Disparate Health Care in Puerto Rico: A Battle Beyond Statehood

Abstract

Treating U.S. citizens differently based on their place of residence levies a heavy burden on Puerto Rico’s access to healthcare. Developing a mixed public-private healthcare system in low-income settings like Puerto Rico, together with healthcare laws and policies that ease profit-maximization environments, exacerbates health inequities and disparities. The Article concludes that attempts to address Puerto Rico's healthcare crisis will continue to fail as long as the unconstitutional, disparate treatment of U.S. citizens living in Puerto Rico compared to those living on the mainland persists. Emphasis on the equal protection of the law rather than political battles for statehood, federal control and planning over Puerto Rico's finances, or additional temporary federal funds and disaster relief is necessary for any healthcare reform.

Keywords: Puerto Rico, health, health care, disparate treatment, equal treatment, fifth amendment, right to health, statehood, disaster relief, Medicare, Medicaid, U.S. territory, PROMESA