Skip to main content

Part of the book series: The International Library of Bioethics ((ILB,volume 94))

  • 89 Accesses

Abstract

The failed Health Security Act of 1993 was the final federal venture into universal health insurance of the twentieth century. Despite its proposed use of private markets and financial incentives to implement insurance, its broad scope prompted its detractors to label the act as a government takeover of health care. In its absence different types of managed care organizations grew increasingly commonplace during the 1990s. Early very restrictive versions of health maintenance organizations were unacceptable to physicians and patients alike. Although doctors’ concerns were disregarded, the dissatisfaction of employees and their employers drove the insurance industry to adopt relatively more lenient plans. Physicians reluctantly agreed to participate in exchange for patient retention as well as the perception of somewhat improved professional autonomy. In reality, however, private practices over time became progressively more dependent upon deeper pockets for financial support. During the past several decades hospitals have gained economic power through mergers and acquisitions. Furthermore some physicians who have prospered in this environment have given first priority to business interests, and are positioned to influence the professional autonomy of other physicians in their employ. Those who favor high quality of care at the expense of productivity place themselves in professional peril.

This is a preview of subscription content, log in via an institution to check access.

Access this chapter

Chapter
USD 29.95
Price excludes VAT (USA)
  • Available as PDF
  • Read on any device
  • Instant download
  • Own it forever
eBook
USD 99.00
Price excludes VAT (USA)
  • Available as EPUB and PDF
  • Read on any device
  • Instant download
  • Own it forever
Softcover Book
USD 129.99
Price excludes VAT (USA)
  • Compact, lightweight edition
  • Dispatched in 3 to 5 business days
  • Free shipping worldwide - see info
Hardcover Book
USD 129.99
Price excludes VAT (USA)
  • Durable hardcover edition
  • Dispatched in 3 to 5 business days
  • Free shipping worldwide - see info

Tax calculation will be finalised at checkout

Purchases are for personal use only

Institutional subscriptions

Notes

  1. 1.

    Although Clinton’s 1992 plan differs from the “Medicare for All” scheme proffered by Senator Bernie Sanders as part of his failed campaigns for the Presidency in 2016 and 2020, then as now greater “socialization” of insurance (or medical care) was not accepted by large segments of the American public.

  2. 2.

    Also see Chap. 3, footnote 7 for further explanation of insurance terms.

  3. 3.

    The question of taxes vs. penalties also would encumber the effectiveness of the ACA because of a weakened individual mandate (National Federation of Independent Business v. Sebelius 2012).

  4. 4.

    Personal observation.

  5. 5.

    In his 2007 commentary on commercialism in medicine, Joseph Fins, M.D. opined that the Clinton plan had been more heavily weighted to private goods. “[I]t favored the discourse of health policy and health economics over that of clinical practice and professionalism... [T]his new vocabulary of health economics... has commodified healthcare and commercialized the clinic” (Fins 2007, 425).

  6. 6.

    Yet hospital medical staffs self-governance still is possible. Notably this fundamental independence typical of the usual division of labor between hospital administrative and medical staffs was challenged in California in 2016. The board of directors of Tulare Regional Medical Center (TRMC) unilaterally terminated its medical staff due to activity allegedly antagonistic to the hospital’s interest. The board installed a new medical staff of their choosing and established new medical staff bylaws without staff input. The fired doctors sued the hospital. With significant financial and legal assistance from the California Medical Association (CMA) and the AMA’s Litigation Center, the case was settled in the doctors’ favor in 2018. The original medical staff and the previously existing medical staff by laws were reinstated. TRMC waived all rights to further appeal. CMA President Theodore Mazer, MD stated, “This settlement brings closure to a long legal fight over the improper interference into the physician–patient relationship and the autonomy of a medical staff’s responsibility for medical decision making...” (American Medical Association 2018a, b; California Medical Association 2018).

  7. 7.

