1. Freedom, equality and the Charter of Rights: regulating physician reimbursement
- Author
-
Deber, R. and Heiber, S.
- Subjects
Public health administration -- Canada ,Government regulation of business -- Canada ,Physicians -- Canada ,Public administration -- Canada ,Government ,Canada. Constitution Act 1982 - Abstract
This paper examines the 'clash of frameworks' evident when several policy fields are juxtaposed, and the implications of judicial review for the ability of the state to achieve its health policy objectives. We concentrate on two interrelated issues: the 'rights' of physicians to set their own fee levels for services insured by provincial health plans, and to select their practice location while retaining the ability to bill a provincial plan for services rendered. On a more general level, the paper is also concerned with the potential conflict between the Charter of Rights and Freedoms with its emphasis on individual rights, and regulatory policies which are primarily concerned with efficient distribution of resources, the welfare of society, and addressing perceived problems within the health care system. Five frameworks are considered: constitutional, Charter, mainstream economics, health policy, and political. The likely balance among them is discussed. (Reprinted by permission of the publisher.)
- Published
- 1988