DOI: https://doi.org/10.25040/medicallaw2015.01.011
Med. pravo., 2015; 1(15): 11-25
UDC: 340.6(492):33:366.54:61
ANDRE DEN EXTER
Jean Monnet Chair EU Health Law, Institute of Health Policy and Management, Erasmus University Rotterdam, Rotterdam, the Netherlands, and Visiting professor International Health law, Lviv National Medical University, Ukraine
Where Law and Economics Meet Each Other: Cost-Effectiveness Analysis in Health Care
In health policy, cost-effectiveness analysis (CEA) can help rationalize coverage decision-making. Although some countries apply economic evaluation methods to new medical interventions (mostly pharmaceuticals), approaches are not standardized. One of the reasons is that CEA is inextricably linked with health care rationing, which may result in denial of a less cost-effective treatment method to an individual patient.
From a legal perspective, denial of treatment for fi nancial reasons challenges basic human rights, including the right to life, human integrity and the right to health care. This paper therefore explores the meaning of cost-effectiveness in the courtroom, its relevance to health policy-making, and the link with EU health legislation.
Key words: cost-effectiveness, health law, prioritizing health care, justiciability.
Reference list
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