"This book explores the influence of justice principles in the field of health care law. By examining the role played by key stakeholders, it tracks the evolution of distributive norms for the allocation of healthcare resources in western welfare states. The issue of justice in the field of health care is becoming more central, with concerns over access, cost and provision. Recent reforms such as Obamacare in the United States and NHS Social and Care Act in the United Kingdom have seen increased pressure on governments to find just and equitable solutions to the problem of healthcare provision. This book addresses the fundamental question of what role justice should play in the allocation of services in the field and offers a more optimal model for their distribution"--

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.

"[This book is] the most authoritative assessment of the advantages and disadvantages of recent trends toward the commercialization of health care," says Robert Pear of The New York Times. This major study by the Institute of Medicine examines virtually all aspects of for-profit health care in the United States, including the quality and availability of health care, the cost of medical care, access to financial capital, implications for education and research, and the fiduciary role of the physician. In addition to the report, the book contains 15 papers by experts in the field of for-profit health care covering a broad range of topicsâ€"from trends in the growth of major investor-owned hospital companies to the ethical issues in for-profit health care. "The report makes a lasting contribution to the health policy literature." â€"Journal of Health Politics, Policy and Law.

This volume brings together ten essays that have been published over a period of more than two decades in a wide range of venues and arranges them in such a way as to demonstrate the systematic progression of the author's thinking. This volume bridges the disciplinary chasm between Bioethics and Political Philosophy.

"Casebook for use in upper-level law school courses in health care law"--

The last fifteen years have seen a tremendous growth in the number of health rights cases focusing on issues such as access to health services and essential medications. This volume examines the potential of litigation as a strategy to advance the right to health by holding governments accountable for these obligations. It includes case studies from Costa Rica, South Africa, India, Brazil, Argentina and Colombia, as well as chapters that address cross-cutting themes. The authors analyze what types of services and interventions have been the subject of successful litigation and what remedies have been ordered by courts. Different chapters address the systemic impact of health litigation efforts, taking into account who benefits both directly and indirectly—and what the overall impacts on health equity are.

An introduction to the new health care for profit. Legal differences between investor-owned and nonprofit health care institutions. Wall Street and the for-profit hospital management companies. When investor-owned corporations buy hospitals: some issues and concerns. Physician involvement in hospital decision making. Economic incentives and clinical decisions. Ethical dilemmas of for-profit enterprise in health care. Secondary income from recommended treatment: should fiduciary principles constrain physician behavior?

"The best concise explanation of why the United States needs single-payer health care — and needs to widen the definition of health care itself."— The Washington Post Single payer healthcare is not complicated: the government pays for all care for all people. It’s cheaper than our current model, and most Americans (and their doctors) already want it. So what’s the deal with our current healthcare system, and why don’t we have something better? In Health Justice Now, Timothy Faust explains what single payer is, why we don’t yet have it, and how it can be won. He identifies the actors that have misled us for profit and political gain, dispels the myth that healthcare needs to be personally expensive, shows how we can smoothly transition to a new model, and reveals the slate of humane and progressive reforms that we can only achieve with single payer as the springboard. In this impassioned playbook, Faust inspires us to believe in a world where we could leave our job without losing healthcare for ourselves and our kids; where affordable housing is healthcare; and where social justice links arm-in-arm with health justice for us all.

This new textbook explores the world of healthcare law from business and ethical perspectives. It is designed to provide not only a broad survey of traditional healthcare law topics, including contracts, medical malpractice, institutional liability, and regulatory areas such as HIPAA and Stark, but also a deep dive into higher-order analysis of what makes the business of medicine unique. It does this by presenting ethical and professional conflicts in for-profit and entrepreneurial healthcare, by showing recent efforts at reform, and by engaging students with end-of-life care decisions and costs. Chapters include excerpts from seminal and cutting-edge articles and cases chosen to illustrate legal rules and concepts, as well as to present the boundaries of long-standing debates on matters of public policy, business strategy, and ethical considerations. Cases and readings are followed by questions and exercises for either individual or group use, designed to foster classroom discussion, written skills, and critical, interdisciplinary thinking.

Markets, not politics, are driving health care reform in America today. Inventive entrepreneurs have transformed medicine over the past ten years, and no end to this period of rapid change is in sight. Consumer anxieties over managed care are mounting, and medical costs are again soaring. Meanwhile, the federal government remains mostly on the health policy sidelines, as it has since the collapse of the Clinton administration's campaign for health care reform. This book addresses the changes that the market has wrought- and the challenges this transformation poses for courts and regulators. The law that governs the medical marketplace is an incomplete, overlapping patchwork, conceived mainly without medical care specifically in mind. The ensuing confusion and incoherence are a central theme of this book. Fragmentation of health care lawmaking has foreclosed coordinated, system-wide policy responses, and lack of national consensus on many of the central questions in health care policy has translated into legal contradiction and bitter controversy. Written by leading commentators on American health law and policy, this book examines the widely-perceived failings of managed care and the law's relationship to them. Some of the contributors treat law as a cause of trouble; others emphasize the law's potential and limits as a corrective tool when the market disappoints. The first two chapters present contrasting overviews of how the doctrines and decision-makers that constitute health law work together, for better or worse, to constrain the medical marketplace. The next six chapters address particular market developments and regulatory dilemmas. These include the power of state versus federal government in the health sphere, conflict between insureres and patients and providers over medical need, financial rewards to physicians for frugal practice, the role of antitrust law in the organization of health care provision and financing, the future of public hospitals, and the place of investor-owned versus non-profit institutions. Acknowledging the health sphere's complexities, the authors seek remedies that fit this country's legal, political, and cultural constraints and can contribute to reasoned regulatory goverance. Within limits they believe a measure of rationality is possible.