Health Care: Constitutional Rights and Legislative Powers

Swendiman, Kathleen S.

Library of Congress. Congressional Research Service.

关键词: Medical care;    Access to health care;    Health policy;    Medicaid;    Medicare;   

RP-ID  :  R40846
RP-ID  :  R40846_2012Mar23

美国|英语

来源: UNT Digital Library

【 摘 要 】

The health care reform debate raises many complex issues including those of coverage, accessibility, cost, accountability, and quality of health care. Underlying these policy considerations are issues regarding the status of health care as a constitutional or legal right. This report analyzes constitutional and legal issues pertaining to a right to health care, as well as the power of Congress to enact and fund health care programs. Following the passage of the Patient Protection and Affordable Care Act, P.L. 111-148, legal issues have been raised regarding the power of Congress to mandate that individuals purchase health insurance, and the ability of states to "nullify" or "opt out" of such a requirement. These issues are also discussed.