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Posts Tagged ‘Rights’

The Utah Health and Human Rights Project helps torture victims who have moved to Utah cope with their past experiences and look to the future.

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At the Supreme Court, a potential catastrophe for women's rights
These cases are brought by privately held, for-profit corporations that are arguing their religious convictions should preclude them from offering employees the health insurance required by law. Specifically, these private employers don't want to allow …
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Supreme Court Hobby Lobby case revisits divisive political issues
Some of the most politically divisive themes and issues of the 2012 election — Obamacare, the left's "war on religion," the right's "war on women," and the notion of corporate personhood — all come into play in two cases that will be argued before …
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Pelosi To Receive Highest Award From Planned Parenthood For Women's
The Planned Parenthood Federation of America (PPFA) will present House Minority Leader Nancy Pelosi with their highest award on Thursday for her contributions to women's reproductive rights and health care. (Photo by Kris Connor/Getty Images) …
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Health Care and Information Ethics: Protecting Fundamental Human Rights

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Human rights on hold: A report on emergency measures and access to health care i
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Health Care Reform: A Human Rights Approach
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Health Care for Some : Rights and Rationing in the United States since 1930...

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NEW Qualitative Research in Health Care: The Workplace Rights of Employees and E
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NEW Who Decides?: Conflicts of Rights in Health Care by Nora K. Bell Paperback B
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Magsaysay laureate challenges Pinoys to bring healthcare rights violations to SC
The Supreme Court has issued landmark rulings protecting citizens' rights to vote and to enjoy a better environment. But in its entire 112-year history, it has yet to be confronted with a case concerning one of the ordinary Filipino's basic rights—the …
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The right's healthcare “revolution” is a scam
Reforms to defend the mentally ill and disabled, to protect the privacy of health information, to open free clinics for the poor, and to increase the use of “informed consent” prior to medical interventions were achieved, in part, in the name of …
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A Fascinating Case Over Who Has the Right Over The Remains of a Loved One
Because Collins had never become incapacitated before her death and because no physician had ever certified her as incapacitated, the health care agent never became Collins's attorney in fact under the DPOA, so Shoemaker never had the rights to the …
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Creation’s Journey to Life – DAY 389: Human Rights for Children and Healthcare Suggested blogs to follow: Creation Journey to Life — http://creationsjourney…

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Health Care and Information Ethics: Protecting Fundamental Human Rights

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End Date: Saturday May-17-2014 7:06:34 PDT
Buy It Now for only: $9.33
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Human rights on hold: A report on emergency measures and access to health care i
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End Date: Thursday May-22-2014 7:09:21 PDT
Buy It Now for only: $6.46
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Health Care and Information Ethics: Protecting Fundamental Human Rights
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Health Care: Constitutional Rights and Legislative Powers

Health Care: Constitutional Rights and Legislative Powers

The health care reform debate raises many complex issues including those of coverage, accessibility, cost, accountability, and quality of health care. Underlying these policy considerations are issues regarding the status of health care as a constitutional or legal right. This report analyzes constitutional and legal issues pertaining to a right to health care, as well as the power of Congress to enact and fund health care programs. The United States Supreme Court’s decision in NFIB v. Sebelius, which upheld most of the Patient Protection and Affordable Care Act (Affordable Care Act/ACA), is also discussed.

The United States Constitution does not set forth an explicit right to health care, and the Supreme Court has never interpreted the Constitution as guaranteeing a right to health care services from the government for those who cannot afford it. The Supreme Court has, however, held that the government has an obligation to provide medical care in certain limited circumstances, such as for prisoners.

Congress has enacted numerous statutes, such as Medicare, Medicaid, and the Children’s Health Insurance Program, that establish and define specific statutory rights of individuals to receive health care services from the government. As a major component of many health care entitlement statutes, Congress has provided funding to pay for the health services provided under law. Most of these statutes have been enacted pursuant to Congress’s authority to “make all Laws which shall be necessary and proper” to carry out its mandate “to … provide for the … general Welfare.” Congress has also used other constitutional powers, such as its power to regulate interstate commerce and its power to levy taxes, to enact legislation relating to health insurance and health care.

In 2010, Congress enacted the Affordable Care Act, a comprehensive health care reform law which includes a requirement, effective in 2014, that most individuals purchase health insurance, and which significantly expands the Medicaid program. A number of lawsuits were filed challenging various provisions of this legislation, and, on June 28, 2012, the Supreme Court upheld the majority of ACA’s provisions. Significantly, the Court upheld the requirement that individuals purchase health insurance as a valid exercise of Congress’ taxing power, but the Court limited Congress’ power to spend for the general welfare by holding that Congress cannot threaten the states with the loss of all federal Medicaid funds if the states decline to expand Medicaid coverage as mandated by ACA.

In addition, several states have passed laws, amended their state constitutions, or entered into interstate compacts to attempt to “nullify” or “opt out” of the federal individual health insurance mandate and other federal health care provisions. Direct conflicts between federal laws and state nullification statutes or state constitutional amendments would raise constitutional issues which are likely to be resolved in favor of federal law under the Supremacy Clause of the United States Constitution.

A number of state constitutions contain provisions relating to health and the provision of health care services. State constitutions may provide constitutional rights that are more expansive than those found under the federal Constitution since federal rights set the minimum standards for the states.

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