Abstract

http://ssrn.com/abstract=2006669
 


 



Rights to Health Care in the US: Inherently Unstable


David Orentlicher


Indiana University - Robert H. McKinney School of Law

February 16, 2012

38 American Journal of Law and Medicine 326 (2012)
Indiana University Robert H. McKinney Law Research Paper No. 2012-11

Abstract:     
Although international covenants have long recognized a fundamental right to health care, and other countries provide health care coverage for all of their citizens, rights to health care in the United States have been adopted only grudgingly, and in a manner that is inherently unstable. While a solid right to health care would provide much benefit to individuals and society, the political and judicial branches of the U.S. government have granted rights that are incomplete and vulnerable to erosion over time.

Unfortunately, enactment of the Patient Protection and Affordable Care Act (ACA) does not change these fundamental weaknesses in the regime of U.S. health care rights. Millions of Americans will remain uninsured after ACA takes full effect, and rather than creating a more stable right to health care, ACA gives unstable rights to more people. As a result, the chief threat to health care access comes not from the constitutional challenges to ACA but from the potential for attrition of the rights that ACA provides.

Number of Pages in PDF File: 23

Keywords: health care reform

JEL Classification: I18

Accepted Paper Series


Download This Paper

Date posted: February 18, 2012 ; Last revised: May 15, 2012

Suggested Citation

Orentlicher, David, Rights to Health Care in the US: Inherently Unstable (February 16, 2012). 38 American Journal of Law and Medicine 326 (2012); Indiana University Robert H. McKinney Law Research Paper No. 2012-11. Available at SSRN: http://ssrn.com/abstract=2006669

Contact Information

David Orentlicher (Contact Author)
Indiana University - Robert H. McKinney School of Law ( email )
530 West New York Street
Indianapolis, IN 46202
United States
317-274-4993 (Phone)
317-274-0455 (Fax)

Feedback to SSRN


Paper statistics
Abstract Views: 1,130
Downloads: 192
Download Rank: 90,331

© 2014 Social Science Electronic Publishing, Inc. All Rights Reserved.  FAQ   Terms of Use   Privacy Policy   Copyright   Contact Us
This page was processed by apollo6 in 0.250 seconds