    “Some of the wounds inflicted on the body of the profession are self-generated... Some physicians have defrauded their patients, the Medicare/Medicaid system, or third party payers... We emphasize some physicians. The majority have not done these things... If there is a moral community [within medicine], physicians are all touched by the virtues and vices of confreres. They must feel demeaned by the latter and act to repudiate them” (Pellegrino and Thomasma 1993, 46).

References

  • American Medical Association. 2018a. Tulare Hospital Medical Staff v. Tulare Local Healthcare District. Located at https://searchlf.ama-assn.org/undefined/. Accessed 9 Apr 2021.

  • American Medical Association. 2018b. California Settlement a Big Win for Medical Staff Independence. Located at https://www.ama-assn.org/health-care-advocacy/. Accessed 9 Apr 2021.

  • Andereck, W.S., and A.R. Jonsen. 2007. Conclusion. Cambridge Quarterly Healthcare Ethics 16: 439–442.

    Article  Google Scholar 

  • California Medical Association. 2018. Medical Staff Prevails in Legal Battle Over Medical Staff Self-Governance. Located at https://www.cmadocs.org/. Accessed 9 Apr 2021.

  • Enthoven, A.C., and S.J. Singer. 1994. A Single-Payer System in Jackson Hole Clothing. Health Affairs 13 (1): 81–95.

    Article  Google Scholar 

  • Fins, J.J. 2007. Commercialism in the Clinic: Finding Balance in Medical Professionalism. Cambridge Quarterly Healthcare Ethics 16: 425–432.

    Article  Google Scholar 

  • Fuchs, V.R. 1994. The Clinton Plan: A Researcher Examines Reform. Health Affairs 13 (1): 102–114.

    Article  Google Scholar 

  • Getzen, T.E. 2013. Health Economics and Financing, 5th ed. Hoboken NJ: Wiley

    Google Scholar 

  • Gold, M.R. 1991. Data Watch: HMOs and Managed Care. Health Affairs 10 (4): 189–206.

    Article  Google Scholar 

  • Health Maintenance Organization Act of 1973. Pub L 93-922.

    Google Scholar 

  • Health Maintenance Organization Amendments of 1988. Pub L 100-157.

    Google Scholar 

  • Mahar, M. 2006. Money-Driven Medicine: The Real Reason Health Care Costs So Much. New York: HarperCollins Publishers.

    Google Scholar 

  • National Federation of Independent Business v. Sebelius. 2012. 567 U.S. 519.

    Google Scholar 

  • Pellegrino, E.D., and D.C. Thomasma. 1993. The Virtues in Medical Practice. New York: Oxford University Press.

    Google Scholar 

  • Reinhardt, U.E. 1994. The Clinton Plan: A Salute to American Pluralism. Health Affairs 13 (1): 161–178.

    Article  Google Scholar 

  • Reinhardt, U. 1999. Do You Sincerely Want to Be Rich? Health Economics 8: 355–362.

    Article  Google Scholar 

  • Robinson, J.C. 1999. The Corporate Practice of Medicine: Competition and Innovation in Health Care. Berkeley, CA: University of California Press.

    Google Scholar 

  • Woolhandler, S., and D.U. Himmelstein. 1995. Extreme Risk—The New Corporate Proposition for Physicians. New England Journal of Medicine 333 (25): 1706–1708.

    Article  Google Scholar 

Download references

Author information

Authors and Affiliations

Authors

Corresponding author

Correspondence to Douglas E. Lemley .

Rights and permissions

Reprints and permissions

Copyright information

© 2022 The Author(s), under exclusive license to Springer Nature Switzerland AG

About this chapter

Check for updates. Verify currency and authenticity via CrossMark

Cite this chapter

Lemley, D.E. (2022). Welcome to Medicine, Inc.: Professionalism V. Production. In: Too Conscientious: The Evolution of Ethical Challenges to Professionalism in the American Medical Marketplace. The International Library of Bioethics, vol 94. Springer, Cham. https://doi.org/10.1007/978-3-030-96859-5_6

Download citation

Publish with us

Policies and ethics