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Maurice A. Deane School of Law at Hofstra University

Hofstra Law Faculty Scholarship

2014

And Veterans' Affairs Programs); Correctional Institutions; Commercial and Institutional Building Construction; Federal correctional services; Provincial correctional services; Patient Protection & Affordable Care Act; Health

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Prison Health Care After The Affordable Care Act: Envisioning An End To The Policy Of Neglect, Evelyn Malave Jan 2014

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, …