David M. Frankford
Professor of Law
David M. Frankford is a specialist in bioethics and health care law, a professor at the Rutgers Institute for Health, Health Care Policy and Aging Research, faculty director at Camden of the Center for State Health Policy and the editor of Behind the Jargon at the Journal of Health Politics, Policy and Law, having previously served as book review and associate editor.
Biography
Professor Frankford teaches courses and seminars on antitrust, bioethics, health care law, health care transactions and health care fraud and abuse. He is a professor at the Rutgers Institute for Health, Health Care Policy and Aging Research in New Brunswick; and the faculty director at Camden of the Rutgers Center for State Health Policy. He has been a long-time editor of Journal of Health Politics, Policy and Law, having served as book review editor, associate editor and the editor of “Behind the Jargon,” a Special Section.
Prior to joining the Rutgers faculty in 1990, Professor Frankford clerked for the Honorable Irving L. Goldberg of the U.S. Court of Appeals for the Fifth Circuit; worked as an associate at Wilmer, Cutler & Pickering in Washington, DC; served as an associate professor at the University of Miami School of Law; and was in private practice in Philadelphia. He has also been a visiting associate professor at both the Benjamin N. Cardozo School of Law and Temple University School of Law.
Professor Frankford’s writings have focused on the interactions between health services research, health care politics and policy, and the institutions of professions and professionalism. His works include studies of state rate setting, hospital reimbursement, the regulation of fee splitting, the debates concerning privatization and national health insurance, the ideology of professionalism, the role of professionalism in medical education, the role of scientism and economism in health policy, issues of insurance coverage, and numerous other issues in health care financing. With Sara Rosenbaum, he is the author of the second edition of Law and the American Health Care System.
He has been involved in many grants to the Rutgers Center for State Health Policy, offering analysis on such topics as state pharmacy assistance programs and hospital responses to mandatory medical error reporting. He also has participated in bioethics projects at The Hastings Center and the Center for Bioethics at the University of Pennsylvania. Currently his primary research interests concern the reconstitution of professionalism as the normative integration of professions and community, and the comparison of secular and religious bioethics regarding such issues as the new genetics.
Publications
Books:
Rosenbaum S & Frankford DM, et al. Law and the American Health Care System. 2nd Ed., Foundation Press, 2012.
Rosenbaum S & Frankford DM, et al. Teacher’s Manual to Law and the American Health Care System. 2nd Ed. Foundation Press, 2013.
Rosenbaum S & Frankford DM. 2012-15 Supplement to Law and the American Health Care System. 2nd Ed., Foundation Press, 2015.
Rosenblatt RE, Rosenbaum S, Frankford DM. Law and the American Health Care System. 2001-2002 Supplement. Foundation Press.
Articles:
Tanenbaum SJ, Frankford DM. The Politics of Health Services Research: The Case of Pay-for-Performance. In Preparation.
Russell RL, Konrad TR, Frankford DM. The Primacy of Humane Values in Curricular Reform. In Preparation.
Russell RL, Frankford DM, Konrad TR. Learning the Practice of Ethics: Institutionalization of Lived Ethics in Medical Education. In Preparation.
Frankford DM, Patterson MA, Konrad TR. The Use of Action Research in Community-Based Projects in Health Care. In Preparation.
Frankford DM, Konrad TR. An Institutional Framework for Responsive Medical Professionalism. In Preparation.
Frankford DM, Rosenbaum, S. Taming Healthcare Spending: Could State Rate Setting Work? Robert Wood Johnson Foundation 2017: http://www.cshp.rutgers.edu/publications/taming-healthcare-spending-could-state-rate-setting-work.
Frankford DM, Rosenbaum, S. Taming Healthcare Spending: Could State Rate Setting Work? Health Affairs Blog 2017: http://healthaffairs.org/blog/2017/03/20/taming-health-care-spending-could-state-rate-setting-work/.
Frankford DM, Rosenbaum, S. A Survivalist Guide to Teaching ERISA. Saint Louis U. L. J. 2016; 61(3): 495-510.
Frankford DM. It’s the Prices, Advanced Capitalism, and the Need for State Rate Setting — Stupid. J. Law, Med. & Ethics 2016; 44(4):569-75.
Frankford DM, Bennington LK, Ryan, JG. Womb Outsourcing: Commercial Surrogacy in India. American Journal of Maternal/Child Nursing 2015; 40(5):284-90.
Frankford D, Rosenbaum S. Go Slow on Reference Pricing: Not Ready for Prime Time. Health Affairs Blog 2015: http://healthaffairs.org/blog/2015/03/09/go-slow-on-reference-pricing-not-ready-for-prime-time/#comment-1238118.
Frankford D, Rosenbaum S. Go Slow on Reference Pricing: Why the Federal Agencies Have It Wrong on Regulations. Health Affairs Blog 2015: http://healthaffairs.org/blog/2015/03/09/go-slow-on-reference-pricing-why-the-federal-agencies-have-it-wrong-on-regulations/.
Fox K, Trail T, Frankford D, Crystal S. State Pharmacy Discount Programs: A Viable Mechanism for Addressing Prescription Drug Affordability? NYU Annual Survey of American Law 2004; 60(2): 187-240.
Frankford DM, Patterson MA, Konrad TR. Transforming Practice Organizations to Foster Lifelong Learning and Commitment to Medical Professionalism. Academic Medicine 2000; 75(7): 708-17.
Rosenbaum SR, Frankford DM, Moore B, Borzi P. Who Should Determine When Health Care Is Medically Necessary? New England Journal of Medicine 1999; 340(3): 229-32.
