EU ‘Public Health’ and ‘Health-care’ Law and Policy

2019 ◽  
pp. 52-91 ◽  
Author(s):  
Anniek de Ruijter

Taking into consideration the central health provision in the Treaty, which outlines that health is to be ‘mainstreamed’ in all other EU policies, it could be inferred that EU public health and health-care policy and law is either non-existent as an autonomous policy area, or that it is basically everything, in that all EU public policy is also health policy. This puzzle forms the starting point for this chapter, which describes the nature of EU power in the field of human health currently. The chapter first, as an initial exploration, questions the existence of a European authoritative concept of ‘health’. Second, the chapter takes into consideration the nature of EU policymaking in general and regarding health in particular and develops a concept of EU health law and policy, distinguishing between EU public health and EU health-care law and policy. Last, to draw out the scope of EU health policy more specifically, a historical overview is given of the involvement of the EU in health. The chapter conceptualizes EU power in the field of human health as authoritative allocations of value through the European Union political system with the object of protecting and promoting human health. This conceptualization draws out the scope of policy that will be the central focus for the following chapters.

Author(s):  
Anniek de Ruijter

This book describes the expansion of EU power in health care and public health and analyses the implications of this expansion on EU health values and rights. The main conclusion of the book is that the EU is de facto balancing fundamental rights and values relating to health, implicitly taking on obligations for safeguarding fundamental rights in the field of health and affecting individuals’ rights sometimes without an explicit legal competence to do so. This brings to light instances where EU health policy has implications for fundamental rights and values without the possibility to challenge the exercise of power of the EU in human health. This begs the question of whether subsidiarity is still the most relevant legal principle for the division of powers and tasks among the Member States, particularly when EU policy and law involves the politically sensitive areas of health care and public health. This question draws out the parameter for continuing the debate on the role of the European Union in promoting its own values and the wellbeing of its peoples, in light of its ever-growing role in human health issues.


Author(s):  
G. T. Laurie ◽  
S. H. E. Harmon ◽  
E. S. Dove

This chapter begins with a discussion of the European market for health. It then analyses examples of those elements of EU health policy that contain a significant ‘rights’ dimension; outlines the legal framework for the rights dimension of health care policy in the EU; considers the emergence of elements of a European health policy; examines cross-border access to health care in the EU; and considers ethics in science and new technologies in the EU. The prospect of Brexit will not immediately remove nor necessarily diminish the influence of EU law on the field.


PEDIATRICS ◽  
1991 ◽  
Vol 88 (5) ◽  
pp. 1051-1051
Author(s):  
STUDENT

The proportion of children in the United States without private or public health insurance increased from roughly 13 percent to 18 percent between 1977 and 1987, according to a new study by the Agency for Health Care Policy and Research (AHCPR). The growth in the proportion of uninsured children in poor and low-income families over the decade was even more dramatic—it rose from 21 percent to 31 percent.


2018 ◽  
Vol 3 (2) ◽  
pp. 409-445 ◽  
Author(s):  
Daniel Lanford ◽  
Ray Block ◽  
Daniel Tope

AbstractRecent studies confirm that Anglxs’ racial attitudes can shape their opinions about the Affordable Care Act (ACA), particularly when this federal health care policy is linked to Barack Obama. Strong linkages made between Obama and the ACA cue Anglxs to apply their racialized feelings toward Obama to their health policy preferences. This is consistent with a growing body of research demonstrating that “racial priming” can have a powerful impact on Anglxs’ political opinions. Yet few studies have explored racialized policy opinion among minorities, and fewer still have explored racial priming among Latinxs. In this paper, we compare the effect of racial priming on the health policy preferences of Latinxs and Anglxs. Using survey evidence from the 2012 American National Election Study, we find important Anglx–Latinx differences in racialized policy preferences. However, we also find that racial priming has an effect on U.S.-born Latinxs that closely resembles its effect on Anglxs. Results suggest that increasing ethnic diversity in the United States will not necessarily produce increasingly liberal politics as many believe. American politics in the coming decades will depend largely on the ways in which Latinxs’ racial sympathies and resentments are mobilized.


Author(s):  
Erin N. Marcus ◽  
Olveen Carrasquillo Chief

2018 ◽  
Author(s):  
Bruce L Hall

The production of health as an output of various inputs is a key concept of health care economics and a key influence on health care policy. Similarly, the notion of risk—that an outcome might not turn out as expected or hoped—underpins the entire theory of insurance. Insurance, and the benefits it can provide, cannot be understood without understanding risk, or without understanding how the features of an insurance contract transform risk for the individual, the payer, or society. The health economist, policy maker, leader, expert operator, financier, insurer, clinician of any stripe, patient or family or advocate, or other interested stakeholder must always consider the structural, clinical, and economic anatomy of health care in the context of the underlying physiology of these economic concepts. This review contains 2 figures, 1 table, and 14 references. Key Words: health economics, health policy, health production, marginal return (diminishing), utility, inputs, QALY, risk (aversion or tolerance), insurance (contract features)


Author(s):  
Gunnar Almgren

Previous chapters have provided the historical context and the justification for a set of four core aims of health care policy in light of the requisites of citizenship in a democratic society, and then the basic structure of a reformed national health care system designed to achieve those core aims. Briefly stated, the four core policy aims include: comprehensive health insurance coverage with adequate and equal risk protection, the amelioration of disparities in health care access and quality, equitable comprehensive care and public health investments, and compensatory investments in health care services and public health infrastructure for groups adversely affected by health disparities. This chapter illuminates the major dimensions of health care system performance that are most closely linked to these core policy aims, the range of health care system measures specific to each dimension of performance, and those that appear optimal in light of validity and the pragmatics of data system design and sustainability. The chapter then concludes with a discussion of the criteria for health care policy “success”.


2019 ◽  
pp. 1-15
Author(s):  
Anniek de Ruijter

The first chapter outlines that most national health laws assume a special connection between health law and policy and fundamental rights and values. The denial or approval of authorization of a specific controversial medication, or the payment for health care in a Member State other than the home state of insurance—and many of the other questions and issues that are addressed in the EU with regard to human health—illustrate that the involvement of the EU in human health can also involve controversial questions, where fundamental rights, bioethical issues, regulatory problems, and redistributive choices may intertwine. This calls into question the power the EU has in this regard, particularly if we take into consideration that human health law and policy are often seen in light of a special reciprocal relationship with fundamental rights and values. Infringements of fundamental rights can harm human health, for instance in cases of torture, or discrimination against people with a particular disease such as HIV/AIDS or mental disorders. At the same time health policy can affect fundamental rights, such as when obligatory vaccination programmes or quarantines are ordered. Hence fundamental rights and values form a benchmark for analysing the legitimacy of health policy. The specific values and rights that are internal to health law set the agenda for this book.


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