BMJ No 7072 Volume 313

Editorial Saturday 21-28 December 1996


What makes a just healthcare system?

Broader professional ethics, including considerations of the public interest and the common good

After the first world war, many industrialised countries fostered publicly supported sickness insurance, realising that equitable access to health care could improve the health of their populations. By the early 1970s, universal health coverage had been achieved in Europe and the developed countries of the former British Commonwealth.(1) Within the developed world, the United States was a striking exception, and this anomaly led to comparisons with South Africa, a country riven by racial policies, which had also turned its back on a national health system in the 1940s.(2) Since the 1970s the pendulum has swung in many countries towards privatisation and managed care, no doubt at least in part due to American influence. Interest in universal access to health care in the United States at the start of the Clinton era was short lived at a time of resource constraints and was soon eclipsed by a renewed thrust towards managed care.(3) While the potential impact of managed care remains hotly debated,(1) (4) the question of what constitutes a just healthcare system has not been adequately addressed.

Privatisation of health care, seen by many as a panacea in the face of resource constraints, is usually attacked by critics on two fronts: firstly, as failing to achieve the benefits invoked to justify it (greater choice for consumers and providers, increased efficiency, and higher quality of services); and, secondly, as being destructive of the physician-patient relationship.(5) There is evidence that privatisation of health insurance is costly, has growing administrative costs, offers less rather than more choice for consumers and providers, and fails to improve the quality of care.(6)In a masterly presentation on American health care, Professor Allen Buchanan, professor of philosophy at the University of Wisconsin and a prominent American bioethicist, goes further than this evidence in arguing that these defects are magnified by privatisation's failure to foster a more just system.(5)

He argues that there are nine elements required for a just healthcare system (see box). The three that constitute the core are based on recommendations from the United States president's commission on medical ethics(7): these are universal access, access to an "adequate level" of care, and access without excessive burdens to patients. While not attempting to define what constitutes an "adequate level" or "decent minimum" of care, Buchanan suggests that such a definition is possible based on three considerations. Firstly, the level of care in any society will be less than the best technically available. Secondly, justice requires preservation of people's freedom to purchase services that exceed the adequate level of care. Thirdly, that there are moral limits to what we owe our fellow citizens. The first two considerations are necessary because society's commitment to ensuring access to health care will be limited by scarce resources and by the need to provide other socially valuable goods such as education. The emphasis on avoiding excessive burdens highlights the fact that mere legal entitlement to services is not sufficient if serious obstacles prevent their use.

Elements of a just healthcare system
  • Universal access

  • Access to an "adequate level" of care

  • Access without excessive burdens

  • Fair distribution of the financial costs of ensuring universal access to an adequate level of health care

  • Fair distribution of the burdens of rationing care

  • Capacity for improvement toward a more just system

  • Education and training of appropriate numbers and types of healthcare providers

  • Effective pursuit of high quality biomedical research

  • Cost effective use of results of biomedical research
  • Buchanan proposes three further necessary elements: that there is a fair distribution of the financial costs of ensuring universal access to an adequate level of health care, a fair distribution of the burdens of rationing care, and a capacity for improvement toward a more just system. These requirements are plausible on the grounds that, in the face of inevitable rationing, a system could not be considered just if it achieved universal access by imposing unfair financial burdens on some people or arbitrarily concentrated the burdens of rationing on some individuals or groups. As it is highly unlikely that a perfectly just healthcare system will ever be achieved, whatever system is implemented must not "unleash economic and political forces that will tend to make it less just over time."(5) Even substantially just but imperfect systems must have the capacity for improvement.

    Three final considerations, which should not be hindered even if privatisation is implemented, are of particular importance in (but not exclusive to) developing countries: the system should educate and train appropriate numbers and types of healthcare providers, enable the effective pursuit of high quality biomedical research, and use cost effectively the results of biomedical research. These are necessary to prevent the flow of talented staff and resources away from educational and research facilities into the private sector, and to ensure that teaching hospitals can retain the broad range of activities required for providing services and ongoing improvements to health care.

    Buchanan explains how achieving a just healthcare system as a cooperative between the public and private sectors requires an organisation, such as the state, to act as coordinator and guarantor of equitable access to care and fair distribution of costs. The division of labour between the private and public sectors must be coordinated to ensure that rationing is not achieved through discriminatory or otherwise unfair policies in either sector. Without such control, gaps in access left by the private insurance market and charity would not be filled, and the burdens of rationing would not be distributed fairly.

