The canonical status of separately incorporated healthcare apostolates in the United States: Current status and future possibilities for the public and private juridic person.

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Title: The canonical status of separately incorporated healthcare apostolates in the United States: Current status and future possibilities for the public and private juridic person.
Authors: Gonsorcik, Patsy James.
Date: 2001
Abstract: The development of healthcare in the United States is unique. Within this framework, the Catholic healthcare apostolate has had to engage in various and complex innovations, both canonically and civilly, to carry out this mission which encompasses acute care facilities, emergency systems, clinics, hospices, home healthcare, mobile clinics, nursing homes, etc. Financial and other pressures have led to the establishment of various congregational and inter-congregational systems. However, the canon law, as we know it, was not designed specifically for such massive undertakings. What arrangements can be made within the present canonical system to provide for good management and oversight of these new systems? Starting from the Vatican II teachings on "apostolate" and "mission", the dissertation examines various ways in which issues relating to the administration of healthcare works have been addressed in the United States. The 1983 Code of Canon Law presented a number of possibilities which help bridge the gap between the present and the future. Among these, there is the canonical institution of "juridic persons", distinct from the juridic personality of the sponsoring congregations. Are there good openings here? Although the law provides for both "private" and "public" juridic persons, the experience of the past few years shows a marked preference on the part of Church authorities for the public juridic person, since the temporal goods belonging to them are considered to be ecclesiastical goods. However, for some people, this creates difficulties because of the legal restrictions governing the administration and disposal of temporal goods. In healthcare, these assets are quite significant. Nevertheless, in spite of some hesitations, we must recognize that new means of instant communication have resolved a number of potential administrative difficulties. The dissertation examines the implications of both types of juridical personality, the advantages and disadvantages of both, and roads towards future development. Looking at the future and given the pressure faced today, particularly when confronted with various delicate ethical and moral issues, it can be asked whether the Catholic healthcare apostolate can indeed continue to exist as Catholic? The response, obviously, is in the affirmative, but we must recognize that participation in the healing mission of Christ calls for strong commitment and informed boards of directors. It might even be helpful if there were a centralized "clearing house", or Vatican "office for healthcare", properly staffed and administered, so as to assure some type of unity in approach. However, the implications of such a move would have to be carefully considered before any decision was taken in this regard.
URL: http://hdl.handle.net/10393/9095
http://dx.doi.org/10.20381/ruor-7638
CollectionTh├Ęses, 1910 - 2010 // Theses, 1910 - 2010
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