Courts, Ombudsman and Health-Care Policy: An Exploratory Study of Israel's National Health Care Insurance Act.European Journal of Health Law (2004)
AbstractIn 1994, a revolutionary change took place in the legal regulation of health care in Israel. The National Health Care Insurance Act, which was legislated that year and implemented at the beginning of 1995, granted the legal right to health care on a universal basis for all residents, regardless of race, gender, or nationality. One of the mechanisms intended to ensure the law’s proper implementation was the right to file a suit in the labor courts if the legal rights' of the insured have been denied. The aim of this pilot study – the first of its kind in Israel – was to gain insight into the manner in which the right to health care is mirrored in the rulings of one of the District Labor Courts. Designed as a pilot study, the research employed a convenience sample that included all cases involving the National Health Care Insurance Act filed in the Tel-Aviv/Jaffa District Labor Court during the year 2000. The research approach adopted in the current study was a quantitative one, employing a closed, structured data collection form, which was designed on the basis of a perusal of documents in legal files and which touched on a wide range of empirical variables matching the research questions. The findings of this study reveal that the District Labor Courts in Israel serve to preserve the status quo between economic-based and health based considerations and refuse to adopt a judicial policy that would expand the concept of the right to health care under the umbrella of the National Health Care Insurance Act.
- Health Care
Citation InformationIsrael Doron. "Courts, Ombudsman and Health-Care Policy: An Exploratory Study of Israel's National Health Care Insurance Act." European Journal of Health Law Vol. 11 Iss. 1 (2004)
Available at: http://works.bepress.com/israel_doron/12/