Footnotes (272)



Hospital Flight from Minority Communities: How Our Existing Civil Rights Framework Fosters Racial Inequality in Healthcare

Brietta R. Clark

Loyola Law School Los Angeles

DePaul University Journal of Health Law, 2006
Loyola-LA Legal Studies Paper No. 2006-4

In this article, I address the failures of civil rights laws in preventing the disparate allocation of health care resources by focusing on Title VI challenges to hospital closures. I use these cases to critique our current civil rights framework and to show how certain structural and ideological foundations of this framework have undermined our fight for true equality in health care. First, despite the importance of government funding as the means to fight racial disparities, the government has consistently and consciously made funding decisions that foster racial inequality, creating a health care system that is incompatible with racial equality. Second, the government has also undermined its purported commitment to civil rights by rendering the administrative arm responsible for civil rights enforcement ineffective and by abandoning its facilities planning responsibility to ensure the fair allocation of hospital services. Finally, courts have refused to provide a meaningful check on the government failures in this area, creating doctrinal barriers that make it impossible to use Title VI to prevent hospital flight from minority communities. These failures have exacerbated racial disparities in health care, and engendered feelings of despair and anger among minority communities who feel betrayed by the political, judicial, and health care systems. These failures have also shaped our civil rights discourse in ways that discourage an honest critique of the hospital closure problem and stymie our vision for meaningful reform. In the final part of this Article, I use lessons from the hospital relocation problem to argue for a more comprehensive and creative plan of action to address the unequal allocation of hospital resources.

Number of Pages in PDF File: 56

Open PDF in Browser Download This Paper

Date posted: February 14, 2006  

Suggested Citation

Clark, Brietta R., Hospital Flight from Minority Communities: How Our Existing Civil Rights Framework Fosters Racial Inequality in Healthcare. DePaul University Journal of Health Law, 2006; Loyola-LA Legal Studies Paper No. 2006-4. Available at SSRN: http://ssrn.com/abstract=883730

Contact Information

Brietta R. Clark (Contact Author)
Loyola Law School Los Angeles ( email )
919 Albany Street
Los Angeles, CA 90015-1211
United States
213-736-1494 (Phone)
213-736-3769 (Fax)

Feedback to SSRN

Paper statistics
Abstract Views: 2,448
Downloads: 138
Download Rank: 158,287
Footnotes:  272

© 2016 Social Science Electronic Publishing, Inc. All Rights Reserved.  FAQ   Terms of Use   Privacy Policy   Copyright   Contact Us
This page was processed by apollobot1 in 0.188 seconds