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  1. Courts, Expertise and Resource Allocation: Is There a Judicial 'Legitimacy Problem'?Keith Syrett - 2014 - Public Health Ethics 7 (2):112-122.
    Courts are increasingly obliged to adjudicate upon challenges to allocative decisions in healthcare, but their involvement continues to be regarded with unease, imperilling the legitimacy of the judicial role in this context. A central reason for this is that judges are perceived to lack sufficient expertise to determine allocative questions. This article critically appraises the claim of lack of judicial expertise through an examination of the various components of a limit-setting decision. It is argued that the inexpertise argument is weak (...)
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  • Consumer Sovereignty in Healthcare: Fact or Fiction? [REVIEW]M. Joseph Sirgy, Dong-Jin Lee & Grace B. Yu - 2011 - Journal of Business Ethics 101 (3):459-474.
    We pose the question: Is consumer sovereignty in the healthcare market fact or fiction? Consumer sovereignty in healthcare implies that society benefits at large when healthcare organizations compete to develop high quality healthcare products while reducing the cost of doing business (reflected in low prices), and when consumers choose wisely among healthcare products by purchasing those high quality products at low prices. We develop a theoretical model that encourages systematic empirical research to investigate whether consumer sovereignty in healthcare is fact (...)
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  • Justice and Fairness: A Critical Element in U.S. Health System Reform.Paul T. Menzel - 2012 - Journal of Law, Medicine and Ethics 40 (3):582-597.
    The case for U.S. health system reform aimed at achieving wider insurance coverage in the population and disciplining the growth of costs is fundamentally a moral case, grounded in two principles: (1) a principle of social justice, the Just Sharing of the costs of illness, and (2) a related principle of fairness, the Prevention of Free‐Riding. These principles generate an argument for universal access to basic care when applied to two existing facts: the phenomenon of “market failure” in health insurance (...)
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  • Slouching Toward Managed Care Liability: Reflections on Doctrinal Boundaries, Paradigm Shifts, and Incremental Reform.Wendy K. Mariner - 2001 - Journal of Law, Medicine and Ethics 29 (3-4):253-277.
    Following the seemingly endless debate over managed care liability, I cannot suppress thoughts of Yeats’s poem, “The Second Coming.” It is not the wellknown phrase, “Things fall apart; the centre cannot hold,” that comes to mind; although that could describe the feeling of a health-care system unraveling. The poem’s depiction of lost innocence — “The best lack all conviction, while the worst/Are full of passionate intensity” — does not allude to the legislature, the industry, the public, or the medical or (...)
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  • Slouching Toward Managed Care Liability: Reflections on Doctrinal Boundaries, Paradigm Shifts, and Incremental Reform.Wendy K. Mariner - 2001 - Journal of Law, Medicine and Ethics 29 (3-4):253-277.
    Following the seemingly endless debate over managed care liability, I cannot suppress thoughts of Yeats’s poem, “The Second Coming.” It is not the wellknown phrase, “Things fall apart; the centre cannot hold,” that comes to mind; although that could describe the feeling of a health-care system unraveling. The poem’s depiction of lost innocence — “The best lack all conviction, while the worst/Are full of passionate intensity” — does not allude to the legislature, the industry, the public, or the medical or (...)
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  • Conserving Scarce Resources: Willingness of Health Insurance Enrollees to Choose Cheaper Options.Samia A. Hurst, J. Russell Teagarden, Elizabeth Garrett & Ezekiel J. Emanuel - 2004 - Journal of Law, Medicine and Ethics 32 (3):496-499.
    Health care costs have been rising steadily in most industrialized countries. These increases are driven primarily by technological advances and, to a lesser degree, by aging of the population. Many factors make it unlikely that market forces alone will limit increases in the costs of health care. These unremitting increases make health care rationing appear both necessary and inevitable.One of the least controversial mechanisms for rationing could be to allow patients to make their own choices as to which kinds of (...)
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  • Eliminating Conflicts of Interest in Managed Care Organizations Through Disclosure and Consent.Martin Gunderson - 1997 - Journal of Law, Medicine and Ethics 25 (2-3):192-198.
    It is often claimed that managed care organizations involve physicians in conflicts of interest by creating financial incentives for physicians to refrain from ordering treatments or making referrals. Such incentives, the argument goes, force the physician to balance the patient's health interests against the MCO's interests and the physician's own financial interest. I assume, for the sake of argument, that such arrangements at least provide reason to believe that physicians in MCOs are involved in conflicts of interest. Two approaches have (...)
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  • Eliminating Conflicts of Interest in Managed Care Organizations Through Disclosure and Consent.Martin Gunderson - 1997 - Journal of Law, Medicine and Ethics 25 (2-3):192-198.
    It is often claimed that managed care organizations involve physicians in conflicts of interest by creating financial incentives for physicians to refrain from ordering treatments or making referrals. Such incentives, the argument goes, force the physician to balance the patient's health interests against the MCO's interests and the physician's own financial interest. I assume, for the sake of argument, that such arrangements at least provide reason to believe that physicians in MCOs are involved in conflicts of interest. Two approaches have (...)
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  • Ulysses Contracts and the Nocebo Effect.Y. M. Barilan - 2012 - American Journal of Bioethics 12 (3):37-39.
    The American Journal of Bioethics, Volume 12, Issue 3, Page 37-39, March 2012.
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  • Rethinking Professional Ethics in the Cost-Sharing Era.G. Caleb Alexander, Mark A. Hall & John D. Lantos - 2006 - American Journal of Bioethics 6 (4):W17-W22.
    Changes in healthcare financing increasingly rely upon patient cost-sharing to control escalating healthcare expenditures. These changes raise new challenges for physicians that are different from those that arose either under managed care or traditional indemnity insurance. Historically, there have been two distinct bases for arguing that physicians should not consider costs in their clinical decisions?an ?aspirational ethic? that exhorts physicians to treat all patients the same regardless of their ability to pay, and an ?agency ethic? that calls on physicians to (...)
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  • Teaching Residents to Consider Costs in Medical Decision Making.Elmer D. Abbo & Angelo E. Volandes - 2006 - American Journal of Bioethics 6 (4):33 – 34.