Health Affairs

This Article Reprint (PDF) Submit a response to this article Alert me when this article is cited Alert me when Comments are posted Alert me if a correction is posted Services E-mail this article to a friend Similar articles in this journal Similar articles in Web of Science Similar articles in PubMed Alert me to new issues of the journal Add to My Personal Archive Download to Citation Manager Reprints & Permissions Citing Articles Citing Articles via Web of Science (1) Citing Articles via Google Scholar Google Scholar Articles by Akula, J. L. Search for Related Content PubMed PubMed Citation Articles by Akula, J. L. Related Collections Legal/Regulatory Issues Nonprofit/For-Profit Status

Health Affairs, Vol 19, Issue 6, 152-167
Copyright © 2000 by Project HOPE

Journal Article

Sovereign immunity and health care: can government be trusted?

J L Akula

When government provides or arranges for health care, it is held to lower legal standards than private parties are, especially when liability is barred by "sovereign immunity". This paper examines sovereign immunity and its implications for health care quality by comparing private-sector and government accountability in several legal contexts. It then considers whether the law should be changed; the possible relationship between limited government accountability and public mistrust of a larger government role in health care; and the potential role of disparate legal standards if a lower tier of care evolves in government programs.

                      What's this?