The Need for a Process Theory: Formulating Health Policy through Adjudication

This essay sets out a preliminary, theoretical framework within which to analyze remedial options and begin the search for the values they promote. It is based on the premise that the process used to enforce substantive rights to health care should promote values that are consistent with, and even supportive of, the values that health care reform itself would promote. The framework proceeds upon an analysis of the kinds of claims at issue, the alternative decision making models available to settle them, and the forums in which those models might be used. In conclusion, I urge scholars, policy makers and practitioners to consider procedural as well as substantive issues in developing health care reform proposals so that the implementation of new rights will support the objectives of health care reform.