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Relational Duties, Regulatory Duties, and the Widening Gap between Individual Health Law and Collective Health Policy

27 Pages Posted: 11 Feb 2008 Last revised: 9 Feb 2010

William M. Sage

University of Texas at Austin School of Law; University of Texas at Austin - Dell Medical School

Abstract

In response to a prominent editorial by Dr. Jeffrey M. Drazen, Professor Sage explains how a relational approach has impeded health law's ability to effectively govern the American health care system, arguing that health law has traditionally focused on the physician-patient encounter rather than on achieving collective objectives (which he calls regulatory duties). Professor Sage traces health law's relational emphasis to private and public law, professional ethics and bioethics, budgetary and general politics, and health care consumerism. He concludes that four areas of health policy-conflicts of interest in biomedical research, managed care and pay-for-performance, health care transparency and education, and public health-require a more collective regulatory commitment.

Keywords: health law, public law, bioethics, policy, biomedical

JEL Classification: I10, I18,

Suggested Citation

Sage, William M., Relational Duties, Regulatory Duties, and the Widening Gap between Individual Health Law and Collective Health Policy. Georgetown Law Journal, Vol. 96, No. 2, 2008; U of Texas Law, Public Law Research Paper No. 133. Available at SSRN: https://ssrn.com/abstract=1092140

William Matthew Sage (Contact Author)

University of Texas at Austin School of Law ( email )

727 East Dean Keeton Street
Austin, TX 78705
United States

University of Texas at Austin - Dell Medical School ( email )

Austin, TX 78712

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