Are principles ever properly ignored? A reply to Beauchamp on bioethical paradigms
When vitalism is dead wrong: the discrimination against and torture of incompetent patients by compulsory life-sustaining treatment
Rationing through choice: a new approach to cost-effectiveness analysis in health care
Protecting our mentally ill: a critique of the role of Indiana state courts in protecting involuntarily committed mental patients' right to refuse medication
Balancing interests in frozen embryo disputes: is adoption really a reasonable alternative?
Conceivable sterilization: a constitutional analysis of a Norplant/Depo-Provera welfare condition
Unmanaged care: towards moral fairness in health care coverage
Health insurers are generally guided by the principle of "actuarial fairness," according to which they distinguish among various risks on the basis of cost-related factors. Thus, insurers often limit or deny coverage for vision care, hearing aids, mental health care, and even AIDS treatment based on actuarial justifications. Furthermore, approximately forty-two million Americans have no health insurance at all, because most of these individuals cannot afford the cost of insurance. This Article argues that Americans have come to demand more than actuarial fairness from health insurers and are increasingly concerned by what I call "moral fairness." This is evidenced by the hundreds of laws that have been passed to constrain insurers' discretion with respect to particular coverage decisions. Legislative mandates are frequent, but seemingly haphazard, following no systematic methodology. This Article suggests an analytical framework that can be utilized to determine which interventions are appropriate and evaluates a variety of means by which moral fairness could be promoted in the arena of health care coverage.
Society and the balance of professional dominance and patient autonomy in medical care
Preventing the discovery of plaintiff genetic profiles by defendants seeking to limit damages in personal injury litigation
Bridging the gap between life insurer and consumer in the genetic testing era: the RF proposal
