Health Care in the United States

The health care reform debate in the United States 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 book series analyzes the constitutional and legal issues pertaining to the right of health care and the power of Congress to enact and fund health care programs. Other topics discussed in this volume include the health care workforce and actions needed by HRSA to publish timely national supply and de

Intro -- HEALTH CAREIN THE UNITED STATES: DEVELOPMENTS, VOLUME 1 -- HEALTH CAREIN THE UNITED STATES: DEVELOPMENTS, VOLUME 1 -- CONTENTS -- PREFACE -- Chapter 1 NFIB V. SEBELIUS: CONSTITUTIONALITY OF THE INDIVIDUAL MANDATE -- SUMMARY -- INTRODUCTION -- COMMERCE CLAUSE -- Supreme Court Review -- Possible Implications -- TAXING POWER -- Is the Individual Mandate a Tax or Penalty? -- Is the Individual Mandate a Direct Tax? -- Possible Implications -- End Notes -- Chapter 2 HEALTH CARE:CONSTITUTIONAL RIGHTS AND LEGISLATIVE POWERS -- SUMMARY -- HEALTH CARE RIGHTS UNDER THE U.S. CONSTITUTION -- Explicit Rights in the U.S. Constitution -- The Right to Health Care at the Government's Expense -- Substantive Due Process: Impact on Fundamental Rights -- Equal Protection: Wealth as a "Suspect Class" -- Exception: Under Government Control -- HEALTH CARE LEGISLATION UNDER THE U.S. CONSTITUTION -- Specific Sources of Constitutional Authority -- The Power to Tax and Spend for the General Welfare -- The Power to Regulate Interstate Commerce -- Federal Health Care Programs -- The Affordable Care Act -- Supreme Court Decision in National Federation of Independent Business v. Sebelius -- State Attempts to "Nullify" or "Opt Out" of Affordable Care Act Requirements -- State Statutes and Constitutional Amendments -- Interstate Compacts -- STATE CONSTITUTIONS AND THE PROVISION OF HEALTH CARE SERVICES -- End Notes -- Chapter 3 HEALTH INSURANCE EXCHANGES UNDER THE PATIENT PROTECTION AND AFFORDABLE CARE ACT (ACA) -- SUMMARY -- INTRODUCTION -- ACA EXCHANGES -- ESTABLISHMENT OF ACA EXCHANGES -- State Exchanges -- Operational Structure of a State Exchange -- Governance of a State Exchange -- Federally Facilitated Exchange -- WHAT EXCHANGES DO -- Eligibility and Enrollment -- Individual Exchange -- Eligibility for Enrollment in a QHP