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  1. Beyond the Market: The Role of Constitutions in Health Care System Convergence in the United States of America and the United Kingdom.Jamie Fletcher & Jane Marriott - 2014 - Journal of Law, Medicine and Ethics 42 (4):455-474.
    Health care reform in the United States and United Kingdom has resulted in the cross-fertilization of policy. The “new” health care models adopted by the two jurisdictions utilize free market principles for reasons of quality, efficiency, and cost, but also feature characteristics of a state-run model, through the provision of a safety net for citizens and a buffer against the commodification of health. In this sense, the health care systems of the US and UK are more congruent than they were. (...)
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  • Beyond the Market: The Role of Constitutions in Health Care System Convergence in the United States of America and the United Kingdom.Jamie Fletcher & Jane Marriott - 2014 - Journal of Law, Medicine and Ethics 42 (4):455-474.
    Two narratives have emerged to describe recent health care reforms in the United States of America and the United Kingdom. One narrative speaks of revolution, that the adoptions of the Affordable Care Act 2010 in the US, and the Health and Social Care Act 2012 in the UK, have resulted in fundamental, large-scale philosophical, political and legal change in the jurisdictions’ respective health care systems. The other narrative evokes evolution, identifying each new legislative scheme as a natural development of existing (...)
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  • From Health Care Reform to Public Health Reform.Micah L. Berman - 2011 - Journal of Law, Medicine and Ethics 39 (3):328-339.
    According to Congressional Budget Office projections, the Patient Protection and Affordable Care Act — assuming it survives the pending legal challenges and is fully implemented — will provide health insurance to 34 million additional Americans by 2021. This will increase the percentage of non-elderly Americans with health insurance from the current rate of 83 percent to 95 percent. Although enactment of the Affordable Care Act constitutes a historic step forward in the nearly century-long effort to ensure universal health insurance coverage, (...)
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  • From Health Care Reform to Public Health Reform.Micah L. Berman - 2011 - Journal of Law, Medicine and Ethics 39 (3):328-339.
    Even when turning its attention to public health topics such as preventive care and workplace wellness, the Affordable Care Act law embodies a highly individualistic paradigm of health. The provisions of the law implicitly assign the primary responsibility for prevention to individuals, who should be urged to make more responsible and healthier choices about what they consume and how they live. Relatively little in the law reflects the “population perspective” set forth in public health scholarship that focuses on environmental and (...)
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