Question

Based on the U.S. Constitution, what do you think the proper role of government is in health care and why?

Answer 1

The Constitution of the United States does not provide for an explicit right to healthcare, and the Supreme Court has never interpreted the Constitution as guaranteeing the government's right to healthcare services for those who can not afford it. However, the Supreme Court held that, under certain limited circumstances, the government has an obligation to provide medical care, for example for prisoners.

Congress has passed various statutes, such as Medicare, Medicaid and the Children's Health Insurance Program, which set out and establish the statutory rights of individuals to access government health care services. As a major component of many laws pertaining to healthcare entitlements, Congress has provided funding to pay for health services provided by law.

While the definitions of the United States Constitution and Supreme Court do not recognize a fundamental right to health care at the expense of the government, Congress has passed several laws that create and define the statutory rights of individuals to access government medical services. Furthermore, other laws, such as Title VI of the 1964 Civil Rights Act that prohibits discrimination in federally funded programs, affect the way services are provided under federal grants.

Congress has the power to regulate healthcare matters within its power to regulate interstate trade, and it did so when it enacted the 1986 Consolidated Omnibus Budget Reconciliation Act (COBRA), which directly regulates the healthcare industry by imposing continuing insurance requirements on persons losing employment-related healthcare benefits. The Employee Retirement Income Security Act of 1974 (ERISA) also generally regulated employee benefits, including health insurance.