Analítico de Periódico
SCHUHMANN, Ralph, e outro
Contracting for health care under the new Philippine UHC Act / Ralph Schuhmann, Maria C. G. Bautista
VRÜ. Verfassung und Recht in Übersee, a.54 n.1 (2021), p.98-115
DIREITO DA SAÚDE / Filipinas, SISTEMA DE SAÚDE, CONTRATAÇÃO PÚBLICA
The 2019 Philippine UHC Act provides one of the most recent examples of contractualization of health care. Despite the significant change it brings, it regulates contracting only marginally, so that the purpose and deployment of this mechanism remain largely unclear. This study examines how contracting under the new law can contribute to achieving the reform goals and, to this end, subjects the UHC Act and its Implementing Rules and Regulations to a socio-legal analysis. In the process, it becomes apparent that, contrary to the general trend, the law adheres to a decidedly hierarchical form of contracting, which is in a certain state of tension with the network-like organization it promotes and the use of contracting to realize development-oriented goals. To effectively implement the law's contracting concept, the authors suggest underpinning it with a more relational approach, a stronger management orientation of the executing entities, and the development of appropriate network governance concepts.