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Medicine as a Public Calling.

Nicholas Bagley¹

¹University of Michigan Law School.

Michigan Law Review

|September 24, 2015

Summary

This summary is machine-generated.

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.

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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.