Justice and Fairness: A Critical Element in U.S. Health System Reform

Journal of Law, Medicine and Ethics 40 (3):582-597 (2012)

Abstract
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: a principle of social justice, the Just Sharing of the costs of illness, and 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 and, in the U.S., the existing legal guarantee of access to emergency care. The principles are widely shared in U.S. moral culture by conservatives and liberals alike. Similarly, across the political spectrum, the fact of market failure is not contested , and the guarantee of access to emergency care is rarely challenged. The conclusion generated by the principles is not only that insurance for a basic minimum of care should be mandatory but that the scope of that care should be lean, efficient, and constrained in its cost
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DOI 10.1111/j.1748-720X.2012.00691.x
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References found in this work BETA

Equality and Equal Opportunity for Welfare.Richard J. Arneson - 1989 - Philosophical Studies 56 (1):77 - 93.
Are There Any Natural Rights?H. L. A. Hart - 1955 - Philosophical Review 64 (2):175-191.
The Cultural Moral Right to a Basic Minimum of Accessible Health Care.Paul T. Menzel - 2011 - Kennedy Institute of Ethics Journal 21 (1):79-119.

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