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Association: Name: The Law and Society Association URL: http://www.lawandsociety.org
Citation: URL: http://www.allacademic.com/meta/p236833_index.html Direct Link: HTML Code:

Cortez, Nathan. "PAPER WITHDRAWN--Patients without Borders: The Emerging Global Market for Patients and the Evolution of Modern Health Care" Paper presented at the annual meeting of the The Law and Society Association, Hilton Bonaventure, Montreal, Quebec, Canada, May 27, 2008 <Not Available>. 2009-05-23 <http://www.allacademic.com/meta/p236833_index.html>

Cortez, N. , 2008-05-27 "PAPER WITHDRAWN--Patients without Borders: The Emerging Global Market for Patients and the Evolution of Modern Health Care" Paper presented at the annual meeting of the The Law and Society Association, Hilton Bonaventure, Montreal, Quebec, Canada <Not Available>. 2009-05-23 from http://www.allacademic.com/meta/p236833_index.html

Publication Type: Conference Paper/Unpublished Manuscript Abstract: I address the unique legal, policy, and ethical questions that arise when patients travel to foreign jurisdictions for medical care. A growing number of patients, employers, and insurers are beginning to explore whether they can reduce spending by visiting developing countries. This dramatic leap has drawn attention from the WHO, WTO, World Bank, and U.S. Senate—many of which believe so-called medical tourism may transform health care. Despite this attention, the market is developing independently of lawmakers and regulators, which is troubling because patients are effectively waiving their rights and benefits in the U.S. to seek medical care in countries that may not grant them remotely similar protections. This article assesses the risk-benefit calculus for patients and payors entering the global patient market by examining how the market may affect health care costs, quality, and access—the three canonical themes of health care. Using this framework, I consider several policy responses, such as regulating patient travel, regulating referral networks, and regulating employers and insurers. I criticize some responses as either impractical or foreclosed by current constitutional doctrine governing the rights to travel and free speech. Instead, I propose that we build on existing consumer protection laws, expand licensing regimes, and recalibrate existing schemes that may unfairly allocate the risks and benefits. I also analyze the feasibility of public and quasi-public multilateral responses. Medical tourism is both a symptom and a solution to what ails the U.S. health care system, and the issues it presents may portend future challenges.

Designating Health Care Decision-Makers for Patients Without Advance Directives

Without Borders: Global Health and the New Immigration of Asian, Caribbean, and African Medical Professionals

PAPER WITHDRAWN--Women's Health Care and State Policy