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Markets, Myths, And A Man On The Moon: Aiding And Abetting America’S Flight From Health Insurance, Andre Hampton
Markets, Myths, And A Man On The Moon: Aiding And Abetting America’S Flight From Health Insurance, Andre Hampton
Faculty Articles
The United States health care system is a tragic product of blind distrust of government and unquestioning faith in markets—the belief that the market will always do a more efficient job of allocating resources better than the government. However, health care is a peculiar commodity that differs from other goods and services that are distributed in the market. There is a real question about whether it is appropriate to provide health coverage pursuant to an insurance model, let alone provide it through an insurance model in the market. While the pooling of risks guarantees a greater number of people will …
Resurrection Of The Prohibition On The Corporate Practice Of Medicine: Teaching Old Dogma New Tricks, Andre Hampton
Resurrection Of The Prohibition On The Corporate Practice Of Medicine: Teaching Old Dogma New Tricks, Andre Hampton
Faculty Articles
The corporate practice of medicine doctrine was a creature of the organized medical profession, state legislatures, and the courts in an effort to both protect the physician-patient relationship and help physicians operate as fiduciaries. It aimed at improving the reputation of the medical profession by prohibiting entanglements between a physician’s professional judgment and the profit-making endeavors of lay organizations. The doctrine found its genesis in ethical codes promulgated by the American Medical Association (AMA), which essentially prevented physicians from taking salaried positions, or splitting professional fees, with lay organizations. The rationale was that such a doctrine was necessary in order …