Medicine as a Public Calling.
1University of Michigan Law School.
Summary
Government regulation of healthcare, like public utilities, is a viable option for controlling private medical spending. This approach, rooted in historical health law, challenges the current market-based focus.
Area of Science:
- Health Law and Economics
- Public Policy
- Healthcare Regulation
Background:
- The current debate on controlling private medical spending is polarized between single-payer systems and market-based solutions.
- The concept of regulating the medical industry as a public utility is often dismissed in policy discussions.
- Historical analysis of health law reveals a significant, yet often overlooked, influence of the public utility model.
Observation:
- The dismissal of the public utility model in healthcare regulation is based on a misunderstanding of its historical role.
- The public utility model has deeply influenced health law throughout the twentieth century and continues to have relevance.
- Closer economic regulation of the medical industry aligns with American governing institutions and political culture.
Findings:
- The public utility model for healthcare regulation is not incompatible with American traditions.
- Historical precedent demonstrates the long-standing application and effectiveness of utility-style regulation in healthcare.
- The perceived dominance of market-based approaches in healthcare may be less permanent than assumed.
Implications:
- Revisiting the public utility model offers a potential alternative or supplement to current healthcare cost-containment strategies.
- Understanding the historical application of utility regulation can inform future healthcare policy debates.
- The durability of utility-style regulation suggests a need for a more nuanced approach to healthcare market reform.
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