The Universality of Medicaid at Fifty

17 Pages Posted: 24 Dec 2014  

Nicole Huberfeld

University of Kentucky College of Law

Date Written: December 22, 2014

Abstract

This essay, written for the Yale Law School symposium on The Law of Medicare and Medicaid at 50, explores how the law of Medicaid after the ACA creates a meaningful principle of universalism by shifting from fragmentation and exclusivity to universality and inclusivity. The universality principle provides a new trajectory for all of American health care, one that is not based on individual qualities that are unrelated to medical care but rather grounded in non-judgmental principles of unification and equalization (if not outright solidarity). This essay examines the ACA's legislative reformation, which led to universality, and its quantifiable effects. The essay then assesses and evaluates Medicaid’s new universality across four dimensions - governance, administration, equity, and eligibility. Each reveals a facet of universality that underscores this new principle’s importance for health care into the future.

Keywords: Medicaid, health care reform, fragmentation, universality, federalism, ACA, Affordable Care Act, Obamacare

Suggested Citation

Huberfeld, Nicole, The Universality of Medicaid at Fifty (December 22, 2014). Yale Journal of Health Policy, Law, and Ethics, Forthcoming. Available at SSRN: https://ssrn.com/abstract=2541940

Nicole Huberfeld (Contact Author)

University of Kentucky College of Law ( email )

258 Law Building
Lexington, KY 40506-0048
United States
859-257-3281 (Phone)

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