Frankford DM, Konrad TR. Responsive Medical Professionalism: Integrating Education, Practice, and Community in a Market-driven Era. Academic Medicine 1998; 73(2): 138-45.
Frankford DM. The Normative Constitution of Professional Power. Journal of Health Politics, Policy and Law 1997; 22(1): 185-221.
Frankford DM. Food Allergy and the Health Care Financing Administration: A Story of Rage. Widener Law Symposium Journal 1995; 1(1): 160-265.
Frankford DM. Managing Medical Clinician’ Work Through the Use of Financial Incentives. Wake Forest Law Review 1994; 29(1): 71-105.
Frankford DM. Scientism and Economism in the Regulation of Health Care. Journal of Health Politics, Policy and Law 1994; 19(4): 773-99.
Frankford DM. The Complexity of Medicare's Hospital Reimbursement System: Paradoxes of Averaging. Iowa Law Review 1993; 78(3): 517-668.
Frankford DM. The Medicare DRGs: Efficiency and Organizational Rationality. Yale Journal on Regulation 1993; 10(2): 273-346.
Frankford DM. Privatizing Health Care: Economic Magic To Cure Legal Medicine. Southern California Law Review 1992; 66(1): 1-98.
Frankford DM. Creating and Dividing the Fruits of Collective Economic Activity: Referrals Among Health Care Providers. Columbia Law Review 1989; 89(8): 1861-1938.
Book Chapters:
Frankford DM. Paying for Healthcare. In I Glenn Cohen et. al, eds. The Oxford Handbook of U.S. Health Law forthcoming 2015; __-__, Oxford University Press, published ahead of print, http://www.oxfordhandbooks.com/view/10.1093/oxfordhb/9780199366521.001.0001/oxfordhb-9780199366521-e-39.
Frankford DM. The Treatment/Enhancement Distinction as an Armament in the Policy Wars. In Parens E (ed). Enhancing Human Traits: Ethical and Social Implications 1998; 70-94, Georgetown University Press.
Frankford DM. Professions and the Law. In Hafferty FW, McKinlay JB (eds). The Changing Medical Profession: An International Perspective 1993; 43-53, Oxford University Press.
Essays and Review Essays:
Frankford DM. The Remarkable Staying Power of “Death Panels.” Journal of Health Politics, Policy and Law 2015: 40(5): 1087-1101.
Frankford, DM. At Least We’re Still Free to Choose to Die at Home: A CLASS Act. Journal of Health Politics, Policy and Law 2011; 36(3): 533-38.
Frankford DM. Unchanging New Leadership. Journal of Health Politics, Policy and Law 2003; 28(2-3): 509-15.
Frankford DM. Social and Political Dis-ease. Journal of Health Politics, Policy and Law 1999; 24(1): 181-96.
Frankford DM. Regulating Managed Care: Pulling the Tails to Wag the Dog. Journal of Health Politics, Policy and Law 1999; 24(5): 1191-1200.
Frankford DM. Institutions of Reflective Practice. Journal of Health Politics, Policy and Law 1997; 22(5): 1295-1308.
Frankford DM. Donald Black’s Social Structure of Right and Wrong: Normativity Without Agents. Law and Social Inquiry 1995; 20(3): 787-803.
Frankford DM. The Critical Potential of the Common Law Tradition. Columbia Law Review 1994; 94(3): 1076-1123.
Frankford DM. Measuring Health Care: Political Fate and Technocratic Reform. Journal of Health Politics, Policy and Law 1994; 19(3): 647-62.
Frankford DM. Neoclassical Health Economics and the Debate over National Health Insurance: The Power of Abstraction. Law and Social Inquiry 1993; 18(2): 351-91.
Commentaries and Introductions:
Frankford, DM. Dehumanizing a Most Human Practice. Journal of Health Politics, Policy and Law 2011; 36(4): 763-70.
Frankford DM. Book Review Editor’s Introduction, to Review Symposium: Vulnerable Populations. Journal of Health Politics, Policy and Law 2002; 27(1): 109-10.
Frankford DM. Book Review Editor’s Introduction, to Review Symposium: Remembering Present and Future Institutions of Health Care. Journal of Health Politics, Policy and Law 2001; 26(3): 635-37.
Frankford DM. Book Review Editor’s Introduction, to The Politics of Medicare: A Thirty-Year Retrospective on Ted Marmor’s Classic Work. Journal of Health Politics, Policy and Law 2001; 26(1): 121-22.
Frankford DM. Book Review Editor’s Introduction, to Review Symposium on Women’s Health. Journal of Health Politics, Policy and Law 2000; 25(3): 565-66.
Frankford DM. Book Review Editor’s Introduction, to Review Symposium: The New Debate over Euthanasia and Physician-Assisted Suicide. Journal of Health Politics, Policy and Law 2000; 25(2): 377-78.
Frankford DM. Special Section Editor’s Note, to Special Section: Community, Professions, and Participation. Journal of Health Politics, Policy and Law 1997; 22(1): 101-04.
Frankford DM. The Ethical Obligations of Compassionate Supply. Health Care Analysis 1996; 4(3): 222-24.
Research Reports
Tiedemann A, Cantor JC, Koller M, Frankford DM. Sustaining the Charitable Mission of Horizon Blue Cross Blue Shield after Conversion to a For-Profit Corporation: Issues and Best Practices. New Brunswick, NJ: Center for State Health Policy, Rutgers University, 2003.