    The United States government could use Medicare and Medicaid (the state health insurance for elderly and for poor and disabled people respectively)to fill in the gaps left by the private sector. Or it could regulate the behaviour of the private sector to stimulate it to provide wider access than it would do if it were responding only to market incentives. This second approach is likely to be more effective, but only if the public sector were dominant, as the state's role would be diametrically opposed to the competitive behaviour of the market.

    Buchanan illustrates the naivety of imagining (as the World Bank does) that professional altruism and duty can be relied on to fill the gaps in the regulatory infrastructure-not turning away the sick who cannot pay and fighting for universal access to health care. He also shows, through reference to the current status of health care in the United States (where privatised insurance is most developed and has failed), that a predominantly private system is likely to generate economic and political forces that will make movement towards justice more difficult. The even worse failures of developing countries that attempt to emulate the American pattern illustrate both the symbolic power of the United States as an exemplar, and the potential global importance of its implementing a more just healthcare system.

    Buchanan acknowledges that his suggestions would require politicians to mount heroic resistance to pressures from their most powerful constituents. But he also emphasises that moving towards a just healthcare system will require the public to trust government bureaucrats at least as much as they seem to trust the private bureaucrats and highly paid chief executive officers of managed care systems.(8) Individual and population health would surely be better served in social democracies, where individual rights are supplemented by some community solidarity and where accountable leaders and bureaucrats can be voted in and out of power, than in highly individualistic societies where almost anarchical power can be accumulated by entrepreneurial organisations driven predominantly by self interest.

    Rational arguments, such as those offered by Buchanan(5) and Dworkin,(9) best reflect the concern for social justice that characterises healthcare systems in, for example, Britain and Canada. They also reflect the concern for political accountability in these countries' reform towards mixed private and public healthcare systems under conditions of constrained resources. If market forces are allowed to predominate in health care, "fear, bias, and greed" may impede the rational efforts needed to answer important public health questions.(10)

    The effort required by the American public to overcome these impediments will need to be matched by the willingness of medical professionals to overcome their resistance to the transformation of the American healthcare system.(11) This will require a broadening of professional ethics to include considerations of the public interest and the common good.(12) Buchanan has shown that legitimate retrospective moral judgements can be mounted against those involved in radiation experiments on humans in recent years.(13) Similarly, failing to drive American health care in the direction of greater justice could make the present generation of American politicians and professionals vulnerable to legitimate retrospective moral judgements.

    Solomon R Benatar
    Professor Department of Medicine and Bioethics Center,
    University of Cape Town and Groote Schuur Hospital,
    Observatory 7925,
    Cape, South Africa

    References:

    1 R Williams, ed. International developments in health care. London: Royal College of Physicians, 1995.

    2 Benatar S R. A unitary health service for South Africa. S Afr Med J 1990;77:441-7.

    3 Angell M, Kassirer J P. Quality and the medical marketplace: following elephants. N Engl J Med 1996;335:883-5.

    4 Hunter D. Managing medicine: a response to the `crisis'. Soc Sci Med 1991;32:441-9.

    5 Buchanan A. Privatization and just health care. Bioethics 1995;9:220-39.

    6 Himmelstein D, Woolhandler S. Cost without benefit: administrative waste in the US health care system. N Engl J Med 1986;314:441-5.

    7 United States President's Commission for the Study of Ethical Problems in Medicine and Biomedical and Behavioural Research. Securing access to health care. Washington DC:US Government Printing Office,1983.vols I and II.

    8 Woolhandler S, Himmelstein D. Extreme risk - the new corporate position for physicians. N Engl J Med 1995;325:1706-8.

    9 Dworkin R. Will Clinton's plan be fair? New York Review 1994 Jan 13: 20-5.

    10 Angell M. Evaluating the health risks of breast implants: the interplay of medical science, the law and public opinion. N Engl J Med 1996;334:1513-8.

    11 Botelho RJ. Overcoming the prejudice against establishing a national health care system Arch Intern Med 1991;151:863-9.

    12 Wolf S. Health care reform and the future of physician ethics. Hastings Centre Report 1994;24:28-41.

    13 Buchanan A. Judging the past: the case of the human radiation experiments. Hastings Centre Report 1996;26:25-30.



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