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.
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Notes
- 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.
Also see Chap. 3, footnote 7 for further explanation of insurance terms.
- 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.
Personal observation.
- 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.
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.
“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).
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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
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