The Patient Protection and Affordable Care Act, Public Health, and the Elusive Target of Human Rights
Journal of Law, Medicine & Ethics 39 (3):340-354 (2011)
The Patient Protection and Affordable Care Act (ACA) sets in motion a wide range of programs that substantially affected the health system in the United States and signify a moderate but important regulatory shift in the role of the federal government in public health. This article briefly addresses two interesting policy paradoxes about the ACA. First, while the legislation primarily addresses health care financing and insurance and establishes only a few initiatives directly targeting public health, the ACA nevertheless has the potential to produce extensive public health benefits across the United States population by improving access to health care and services and reducing cost. Essentially, the ACA does not take the explicit form of a public health law but instead strives to advance public health indirectly through its effects. Second, while the ACA does not establish a right to health — or even a right to health insurance — in the United States, it does set in motion a number of significant structural and normative changes to United States law that comport with the attainment of the right to health. Most significantly, key provisions of the bill are designed to improve availability, accessibility, acceptability, and quality of conditions necessary for health, and to prompt the government to respect, protect, and fulfill these conditions. These developments mean that, to a degree, the United States essentially has undertaken the same types of legal and policy steps that a country would be required to take to uphold the right to health without actually recognizing the right to health in any formal or legally binding way.Despite these dual paradoxes and the upside potential for public health improvements resulting from the ACA, the public health impact of the law remains uncertain and will be decided by numerous subsequent regulatory and implementation decisions. The ACA authorizes multiple federal agencies to engage in rulemaking, a process that will largely dictate the systemic and health impacts that will become its legacy. This reality opens up ample opportunity to bolster public health aspects and interpretations of the law, and to simultaneously augment the corresponding components of the right to health
|Keywords||No keywords specified (fix it)|
|Categories||categorize this paper)|
References found in this work BETA
No references found.
Citations of this work BETA
No citations found.
Similar books and articles
Improving the Population's Health: The Affordable Care Act and the Importance of Integration.Lorian E. Hardcastle, Katherine L. Record, Peter D. Jacobson & Lawrence O. Gostin - 2011 - Journal of Law, Medicine & Ethics 39 (3):317-327.
The Affordable Care Act's Preventive Services Mandate: Breaking Down the Barriers to Nationwide Access to Preventive Services.John Aloysius Cogan - 2011 - Journal of Law, Medicine & Ethics 39 (3):355-365.
Necessary Health Care and Basic Needs: Health Insurance Plans and Essential Benefits. [REVIEW]Andrew Ward & Pamela Jo Johnson - 2013 - Health Care Analysis 21 (4):355-371.
PPACA and Public Health: Creating a Framework to Focus on Prevention and Wellness and Improve the Public's Health.Gwendolyn Roberts Majette - 2011 - Journal of Law, Medicine & Ethics 39 (3):366-379.
When Public Health and Genetic Privacy Collide: Positive and Normative Theories Explaining How ACA's Expansion of Corporate Wellness Programs Conflicts with GINA's Privacy Rules.Jennifer S. Bard - 2011 - Journal of Law, Medicine & Ethics 39 (3):469-487.
The Law, Policy, and Ethics of Employers' Use of Financial Incentives to Improve Health.Kristin M. Madison, Kevin G. Volpp & Scott D. Halpern - 2011 - Journal of Law, Medicine & Ethics 39 (3):450-468.
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.Peter West-Oram - 2013 - Health Care Analysis 21 (3):237-247.
From Health Care Reform to Public Health Reform.Micah L. Berman - 2011 - Journal of Law, Medicine & Ethics 39 (3):328-339.
The New Era of Comparative Effectiveness: Will Public Health End Up Left Behind?Richard S. Saver - 2011 - Journal of Law, Medicine & Ethics 39 (3):437-449.
The Individual Mandate: Implications for Public Health Law.Wendy E. Parmet - 2011 - Journal of Law, Medicine & Ethics 39 (3):401-413.
Exploring the Synergies Between Human Rights and Public Health Ethics: A Whole Greater Than the Sum of its Parts.Stephanie Nixon & Lisa Forman - manuscript
John Stuart Mill on Health Care Reform.Sean Donaghue Johnston - 2011 - Social Philosophy Today 27:63-74.
Health Information: Reconciling Personal Privacy with the Public Good of Human Health. [REVIEW]Lawrence O. Gostin - 2001 - Health Care Analysis 9 (3):321-335.
Added to index2011-08-23
Total downloads22 ( #225,156 of 2,158,671 )
Recent downloads (6 months)1 ( #354,589 of 2,158,671 )
How can I increase my downloads?