11. FN10. During the same period mentioned infra.,
only forty articles mention minority interests and its relationship to
health care reform.
12. FN11. See, text infra section F and notes accompanying
footnotes.
13. FN12. See generally, NORMAN DANIELS, JUST HEALTH
CARE (1985) (arguing that health care is of special moral importance because
it affects an individual's share of the range of opportunities normal for
his society).
14. FN13. Distributive justice involves the dissemination
of social goods or ills. To have distributive justice, not only should
like cases be treated the same but unlike cases should be treated differently.
However, there must be a morally relevant reason for treating people differently.
A "just" society is one in which, at a minimum, a person can take advantage
of the "normal" range of lifetime opportunities in that society. Since
individuals must have "normal species-typical functioning" to avail themselves
of that normal range of opportunities. A just society would assure access
to some basic level of services and assure that those services are provided
in a culturally sensitive non discriminatory manner. See, e.g., NORMAN
DANIELS, supra note 12, at 1-17 (arguing that health care should be distributed
more equally than other social goods); P. MENZEL, MED. COSTS, MORAL CHOICES:
A PHILOSOPHY OF HEALTH CARE ECONOMICS IN AMERICA 85 (1983) (emphasizing
that if health care is a necessity, it should be realistically accessible
to all, including those who cannot easily afford it); Buchanan, The Right
to a Decent Minimum of Health Care, 13 PHIL. & PUB. AFF. 55,55 (1984)
(maintaining that there is at least a right to a decent minimum of health
care); Norman Daniels, Health Care Needs and Distributive Justice, in IN
SEARCH OF EQUITY: HEALTH NEEDS AND THE HEALTH CARE SYSTEM 1 (1983), reprinted
in 10 PHIL. & PUB. AFF. 146, 146 (1981) (recognizing a generally held
belief that health care is "special", and should be treated differently
from other social goods).
15. FN14. Civil Rights Act of 1964, Title VI, Pub.
L. No. 99-352, 378 252 (codified at 42 U.S.C. ss 2000d-200d-4 (1982). |
