Health law and policy from east to west: analytical perspectives and comparative case studies
This book surveys some of the most significant topics in recent health systems analysis (the role of rights in health care provision, the fluctuating level and type of health insurance coverage across states, and important shifts in legal frameworks impacting the provision of health care). The contributions to the volume document how these trends converge or diverge across jurisdictions, but they also probe the interplay of these variables (does the existence of a justiciable “right” to health care lead to better insurance coverage, or to a more thoroughgoing focus on public health measures. While some major Western European states (United Kingdom, Italy, Spain) are represented in this discussion, the work includes other Eastern European and Euro-Asian nations that have been neglected in much of the literature on comparative health systems. Thus, it is focused on newly democratic Eastern states, as they are still in the process of significant reform, and are still finding their way. In this regard, the publication includes analyses of Russia, Ukraine, Poland, Serbia, Slovenia, Bulgaria, Greece, Macedonia, Kazahstan, Azerbajan, and Georgia, written by legal advisors and early-career researchers who are intimately familiar not only with the state’s laws and policies, but also the wider social and political context which gives these health care systems their particular characteristics. To this mix, Brazil has also been added as a particularly useful complement to the discussion since it is one of the few large states to acknowledge the existence of a justiciable health care right.
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TABLE OF CONTENTS
ABSTRACT
SECTION I THINKING ABOUT COMPARATIVE HEALTH LAW AND POLICY
CHAPTER 1 INTRODUCTION: ANALYSING AND COMPARING HEALTH CARE SYSTEMS FROM AN INTERDISCIPLINARY APPROACH
CHAPTER 2 COMPARATIVE HEALTHCARE SYSTEMS IN NORTH AMERICA AND EUROPE: SIMILARITIES AND DIFFERENCES
CHAPTER 3 EUROPEAN HEALTH LAW AND HUMAN RIGHTS AT THE CROSSROADS: EXPLORING TENSIONS BETWEEN HARMONISATION AND HETEROGENEITY
SECTION II THE ROLE OF “RIGHTS” IN NATIONAL HEALTH CARE SYSTEMS
CHAPTER 4 WHAT IS MEANT BY A ‘RIGHT’ TO HEALTH CARE? (AND WHY SHOULD WE BE CAREFUL IN DEMANDING THEM?)
CHAPTER 5 COMPARATIVE HEALTH RIGHTS PROTECTION MODELS IN THE BRICS (BRAZIL, RUSSIA, INDIA, CHINA AND SOUTH AFRICA)
CHAPTER 6 THE CROSS-BORDER HEALTHCARE AT THE EU LEVEL: THE DIRECTIVE ON THE APPLICATION OF PATIENTS’ RIGHTS
CHAPTER 7 WHAT IS THE IMPACT OF DATA PROTECTION RULES ON THE RIGHT TO HEALTH? INSIGHTS FROM THE UK HEALTH CARE SYSTEM IN LIGHT OF THE EUROPEAN DATA PROTECTION FRAMEWORK
CHAPTER 8 THE RIGHT TO HEALTH AND CONSTITUTIONAL GUARANTEES IN BRAZIL: A TOOL FOR EFFECTIVENESS
CHAPTER 9 THE RIGHT TO HEALTH CARE IN THE SPANISH HEALTH CARE SYSTEM: A PERMANENT SHIFT
SECTION III THE DEBATE OVER HEALTH INSURANCE AND ACCESS TO HEALTH CARE SERVICES
CHAPTER 10 SOCIAL HEALTH INSURANCE AND HEALTH CARE ACCESS IN EUROPE
CHAPTER 11 HEALTH CARE IN RUSSIA FROM SEMASHKO TO PUTIN: ASPECTS OF LEGISLATION AND LAW ENFORCEMENT
CHAPTER 12 HEALTH CARE REFORM IN UKRAINE: REDESIGNING THE NATIONAL PACKAGE OF HEALTH SERVICES
CHAPTER 13 CURRENT HEALTH CARE CHALLENGES IN THE REPUBLIC OF KAZAKHSTAN
CHAPTER 14 THE HEALTH INSURANCE SYSTEM IN AZERBAIJAN
CHAPTER 15 NEW CHALLENGES AFFECTING THE POLISH HEALTH CARE SYSTEM
CHAPTER 16 PRIVATE PROVIDERS OF HEALTH SERVICES IN A PUBLIC HEALTH CARE SYSTEM: SLOVENIA AS A CASE STUDY
CHAPTER 17 SOCIAL-HEALTH INTEGRATION IN THE ITALIAN LEGAL SYSTEM
CHAPTER 18 SUPPLEMENTARY HEALTH CARE SYSTEM IN BRAZIL: A NECESSARY POLITICAL REFLECTION FOR HEALTH CARE GRADUATES
SECTION IV NATIONAL HEALTH CARE REFORMS IN RESPONSE TO INTERNATIONAL HARMONIZATION
CHAPTER 19 COMMUNICABLE DISEASE CONTROL IN INTERNATIONAL AND EU LAW: ENHANCING GLOBAL HEALTH SECURITY THROUGH INTERACTION AND COORDINATION BETWEEN THE INTERNATIONAL HEALTH REGULATIONS (2005) AND DECISION NO. 1082/2013/EU
CHAPTER 20 FORMATION OF PUBLIC HEALTH POLICY IN UKRAINE IN THE CONTEXT OF EUROPEAN INTEGRATION
CHAPTER 21 INFORMED CONSENT FOR CLINICAL TRIALS IN SPAIN: CHALLENGES IN LIGHT OF THE EUROPEAN CLINICAL TRIALS REGULATION
CHAPTER 22 ACCESS TO CROSS-BORDER HEALTHCARE IN THE EU: ASSESSMENT OF THE BULGARIAN LEGAL IMPLEMENTATION FRAMEWORK
CHAPTER 23 ACCESS TO THE SERBIAN PHARMACEUTICAL MARKET: MEDICINAL PRODUCTS LICENSING REQUIREMENTS
SECTION V ADOPTING NEW LEGAL MECHANISMS IN HEALTH CARE GOVERNANCE
CHAPTER 24 MEDICAL MALPRACTICE IN THE ITALIAN LEGAL SYSTEM
CHAPTER 25 MEDICAL MALPRACTICE LITIGATION AND QUALITY IMPROVEMENT IN BULGARIA: DE LEGE FERENDA ALTERNATIVES TO LITIGATION AS HEALTH CARE POLICY
CHAPTER 26 HEALTHCARE DISPUTE SETTLEMENT MECHANISMS IN GEORGIA
CHAPTER 27 THE CURRENT STATE OF HEALTHCARE MEDIATION IN THE REPUBLIC OF KAZAKHSTAN
SECTION VI CURRENT POLICY CHALLENGES IN NATIONAL HEALTH CARE SYSTEMS
CHAPTER 28 MEDICALLY ASSISTED REPRODUCTION IN GREECE: TOWARDS A COMPREHENSIVE REGULATORY FRAMEWORK
CHAPTER 29 VACCINATION POLICIES IN SPAIN: CHALLENGES AND CONCERNS
CHAPTER 30 THE ROLE OF LABORATORY MEDICINE IN THE HEALTH SYSTEM: A VIEW FROM THE REPUBLIC OF NORTH MACEDONIA
Editores
KATHERINE FIERLBECK , McCulloch Professor of Political Science at Dalhousie University
JOAQUÍN CAYÓN-DE LAS CUEVAS, Jefe del Servicio de Asesoramiento Jurídico de la Consejería de Sanidad (Gobierno de Cantabria). Profesor Asociado de Derecho Mercantil de la Universidad de Cantabria.
