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My goals are modest. First, I will draw upon my personal experience during six-and-a-half years at the Department of Health and Human Services ("HHS") to make a few cultural observations about the agency in an effort to suggest why different parts of it approach private accreditation in different ways. Second, I will discuss some of the possible limitations on the use of private accreditation in the health care area, including the private delegation doctrine, a dormant area of constitutional law so treacherous that it seems to have appeal to both former Justice Brennan and Chief Justice Rehnquist as a vehicle for judicial activism.

Health Care Reform and the Constitutional Limits on Private Accreditation as an Alternative to Direct Government Regulation