Against a Federal Patients' Bill of Rights

42 Pages Posted: 30 Jan 2003  

Edward A. Zelinsky

Yeshiva University - Benjamin N. Cardozo School of Law

Abstract

The federal Patients' Bill of Rights is today a program in search of a rationale, a prominent part of the national agenda because of historical circumstances rather than any currently compelling justification. Moreover, a federal Patients' Bill of Rights would impose two kinds of costs on an already overburdened medical system. Such legislation would increase administrative and legal complexity while reducing the states' flexibility to experiment and innovate. No apparent benefits would justify these costs. Consequently, it is time to scrap the notion of a federal Patients' Bill of Rights.

Suggested Citation

Zelinsky, Edward A., Against a Federal Patients' Bill of Rights. Yale Law & Policy Review, Vol. 21, pp. 443-472, 2003. Available at SSRN: https://ssrn.com/abstract=373540 or http://dx.doi.org/10.2139/ssrn.373540

Edward A. Zelinsky (Contact Author)

Yeshiva University - Benjamin N. Cardozo School of Law ( email )

55 Fifth Ave.
New York, NY 10003
United States
212-790-0277 (Phone)

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