Disparate Health Care in Puerto Rico: A Battle Beyond Statehood

The University of Pennsylvania Journal of Law and Social Change, Forthcoming

49 Pages Posted: 2 Oct 2020

See all articles by Ximena Benavides

Ximena Benavides

Yale University, Department of Political Science, Students; Yale University - Yale Information Society Project; Yale Law School

Date Written: May 30, 2020

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

Suggested Citation

Benavides, Ximena, Disparate Health Care in Puerto Rico: A Battle Beyond Statehood (May 30, 2020). The University of Pennsylvania Journal of Law and Social Change, Forthcoming , Available at SSRN: https://ssrn.com/abstract=3677442

Ximena Benavides (Contact Author)

Yale University, Department of Political Science, Students ( email )

New Haven, CT 06520
United States

Yale University - Yale Information Society Project ( email )

127 Wall Street
New Haven, CT 06511
United States

Yale Law School ( email )

127 Wall Street
New Haven, CT 06510
United States

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