Monday, August 24, 2020
William M. Sage (University of Texas), I. Glenn Cohen (Harvard Law School), Allison K. Hoffman (University of Pennsylvania), Chapter: “Health Law and Ethics,” U. Penn. Law School Public Law Research Paper No. 20-27:
Law and ethics are both essential attributes of a high-functioning health care system and powerful explainers of why the existing system is so difficult to improve. U.S. health law is not seamless; rather, it derives from multiple sources and is based on various theories that may be in tension with one another. There are state laws and federal laws, laws setting standards and laws providing funding, laws reinforcing professional prerogatives, laws furthering social goals, and laws promoting market competition. Complying with law is important, but health professionals also should understand that the legal and ethical constraints under which health systems operate must themselves adapt if health systems science is to advance.