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Appendix to Ethical Guidelines for the Delivery of Health Services by ...

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categorization and is nei<strong>the</strong>r frivolous nor discrimina<strong>to</strong>ry.<br />

A. The Concept <strong>of</strong> Just Rationing<br />

Justice in rationing implies that persons who fit certain criteria<br />

be treated equally in respect <strong>to</strong> <strong>the</strong> relevant class <strong>of</strong> services. There<br />

is wide agreement that in rationing services <strong>the</strong> criteria applied should<br />

be medical. Determinations <strong>of</strong> who is <strong>to</strong> receive priority should be based<br />

on need and expected benefits and not on sociocultural or political<br />

criteria. Justice in allocation fur<strong>the</strong>r implies that available services<br />

will be distributed so as not <strong>to</strong> impose an unfair burden on individuals<br />

because <strong>of</strong> <strong>the</strong>ir social status, religious or racial background, or<br />

personal characteristics unrelated <strong>to</strong> medical judgments.<br />

Ef<strong>for</strong>ts made <strong>by</strong> some Congressmen, administrative <strong>of</strong>ficials, and<br />

state health care personnel <strong>to</strong> exclude payment <strong>for</strong> abortion under<br />

government-sponsored programs, <strong>for</strong> example, are attempts <strong>to</strong> substitute<br />

political and religious considerations <strong>for</strong> medical judgments. Although<br />

exclusion <strong>of</strong> certain benefits under federal or state programs would be<br />

ethically permissible because <strong>of</strong> resource limitations or because <strong>the</strong><br />

procedures involved are known <strong>to</strong> be worthless or harmful, <strong>the</strong>re is no<br />

ethical justification <strong>for</strong> singling out recipients <strong>of</strong> government programs<br />

as ineligible <strong>for</strong> services known <strong>to</strong> have positive health benefits that<br />

are available <strong>to</strong> o<strong>the</strong>rs in <strong>the</strong> population and that have a high benefit<br />

ratio relative <strong>to</strong> costs. The arbitrary exclusion <strong>of</strong> abortion under<br />

Title 19, or under any o<strong>the</strong>r federal or state program, introduces<br />

political and religious rationing as a substitute <strong>for</strong> medical rationing.<br />

Moreover, it establishes two standards <strong>of</strong> access <strong>to</strong> a positive health<br />

benefit, 5 one <strong>for</strong> government recipients and ano<strong>the</strong>r <strong>for</strong> persons in <strong>the</strong><br />

nongovernmental sec<strong>to</strong>r.<br />

Such administrative action is a serious<br />

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