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THE RIGHT TERMINOLOGY IN HEALTHCARE : PATIENT OR CONSUMER?

Abstract:

Much is made of what to call those of us actively engaged in pursuing and receiving medical care from health professionals and this article does intend to settle that issue. There continues to be debate among the various health-care professionals as to what they think is the appropriate term to use, patient or consumer. In looking at the literature, doctors prefer to use the term “‘patient” and allied health professionals prefer to use the term “client”. It has also been found that there are differences of opinion among the people who use the services as to which of these two terms is preferred. Literature from consumer and advocacy groups mostly indicate that the preferred term to use is “consumer” but there is also disagreement here. Although often use interchangeably, there are distinctive differences between consumers and patients in the context of healthcare. In this article we will try to define which term is used and accepted, where do we draw the line between these two terms and most importantly who comes first, the patient or the consumer.

Authors: Phab.D. Plotnic Olesea, Associate professor, Jean Monnet Professor

                Ciochina Elena, PhD Student, Doctoral School in Law, Political Science and Administrative

Key words: patient, healthcare, consumer, market, law.

Link: http://www.jilip.org/en/8-journal/46-2017-4.html

MEMBER STATES’ REGULATORY AUTONOMY IN HEALTH SERVICES WITHIN THE INTERNAL MARKET: THE IMPACT OF THE EUROPEAN LAW

Abstract

European Union (EU) law is based upon a liberalising imperative, the goal of which is to construct a single market between member states. Public healthcare is a fundamental task for the member states. However, its real character is ambiguous, though, on the one hand, healthcare is a cornerstone of social security and, on the other hand, it is an enormous economic sector. Legislation on the basis of the internal market can address numerous issues of pricing, accessibility of services and access to markets, competition and state aids, as well as consolidating and clarifying patient rights. Our study paper focuses on restrictive effects derived from EU law on national healthcare which requires stretching the basic distribution of powers between the EU and the Member States.

Keywords: healthcare, internal market, EU law, member states, health services, legislation

Authors: Phab.D. Plotnic Olesea, Associate professor, Jean Monnet Professor

                Ciochina Elena, PhD Student, Doctoral School in Law, Political Science and Administrative

Link : http://cse.uaic.ro/eurint/proceedings/index_htm_files/EURINT2018_PLO.pdf

THE FINANCIAL NATURE OF THE MARKET OF VOLUNTARY MEDICAL INSURANCE IN THE COUNTRIES OF THE EUROPEAN UNION

Abstract

Within the framework of this article, it is advisable to consider trends and mechanisms for reforming health systems that are key elements in achieving success. The review of national health models of the EU countries shows a rather wide range of possible approaches to financing, organising and providing medical care. While expectations related to health care systems are growing, and cost justification is constantly being questioned, governments need to find the answer to the cardinal question: what is the most appropriate way to finance our health care? As a rule, not one country has only one net source of income. Historically, most countries in Europe have developed primary financing systems of health care, either from the budget or through health insurance. To a greater or lesser extent, the primary health financing system is being developed in the presence of other forms. Currently, all existing health systems are reduced to three main economic models. These are: paid medicine, based on market principles using private health insurance, state medicine with a budgetary financing system and a health system based on the principles of social insurance and market regulation with a multi-channel financing system. It is interesting to note that the principles of insurance medicine in most countries of the world still dominate both completely private and fully public funding. The corpus of data on the impact of various methods of financing is growing. The present study explores ways to mobilise revenues and the consequences of choosing a funding mechanism or a combination of mechanisms. Different mechanisms are evaluated on the basis of various criteria, one of which is the impact on social justice. Do we want to put a paying heavy burden on the poor and the sick? Existing evidence suggests that the mobilisation of revenues for health market mechanisms are limited. Privatisation can lead to the violation of the principles of social justice and equal access to services: private health insurance is very regressive, and user charges are a gross political tool. The purpose of our study is to analyze the nature and characteristics of the market for private (voluntary) health insurance in the European Union in terms of market structure and financing functions.

Authors: Phab.D. Plotnic Olesea, Associate professor, Jean Monnet Professor

                Ciochina Elena, PhD Student, Doctoral School in Law, Political Science and Administrative

Keywords: health system, market, voluntary medical insurance, financing, income, health models.

Link: http://www.editura.uaic.ro/produse/editura/ultimele-aparitii/european-financial-regulation-eufire-2018-1685/1/1

 

ABORDĂRI DOCTRINАRE ÎN MАTERIА DREPTURILOR BENEFICIАRILOR DE SERVICII MEDICАLE ÎN RAPORT CU LEGISLAŢIA CONSUMERISTĂ

Abstract

Este cert faptul că protecția sănătății omului constituie o problemă de maximă importanță a omenirii, de aici survenind şi atenția cuvenită acordată pretutindeni, la etapa actuală, problemelor teoretice şi practice, vizând drepturile şi libertățile fundamentale ale beneficiarului de servicii medicale. Abordarea doctrinară a problemei drepturilor consumatorului de servicii medicale presupune luarea în considerare a unui larg spectru de probleme şi implicații de natură politică, economică, culturală, precum şi a particularităților dezvoltării istorice şi a stadiilor de dezvoltare. Raționamentul cu privire la aplicarea statutului de consumator în relația cu serviciile de sănătate derivă din două viziuni total opuse. În primul rând, dintr-o perspectivă protecționistă, care se referă la utilizarea legii consumeriste pentru a proteja pacienții, iar pe de altă parte, din perspectiva care vizează introducerea sectorului sănătății într-o logică de piață, prin aceeași concepție. Scopul cercetării îl constituie evidențierea mai multor teorii doctrinare, referitoare la statutul consumatorului în cadrul serviciilor medicale.

Autorii:  Conf. univ. dr. hab. Olesea PLOTNIC, profesor Jean Monnet, Secretar general a AO „Henri Capiatant”, plotnicolesea.aum@gmail.com,
Drd. Elena CIOCHINA, ASEM , ciochina.elena.law@gmail.com
Drd. Felicia Cătălina RĂCOARE (APETROI), Universitatea din Sevilla, Spania ,apetroifelicia@yahoo.com

Cuvinte-cheie: doctrină, sănătate, drepturi, consumatori, servicii medicale, legislație consumeristă.

Link: https://ibn.idsi.md/sites/default/files/imag_file/64-80.pdf