Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 3 of 3
Full-Text Articles in Law
Challenges For People With Disabilities Within The Health Care Safety Net, Michael Ulrich
Challenges For People With Disabilities Within The Health Care Safety Net, Michael Ulrich
Faculty Scholarship
Medicare and Medicaid were passed to serve as safety nets for the country's most vulnerable populations, yet, the disabled community continues to be one whose health care needs are not being met. This group is all too frequently left to suffer health disparities due to cultural incompetency, stigma and misunderstanding, and an inability to create policy changes that covers the population as a whole and their acute and long-term needs.
Health Insurance Is Dead; Long Live Health Insurance, Wendy K. Mariner
Health Insurance Is Dead; Long Live Health Insurance, Wendy K. Mariner
Faculty Scholarship
Today, health insurance is no longer simply a class of insurance that covers risks to health, and it has not been so for many years. Health insurance has become a unique form of insurance — a mechanism to pay for healthcare that uses risk spreading as one of several pricing methods. The Affordable Care Act builds on this important payment function to create a complex social insurance system to finance healthcare for (almost) everyone. This article examines how the ACA draws on various conceptions of insurance to produce a quasi-social insurance system. This system poses new challenges to laws governing …
Testing Poor Pregnant Women For Cocaine: Physicians As Police Investigators, George J. Annas
Testing Poor Pregnant Women For Cocaine: Physicians As Police Investigators, George J. Annas
Faculty Scholarship
In 1989, Supreme Court Justice Thurgood Marshall surmised that “declaring a war on illegal drugs is good public policy . . . [but] the first, and worst, casualty of war will be the precious liberties of our citizens.” The same year, in the midst of President George Bush's “war on drugs,” the Medical University of South Carolina initiated a program to screen selected pregnant patients for cocaine and to provide positive test results to the police. At a time of high public concern about “cocaine babies,” this program seemed reasonable to the university and local public officials. Drug-screening programs in …