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Published on: February 16, 2011
Social Solidarity in Health Care, American-Style
Erin C Fuse Brown1, Matthew B Lawrence1, Elizabeth Y McCuskey1
1Erin C. Fuse Brown, J.D., M.P.H., is an Associate Professor of Law and Director of the Center for Law, Health & Society at Georgia State University College of Law. Elizabeth Y. McCuskey, J.D., is a Professor of Law, University of Massachusetts School of Law. Matthew B. Lawrence, J.D., is an Associate Professor of Law, Emory University School of Law. Lindsay F. Wiley, J.D., M.P.H., Professor of Law and Director of the Health Law and Policy Program at American University Washington College of Law.
Abstract:
The ACA shifted U.S. health policy from centering on principles of actuarial fairness toward social solidarity. Yet four legal fixtures of the health care system have prevented the achievement of social solidarity: federalism, fiscal pluralism, privatization, and individualism. Future reforms must confront these fixtures to realize social solidarity in health care, American-style.
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