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Justice and Profit in Health Care Law: A Comparative Analysis of the United States and the United Kingdom

Justice and Profit in Health Care Law: A Comparative Analysis of the United States and the United Kingdom

Author: Sabrina Germain
Publisher: Hart Publishing
ISBN: 9781509945429

Published In: October 2020
Format: Paperback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only
Hardback Edition ISBN: 9781509902705

List Price: RMB 343.09

RMB 332.79 Save RMB 10.30 (3%)

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Contents

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The issue of justice in the field of health care is becoming more central with concerns over access, cost and provision. Obamacare in the United States and the Health and Social Care Act 2012 in the United Kingdom are key examples illustrating the increasing pressure put on governments to find just and equitable solutions to the problem of health care provision. Justice and Profit in Health Care Law explores the influence of justice principles on the elaboration of laws reforming health care systems. By examining the role played by key for-profit stakeholders (doctors, employers and insurers), it tracks the evolution of distributive norms for the allocation of health care resources in western welfare states. Essentially, this book sheds light on the place given to justice in the health care law-making process in order to understand the place we wish to give these principles in future health care reforms.

1. Introduction

I. Justice, Profit and the Law

A. Profit and Health Care

B. Discourses of Justice

C. Legislative Intent

D. History and Health Care Reforms

II. Essential Elements of the Book

A. Methodological Considerations

B. Outline of the Book

2. Understanding Health Care as a Question of Justice

I. Introduction

II. Justice and the Allocation of Health Care Resources

III. Moral Political Philosophy and Universality of Care

A. Claims in Support of Universality of Care

B. Alternative Claims in Support of Universality of Care

C. Claims Against Universality of Care

IV. Organising Principles for Health Care Systems

A. The Principle of Solidarity

B. The Principle of Subsidiarity

V. Theories of a Right to Health and a Right to Health Care

A. The Egalitarian Perspective on a Right to Health Care

B. The Utilitarian Perspective on a Right to Health Care

C. The Communitarian Perspective on a Right to Health Care

D. The Libertarian Perspective on a Right to Health Care

E. Health as an Absolute Right

VI. Conclusion

3. For-Profit Stakeholders in American Health Care Policy

I. Introduction

II. The Overlapping History of American For-Profit Actors

A. Medical Professionals

B. Employers

C. Insurers

III. Contemporary Dynamics in Health Care Policy

A. The Issues: Costs and Other Barriers to Access Health Care

B. The Failed Solutions: Management and Cost-Containment

IV. Conclusion

4. Locating Ideas of Justice in American Health Care Reforms

I. Introduction

II. The Kerr–Mills Act (1960)

A. The Means Test and the New Welfare Category

B. Ideas of Liberal Equality

III. Medicare and Medicaid (1965)

A. Propositions from Insurers, Employers and the Medical Profession

B. Ideas of Welfare Equality

IV. The Health Maintenance Organization and Resources Development Act (1973)

A. A Cost Management Solution Supported by Insurers and Employers

B. Ideas of Libertarian and Communitarian Justice

V. The Affordable Care Act (2010)

A. Negotiating Universality Health Care with the For-Profit Sector

B. Libertarian Ideas of Justice Versus Ideas of Liberal Equality

C. An Unprecedented Judicial Battle

VI. Conclusion

5. For-Profit Stakeholders in British Health Care Policy

I. Introduction

II. The Medical Profession: A Defensive and Dissident Force

A. Establishing the Terms of the Concordat (1950s–70s)

B. Redefining the Roles (1980s–90s)

C. Adapting to the Dynamics of Consumerism in Health Care (2000s–the Present)

III. Private Initiatives in Health Care

A. Private Finance Initiatives: PFI and LIFT

B. Private Medical Insurance

C. The Independent Sector Responding to Consumerism in Health Care

IV. Conclusion

6. Locating Ideas of Justice in British Health Care Reforms

I. Introduction

II. The National Health Service Act (1946)

A. The Beveridge Report

B. The Foundations of the First Universal Health Care System

C. Ideas of Liberal Equality

III. The National Health Service and Community Care Act (1990)

A. Working for Patients

B. Ideas of Utilitarian Justice

IV. The Health and Social Care Act (2012)

A. Two White Papers, One Reform

B. Ideas of Libertarian Justice and Neoliberalism

V. Conclusion

7. Conclusion

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