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The rise of the Swiss regulatory healthcare state: On preserving the just in the quest for the better (or less expensive?)

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  • Melanie Levy

Abstract

Political theories of the modern state describe a rise of the regulatory healthcare state, balancing the imperatives of cost control and quality assurance and welfare norms such as solidarity. This paper analyses the unique case of Switzerland, where the rise of the regulatory healthcare state occurred late and incompletely, with the adoption of the Federal Health Insurance Law in 1994. The Swiss federal state pursues the social objective of universal access to healthcare through social health insurance regulation. This paper demonstrates that economic efficiency has not been the primary goal of healthcare coverage within the Swiss regulatory healthcare state despite rising costs. As another exceptional feature, Switzerland has diverged from the traditional path of judicial behavior in the regulatory state. This paper critically dissects how the Swiss Federal Court has become a crucial actor, imposing limits on access to healthcare and shaping decision‐making criteria for social regulation, such as cost‐benefit and cost‐impact analysis. Through this judicialization of limit‐setting, the judiciary engages in an ongoing constitutional dialogue on the limits of the regulatory welfare state and its sustainability for the future.

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  • Melanie Levy, 2022. "The rise of the Swiss regulatory healthcare state: On preserving the just in the quest for the better (or less expensive?)," Regulation & Governance, John Wiley & Sons, vol. 16(2), pages 427-447, April.
    • Handle: RePEc:wly:reggov:v:16:y:2022:i:2:p:427-447
    DOI: 10.1111/rego.12342
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    1. Tanzi, Vito, 2002. "Globalization and the Future of Social Protection," Scottish Journal of Political Economy, Scottish Economic Society, vol. 49(1), pages 116-127, February.
    2. Gre[ss], Stefan & Niebuhr, Dea & Rothgang, Heinz & Wasem, Jurgen, 2005. "Criteria and procedures for determining benefit packages in health care: A comparative perspective," Health Policy, Elsevier, vol. 73(1), pages 78-91, July.
    3. Pierre Moïse & Elizabeth Docteur, 2007. "Pharmaceutical Pricing and Reimbursement Policies in Sweden," OECD Health Working Papers 28, OECD Publishing.
    4. Evans, R.G. & Stoddart, G.L., 1990. "Producing Health, Consuming Health Care," Centre for Health Services and Policy Research 90:13r, University of British Columbia - Centre for Health Services and Policy Research..
    5. Syrett, Keith, 2011. "Health technology appraisal and the courts: accountability for reasonableness and the judicial model of procedural justice," Health Economics, Policy and Law, Cambridge University Press, vol. 6(4), pages 469-488, October.
    6. Valérie Paris & Elizabeth Docteur, 2007. "Pharmaceutical Pricing and Reimbursement Policies in Switzerland," OECD Health Working Papers 27, OECD Publishing.
    7. Majone, Giandomenico, 1997. "From the Positive to the Regulatory State: Causes and Consequences of Changes in the Mode of Governance," Journal of Public Policy, Cambridge University Press, vol. 17(2), pages 139-167, May.
    8. Arun K. Thiruvengadam & Piyush Joshi, 2012. "Judiciaries as crucial actors in Southern regulatory systems: A case study of Indian telecom regulation," Regulation & Governance, John Wiley & Sons, vol. 6(3), pages 327-343, September.
    9. Vito Tanzi, 2002. "Globalization and the Future of Social Protection," Scottish Journal of Political Economy, Scottish Economic Society, vol. 49(1), pages 116-127, February.
    10. Evans, Robert G. & Stoddart, Gregory L., 1990. "Producing health, consuming health care," Social Science & Medicine, Elsevier, vol. 31(12), pages 1347-1363, January.
    11. R Evans & G Stoddart, 1990. "Producing Health, Consuming Health Care," Centre for Health Economics and Policy Analysis Working Paper Series 1990-06, Centre for Health Economics and Policy Analysis (CHEPA), McMaster University, Hamilton, Canada.
    12. Tinghőg, Gustav & Carlsson, Per & Lyttkens, Carl H., 2010. "Individual responsibility for what? – A conceptual framework for exploring the suitability of private financing in a publicly funded health-care system," Health Economics, Policy and Law, Cambridge University Press, vol. 5(2), pages 201-223, April.
    13. Pierre Moïse & Elizabeth Docteur, 2007. "Pharmaceutical Pricing and Reimbursement Policies in Mexico," OECD Health Working Papers 25, OECD Publishing.
    14. Avishai Benish & Dana Halevy & Shimon Spiro, 2018. "Regulating social welfare services: Between compliance and learning," International Journal of Social Welfare, John Wiley & Sons, vol. 27(3), pages 226-235, July.
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