David Bourget (Western Ontario)
David Chalmers (ANU, NYU)
Rafael De Clercq
Jack Alan Reynolds
Learn more about PhilPapers
Journal of Law, Medicine and Ethics 39 (3):401-413 (2011)
No provision of the Patient Protection and Affordable Care Act (PPACA) has been more contentious than the so-called “individual mandate,” the constitutionality of which is now before several appellate courts. Critics claim that the mandate represents an unprecedented attempt by the federal government to compel individual action. Yet, states frequently employ similar mandates to protect the public's health. These public health mandates have also often aroused deep opposition. This essay situates PPACA's mandate, and the opposition to it, in that broader context. The article reviews the arguments that public health's population perspective provides in support of mandates, as well as the reasons why mandates often ignite intense legal and political opposition. Most importantly, by holding individuals accountable for population-based problems, mandates may undercut the public health arguments that justify them. The article concludes by arguing that public health policymakers need to know more about the unintended political and legal costs of mandates
|Keywords||No keywords specified (fix it)|
|Categories||categorize this paper)|
|Through your library||Configure|
Similar books and articles
James G. Hodge, Erin C. Fuse Brown, Daniel G. Orenstein & Sarah O'Keefe (2011). Congress, Courts, and Commerce: Upholding the Individual Mandate to Protect the Public's Health. Journal of Law, Medicine and Ethics 39 (3):394-400.
Matthew K. Wynia (2007). Mandating Vaccination: What Counts as a "Mandate" in Public Health and When Should They Be Used? American Journal of Bioethics 7 (12):2 – 6.
Peter West-Oram (2013). Freedom of Conscience and Health Care in the United States of America: The Conflict Between Public Health and Religious Liberty in the Patient Protection and Affordable Care Act. [REVIEW] Health Care Analysis 21 (3):237-247.
John Aloysius Cogan (2011). The Affordable Care Act's Preventive Services Mandate: Breaking Down the Barriers to Nationwide Access to Preventive Services. Journal of Law, Medicine and Ethics 39 (3):355-365.
D. Murray (2011). The Massachusetts Health Plan, Individual Mandates, and the Neutrality of the Liberal State. Journal of Medicine and Philosophy 36 (5):466-483.
Gwendolyn Roberts Majette (2011). PPACA and Public Health: Creating a Framework to Focus on Prevention and Wellness and Improve the Public's Health. Journal of Law, Medicine and Ethics 39 (3):366-379.
Lorian E. Hardcastle, Katherine L. Record, Peter D. Jacobson & Lawrence O. Gostin (2011). Improving the Population's Health: The Affordable Care Act and the Importance of Integration. Journal of Law, Medicine and Ethics 39 (3):317-327.
Micah L. Berman (2011). From Health Care Reform to Public Health Reform. Journal of Law, Medicine and Ethics 39 (3):328-339.
Jonny Anomaly (2011). Public Health and Public Goods. Public Health Ethics 4 (3):251-259.
C. A. Womack (2012). Public Health and Obesity: When a Pound of Prevention Really Is Worth an Ounce of Cure. Public Health Ethics 5 (3):222-228.
Lawrence O. Gostin (2010). The National Individual Health Insurance Mandate. Hastings Center Report 40 (5):8-9.
Mark A. Rothstein (2009). The Limits of Public Health: A Response. Public Health Ethics 2 (1):84-88.
Lance Gable (2011). The Patient Protection and Affordable Care Act, Public Health, and the Elusive Target of Human Rights. Journal of Law, Medicine and Ethics 39 (3):340-354.
Anita L. Allen (2011). Commercial Speech Bruises Health Privacy in the Supreme Court. Hastings Center Report 41 (6):8-9.
Robert I. Field Arthur L. Caplan (2008). A Proposed Ethical Framework for Vaccine Mandates: Competing Values and the Case of HPV. Kennedy Institute of Ethics Journal 18 (2):pp. 111-124.
Added to index2011-08-23
Total downloads24 ( #59,836 of 1,010,230 )
Recent downloads (6 months)1 ( #64,700 of 1,010,230 )
How can I increase my downloads?