefGoogle Scholar
Wilson, James Q. 1989. Bureaucracy: What Government Agencies Do and Why They Do It. New York: Basic Books.Google Scholar
Wood, B. Dan. 1988. “Principals, Bureaucrats, and Responsiveness in Clean Air Enforcements.” American Political Science Review 82(March):213–34.Google Scholar
Wood, B. Dan. 1990. “Does Politics Make a Difference at EEOC?” American Journal of Political Science 34(May):503–30.Google Scholar
Wood, B. Dan, and Waterman, Richard W.. 1991. “The Dynamics of Political Control of the Bureaucracy.” American Political Science Review 85(September):801–28.Google Scholar
Wood, B. Dan, and Waterman, Richard W.. 1993. “The Dynamics of Political-Bureaucratic Adaptation.” American Journal of Political Science 37(May):497–528.Google Scholar
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