Law in the "labyrinth": health on the borderline between essential levels of care and standard costs

Author/s Stefania Fucci
Publishing Year 2012 Issue 2012/2
Language Italian Pages 19 P. 69-87 File size 132 KB
DOI 10.3280/SD2012-002004
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The Italian Constitution introduced the recognition of the right to health as a subjective right, in the tangible form of citizens’ expectation of performance and services and a related obligation on the part of the State to provide them. In Italy, the healthcare policies adopted since 1948 have sought to reconcile two different aims: catering, on the one hand, for this subjective right and, on the other, for the requirements of economic policy. This article sets out to survey the principal legislative acts that have focused on the Italian healthcare system, from Law N° 833/78 onwards, culminating in an analysis and discussion of the recent Legislative Decree N° 68/2011, which applies the federal taxation system to the area of healthcare, so as to call attention both to those aspects that seem to be moving towards the recognition of a substantial right and to those other aspects that may actually impede its full satisfaction.

Keywords: Right to health - Essential levels of care - Standard costs - Subjective right - Economic constraints

Stefania Fucci, Un diritto nel "labirinto": la salute tra livelli essenziali di assistenza e costi standard in "SOCIOLOGIA DEL DIRITTO " 2/2012, pp 69-87, DOI: 10.3280/SD2012-002004