THE NATIONAL CONSTITUTION PROTOTYPE PROJECT

Health Care

Core Principles

The following core principles should be incorporated in the federal government's ethical code.

1. Everyone, citizens and noncitizens alike, should be entitled to receive essential health care, which should include but not be limited to preventive care and pharmaceuticals.

2. Everyone, citizens and noncitizens alike, should be entitled to receive high quality care regardless of their economic status. The quality of care received by a patient should not be a function of the price the patient or the patient's insurer is willing to pay.

3. The focus should be on the delivery of care, not on who pays for the care. The nation, not patients, should bear the cost of delivering essential health care to the nation. However, small fees paid by patients may be necessary to discourage misuse of health care services.

4. The provision of health care should be regarded as a public service, not as a for-profit activity. All medical professionals should be salaried. However, incentives would be reasonable if the incentives are provided to improve the quality of care.

5. Medical errors are a hazard faced by patients and can and should be compensated for by hazard insurance purchased by the patient. Such insurance could be provided for by (a) a general coverage policy purchased prior to any therapeutic need and/or (b) a one-time, procedure-specific policy issued immediately prior to a medical procedure. 

6. Malpractice (whether through incompetence, malice, or simple human error) should be discouraged through punitive actions and training. Public servants should not have to operate under a constant threat of onerous financial liability arising from simple human error.

7. Non-patented pharmaceuticals and supplies should be provided to the government for delivery to the public at prices established by a competitive market.

8. When hiring decisions are made, domestically trained medical professionals should normally have priority over foreign trained medical professionals. However, an individual's hiring priority could be waived as part of a disciplinary action. 

9. With respect to their health care, every adult should be entitled to the following rights:

   1. to receive any medical treatment of their choosing, whether or not the government condones such treatment,

   2. to refuse any medical treatment, including vaccinations, 

   3. to not be coerced into receiving any medical treatment,

   4. to confidentiality related to the health care they seek and receive (except in criminal investigations where warrants have been issued requiring dissemination),

   5. to an honest appraisal of the risks presented by any proposed therapy, 

   6. to make important health care decisions for minor children in their custody,

   7.  to designate someone to make important health care decisions for them in the event that they become incapacitated, and

   8. to have "next of kin" make essential medical decisions on their behalf in the event that they become incapacitated before making such designation. 

10. The federal government should have a duty to:

    1. ensure that there are a sufficient number of well trained and capable health care professionals available to serve the nation,

    2. ensure that unqualified individuals are not employed as health care professionals,

    3. ensure that the essential health care services and therapeutics delivered to the nation are safe, effective and provided at the lowest cost possible,

    4. ensure scarce medical supplies (e.g., human organs and new vaccines) are acquired and allocated in an ethical manner,

    5. promote research into novel therapeutic procedures and pharmaceuticals,

    6. promote research into improved diagnostic tools, methods, and procedures,

    7. promote research into improved preventive care procedures and dietary and other lifestyle guidelines,

    8. inform the public on important health care matters, and

    9. ensure that the other core principles listed above are met.