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- Health equity; race discrimination; disability discrimination; Affordable Care Act; ACA; Fair Housing Act; FHA; Civil Rights Act; health outcomes; health disparity; HUD; HHS; Title VI; Americans with Disabilities Act; ADA; (1)
- Pregnancy; drug use; substance use; fetus; fetal rights; drug use during pregnancy; privacy; reproductive liberty; abortion; war on drugs; neglect; abuse; child welfare; child protection; family court; New York; FCA 1012; harm to the child (1)
- Reproductive health; Hospital merger; Hospital mergers; Secular and nonsecular merger; secular and nonsecular mergers; Access to care; Full spectrum health care; Abortion access; Antitrust law; Sherman act; Clayton act; Merger guidelines; Protecting access to care; Health care (1)
Articles 1 - 3 of 3
Full-Text Articles in Social Welfare Law
Affirmatively Furthering Health Equity, Mary Crossley
Affirmatively Furthering Health Equity, Mary Crossley
Brooklyn Law Review
Pervasive health disparities in the United States undermine both public health and social cohesion. Because of the enormity of the healthcare sector, government action, standing alone, is limited in its power to remedy health disparities. This article proposes a novel approach to distributing responsibility for promoting health equity broadly among public and private actors in the healthcare sector. Specifically, it recommends that the Department of Health and Human Services issue guidance articulating an obligation on the part of all recipients of federal healthcare funding to act affirmatively to advance health equity. The Fair Housing Act’s requirement that recipients of federal …
Punishing Drug Use During Pregnancy: Is It Time To “Just Say No” To Fetal Rights?, Danika E. Gallup
Punishing Drug Use During Pregnancy: Is It Time To “Just Say No” To Fetal Rights?, Danika E. Gallup
Brooklyn Law Review
In family courts throughout the country, civil neglect and abuse petitions are routinely brought against individuals based on their drug use during pregnancy. While some may be quick to justify such state interventions in the name of child protection based on the presumption that drug use always harms fetuses in utero and the child once it is born, this note questions the propriety of such justifications. While drug use during pregnancy may result in detrimental health outcomes, the theoretical underpinning of this premise has been dramatically distorted due to racist and classist assumptions that permeate child protective schemes. Medical research …
Shifting Antitrust Laws And Regulations In The Wake Of Hospital Mergers: Taking The Focus Off Of Elective Markets And Centering Health Care, Maya Inka Ureño-Dembar
Shifting Antitrust Laws And Regulations In The Wake Of Hospital Mergers: Taking The Focus Off Of Elective Markets And Centering Health Care, Maya Inka Ureño-Dembar
Brooklyn Law Review
Access to health care requires access to a care center and access to comprehensive health care services. Rampant hospital mergers are uniquely poised to reduce both the number of hospitals, requiring patients to travel further, and the services provided within a newly merged hospital, namely reproductive health services. This phenomenon is clearly seen through the merging of secular and nonsecular hospitals, which often result in patients being forced to travel much further for reproductive health care. In the United States’ current model, health care is not a right, but is treated as a commodity. As such, it is governed by …