Department of Health Administration and Policy, College of Health and Human Services, George Mason University, Fairfax, Virginia, USA.
J Law Med Ethics. 2011 Fall;39(3):380-6. doi: 10.1111/j.1748-720X.2011.00607.x.
Obesity is a particularly vexing public health challenge, since it not only underlies much disease and health spending but also largely stems from repeated personal behavioral choices. The newly enacted comprehensive health reform law contains a number of provisions to address obesity. For example, insurance companies are required to provide coverage for preventive-health services, which include obesity screening and nutritional counseling. In addition, employers will soon be able to offer premium discounts to workers who participate in wellness programs that emphasize behavioral choices. These policies presume that government intervention to reduce obesity is necessary and justified. Some people, however, argue that individuals have a compelling interest to pursue their own health and happiness as they see fit, and therefore any government intervention in these areas is an unwarranted intrusion into privacy and one's freedom to eat, drink, and exercise as much or as little as one wants. This paper clarifies the overlapping individual, employer, and social interest in each person's health generally to avoid obesity and its myriad costs in particular. The paper also explores recent evidence on the impact of government interventions on obesity through case studies on food labeling and employer-based anti-obesity interventions. Our analysis suggests a positive role for government intervention to reduce and prevent obesity. At the same time, we discuss criteria that can be used to draw lines between government, employer, and individual responsibility for health, and to derive principles that should guide and limit government interventions on obesity as health reform's various elements (e.g., exchanges, insurance market reforms) are implemented in the coming years.
肥胖是一个特别令人烦恼的公共卫生挑战,因为它不仅是许多疾病和医疗支出的根源,而且在很大程度上也是个人反复行为选择的结果。新颁布的全面医疗改革法案包含了一些解决肥胖问题的条款。例如,保险公司必须提供预防保健服务,包括肥胖筛查和营养咨询。此外,雇主很快将能够向参加强调行为选择的健康计划的工人提供保费折扣。这些政策假定政府干预减少肥胖是必要和合理的。然而,有些人认为,个人有强烈的兴趣追求自己的健康和幸福,因此,政府在这些领域的任何干预都是对隐私和个人自由的不必要侵犯,个人可以自由地想吃多少、喝多少、运动多少。本文旨在澄清个人、雇主和社会在每个人的健康方面的利益重叠之处,以避免肥胖及其带来的各种成本。本文还通过对食品标签和雇主反肥胖干预的案例研究,探讨了政府干预对肥胖的影响的最新证据。我们的分析表明,政府干预在减少和预防肥胖方面可以发挥积极作用。同时,我们讨论了可以用来在政府、雇主和个人健康责任之间划定界限的标准,并得出了在未来几年实施医疗改革的各种要素(如交易所、保险市场改革)的过程中应指导和限制政府干预肥胖的原则。