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Hofstra Law Faculty Scholarship
Medical care of prisoners; Formerly incarcerated people; Medicaid; Legal status of Medicaid beneficiaries; Prisons; Medical care of prisoners with mental illness; Medical care laws; United States; United States. Constitution. 8th Amendment; Administration of Human Resource Programs (except Education
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Prison Health Care After The Affordable Care Act: Envisioning An End To The Policy Of Neglect, Evelyn Malave
Prison Health Care After The Affordable Care Act: Envisioning An End To The Policy Of Neglect, Evelyn Malave
Hofstra Law Faculty Scholarship
Inadequate prison health care has created a health crisis for reentering prisoners and their communities--a crisis that is exacerbated by barriers to employment and other collateral consequences of release. This Note will first examine how current Eighth Amendment doctrine has failed to sufficiently regulate prison health care so as to have any significant effect on the crisis. Next, it will argue that the Affordable Care Act (ACA) alters the Eighth Amendment analysis by triggering a change in the "evolving standards of decency" that guide the doctrine. Specifically, this Note will argue that, after the passage of the ACA, releasing sick, …
Prison Health Care After The Affordable Care Act: Envisioning An End To The Policy Of Neglect, Evelyn Malave
Prison Health Care After The Affordable Care Act: Envisioning An End To The Policy Of Neglect, Evelyn Malave
Hofstra Law Faculty Scholarship
Inadequate prison health care has created a health crisis for reentering prisoners and their communities--a crisis that is exacerbated by barriers to employment and other collateral consequences of release. This Note will first examine how current Eighth Amendment doctrine has failed to sufficiently regulate prison health care so as to have any significant effect on the crisis. Next, it will argue that the Affordable Care Act (ACA) alters the Eighth Amendment analysis by triggering a change in the "evolving standards of decency" that guide the doctrine. Specifically, this Note will argue that, after the passage of the ACA, releasing sick, …