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Full-Text Articles in Law
An Opening For Civil Rights In Health Insurance After The Affordable Care Act, Valarie K. Blake
An Opening For Civil Rights In Health Insurance After The Affordable Care Act, Valarie K. Blake
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Section 1557, the civil rights provision of the Affordable Care Act (“ACA”), is unmatched in its reach, widely applying race, gender, disability, and age discrimination protections across all areas of healthcare. This Article will explore the value added of a civil rights approach to combating health insurance discrimination when combined with other ACA anti-discrimination efforts that were designed to regulate the health insurance market. It will emphasize the role that section 1557 can play in combatting healthcare disparities and will explore the utility of disparate impact and disparate treatment claims to those cases. Lastly, the Article will posit that two …
What Is (And Isn't) Healthism, Jessica L. Roberts, Elizabeth Weeks Leonard
What Is (And Isn't) Healthism, Jessica L. Roberts, Elizabeth Weeks Leonard
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What does it mean to discriminate on the basis of health status? Health is, of course, relevant in a number of ways. It can speak to the length of our lives, our ability to perform mentally and physically, our need for health care, and our risk of injury and incapacity. But the mere relevance of a particular attribute does mean that considering it should be legally permissible. Moreover, the potential harms that may result from health-status discrimination raise important moral questions. This Essay explores when differentiating on the basis of health is socially acceptable and, by contrast, when it is …