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Record W2255864694

A Fundamental Right of the Monied to 'Buy Out Of' Universal Health Care Program Restrictions Versus the Moral Claim of Everyone Else to Decent Health Care: An Unremitting Paradox of Health Care Reform?

2007· article· en· W2255864694 on OpenAlexaboutno aff
Roy G. Spece

Bibliographic record

VenueSSRN Electronic Journal · 2007
Typearticle
Languageen
FieldSocial Sciences
TopicLegal Systems and Judicial Processes
Canadian institutionsnot available
Fundersnot available
KeywordsHealth careGovernment (linguistics)Supreme courtRight to healthLawConstitutional rightSubstantive due processPatient Protection and Affordable Care ActPolitical scienceBusinessLaw and economicsPublic administrationMedicaidEconomics
DOInot available

Abstract

fetched live from OpenAlex

A consensus has emerged that we should move toward and then achieve universal health care coverage. Reaching out to the 47 million presently uninsured will require significant restrictions on care within and without a universal plan. The most direct form of limitation on wealthier individuals seeking care outside a plan - one followed in Canada, a recently vetoed California plan, and in the Clinton plan - is to prohibit supplemental insurance. This article advocates a plan that incorporates such a limitation and associated restrictions. Any such restrictions are likely to be met with constitutional objections. For example, in 2005 Canada's Supreme Court found Quebec's prohibition on supplemental insurance unconstitutional. A finding that there is a fundamental right to purchase care, such as made in a 2006 federal appeals court ruling concerning experimental treatment, augurs problems for an array of health care reforms. This article will establish that although there is a fundamental right to purchase care, it is limited to care that the government has released for general use or sale. It does not include experimental care, treatments (such as marijuana) the government subjects to criminal prohibition, or interventions that the government has determined to be otherwise inefficient or immoral (e.g., transplantation requiring purchased organs). Therefore, although a properly cabined fundamental right to purchase care can limit universal health care reform if it incorporates irrational restrictions or does not deliver what it promises, such a right does not threaten a plan even as restrictive as the one advocated here.

Fetched live from OpenAlex and de-inverted. Abstracts are not stored in this database: the inverted indexes are 8.6 GB of the frame’s 9.3 GB of text, and the host has 13 GB free.

How this classification was reachedexpand

Full frame distilled prediction

Teacher imitation

Not calibrated prevalence, not ground truth. Human validation pending. Learned from the 10,348 direct Codex labels and 10,348 direct Gemma labels. Candidate is the union of thresholded teacher heads; consensus is their intersection. These outputs are machine_predicted_unvalidated and are not human labels or direct frontier model labels.

metaresearch head score (Codex)0.003
metaresearch head score (Gemma)0.000
Version: codex-gemma-dda1882f352aValidation status: machine_predicted_unvalidated
Candidate categoriesScience and technology studies
Consensus categoriesnone
DomainCandidate signal: none · Consensus signal: none
Study designCandidate signal: Qualitative · Consensus signal: Qualitative
GenreCandidate signal: Empirical · Consensus signal: Empirical
Teacher disagreement score0.296
Threshold uncertainty score1.000

Codex and Gemma teacher scores by category

CategoryCodexGemma
Metaresearch0.0030.000
Meta-epidemiology (narrow)0.0000.000
Meta-epidemiology (broad)0.0010.000
Bibliometrics0.0000.001
Science and technology studies0.0010.000
Scholarly communication0.0000.000
Open science0.0010.000
Research integrity0.0000.001
Insufficient payload (model declined to judge)0.0000.000

Machine scores (provisional)

The two teacher heads of the student model, read on this work. A score orders the frame for review; it never asserts a category, and the validation status ships verbatim with every row.

Baseline scores from an immature model (maturity gate not passed, 7 training rounds). Scores rank; they never assert a category.

Opus teacher head0.024
GPT teacher head0.358
Teacher spread0.334 · how far apart the two teachers sit on this one work
Validation statusscore_only:v0-immature-baseline · verbatim from the scoring run: score_only means the number may rank works, and no category label ships from it

Classification

machine, unvalidated

Machine predicted; a candidate call from one teacher head, not a consensus.

Study designQualitative
Domainnot available
GenreEmpirical

How this classification was reached, model by model and score by score, is at the end of the page under "How this classification was reached".

Quick stats

Citations0
Published2007
Admission routes1
Has abstractyes

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