Health Care in the Marketplace: Implications for Decisionally Impaired Consumers and Their Surrogates and Advocates

Southern Illinois University Law Journal, Vol. 24, Pp. 1-51, Fall 1999

Posted: 3 Apr 2000

See all articles by Marshall B. Kapp

Marshall B. Kapp

Florida State University - College of Law and College of Medicine

Abstract

This article examines the prevailing paradigm shift in health care financing and delivery away from pervasive regulation toward greater consumer choice, with a focus on consumer choice and direction in the area of publicly funded health care and long term care services. Particular attention is devoted to consumer control by older and disabled persons, who comprise the population group most likely to be eligible for, and dependent on, public financing for these services. Objections to the paradigm shift from pervasive regulation toward the competitive marketplace are outlined and ultimately rejected in favor of an overall policy endorsement of more emphasis on consumer choice and control for older and disabled persons in this context. Finally, the article devotes substantial attention to identifying and analyzing the legal and practical implications of the marketplace paradigm shift for decisionally incapacitated older and disabled persons and their surrogates and advocates.

JEL Classification: K32

Suggested Citation

Kapp, Marshall, Health Care in the Marketplace: Implications for Decisionally Impaired Consumers and Their Surrogates and Advocates. Southern Illinois University Law Journal, Vol. 24, Pp. 1-51, Fall 1999, Available at SSRN: https://ssrn.com/abstract=217668

Marshall Kapp (Contact Author)

Florida State University - College of Law and College of Medicine ( email )

625 Eagle View Circle
Tallahassee, FL 32311
United States
618-534-1022 (Phone)

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