Page 169 - Human Rights
P. 169

Faculty of Nursing
                                                                   Adult care Nursing Department



               Many healthcare agents, individual practitioners, institutions, and healthcare plans have specific

               interests that call for encryption.


               However, in the long run, the inevitable competition in the healthcare sector implies that both
               quality and economic performance indicators are publicly accessible.


               However, for sunshine regulation to be effective, the principle of public accountability should be

               considered by any regulatory strategy.


                Classically, there are two principal models of interventions in regulatory activity: compliance,
               which means obtaining the operators’ agreement to the regulator’s objectives, and deterrence,

               which suggests a coercive attitude hindering performance, appealing to the mechanisms legally

               established for this purpose.


               However,  the  two  models  and  their  corresponding  regulatory  strategies  are  not  mutually
               exclusive. Moreover, some organizations do comply with voluntary codes of conduct.


               Nevertheless, different realities create the need to use the models in a casuistic manner.


               The healthcare market’s atomicity should lead, in principle, to intervention at the deterrence level

               due to the regulator’s difficulty in supervising all providers, for example, the numerous physicians’
               offices in a liberal regime.


               Meanwhile, the presence of a reduced number of operators is more pre disposed to compliance.


               The expected consequences of the action also deserve a different approach.


                For  example,  while  discriminatory  patient  selection  and  cream-  skimming  deserve  firm  and
               determined intervention, possibly resorting to legal sanctions, other milder deviations should only

               be subject to regulatory prevention.







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