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The United States Supreme Court and Health Law: The Year in Review

Published online by Cambridge University Press:  01 January 2021

Theodore W. Ruger
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Extract

Problems in the field of health law often force tradeoffs between uniformity and particularity in health care decision-making. Patients are highly diverse in terms of their basic health status, willingness to accept risk or uncertainty in new treatments, and ability to pay for care. And health care experts - doctors, research scientists, insurance company reviewers, and health economists - are similarly diverse in their perception of the best treatment and payment structure choices. In a world with such persistent heterogeneity of opinions and preferences, a society's choice between centralized rules for treatment and payment and a more diffuse decisional regime is both crucial and controversial. Opt for a uniform national rule - say, a federal statute governing treatment standards, drug approval, or health finance - and many beneficial autonomous transactions between doctors and patients are squelched, with possible detrimental effects on population health and medical innovation.

Type
Article
Information
Journal of Law, Medicine & Ethics , Volume 33 , Issue 3 , Fall 2005 , pp. 611 - 615
Copyright
Copyright © American Society of Law, Medicine and Ethics 2005

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References

See 29 U.S.C. §§1181–87 (Health Insurance Portability and Accountability Act of 1996), 42 U.S.C. §1395dd (Emergency Medical Treatment and Labor Act), and 29 U.S.C. §§1001–1461 (Employee Retirement Income Security Act).Google Scholar
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