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1.
J Law Med Ethics ; 51(4): 979-983, 2023.
Article in English | MEDLINE | ID: mdl-38477270

ABSTRACT

Our students ought to know about the history of formal hospital segregation and desegregation. To that end, this article urges those who teach foundational health law and policy courses to do three things. First, to teach the Simkins case. Second, to swap out the usual Medicare signing ceremony picture for one that includes W. Montague Cobb, M.D., Ph.D. Third, to highlight how the implementation of that program for the elderly led, in a matter of months, to the desegregation of hospitals throughout the country.


Subject(s)
Desegregation , Aged , Humans , United States , Civil Rights , Medicare , Hospitals , Students
2.
Am J Law Med ; 45(2-3): 106-129, 2019 May.
Article in English | MEDLINE | ID: mdl-31722633

ABSTRACT

Beginning on inauguration day, President Trump has attempted an executive repeal of the Affordable Care Act. In doing so, he has tested the limits of presidential power. He has challenged the force of institutional and non-institutional constraints. And, ironically, he has helped boost public support for the ACA's central features. The first two sections of this article respectively consider the use of the President's tools to advance and to subvert health reform. The final two sections consider the forces constraining the administration's attempted executive repeal. I argue that the most important institutional constraint, thus far, is found in multifaceted actions by states - and not only blue states. I also highlight the force of public voices. Personal stories, public opinion, and 2018 election results - bolstered by presidential messaging - reflect growing support for government-grounded options and statutory coverage protections. Indeed, in a polarized time, "refine and revise" seems poised to supplant "repeal and replace" as the conservative focus countering liberal pressure for a common option grounded in Medicare.


Subject(s)
Administrative Personnel , Health Care Reform/legislation & jurisprudence , Patient Protection and Affordable Care Act/legislation & jurisprudence , Politics , Federal Government , Financing, Government/legislation & jurisprudence , Financing, Government/organization & administration , Government Regulation , Health Care Reform/history , History, 20th Century , History, 21st Century , Humans , Insurance, Health, Reimbursement/legislation & jurisprudence , Jurisprudence , Medicaid/legislation & jurisprudence , Medicaid/organization & administration , Medicare/legislation & jurisprudence , Medicare/organization & administration , Patient Protection and Affordable Care Act/organization & administration , Preexisting Condition Coverage , Public Opinion , State Government , United States
3.
J Law Med Ethics ; 47(4_suppl): 79-90, 2019 12.
Article in English | MEDLINE | ID: mdl-31955692

ABSTRACT

Between 2010 and 2016, the percentage of uninsured higher education students dropped by more than half. All the Affordable Care Act's key access provisions contributed, but the most important factor appears to be the Medicaid expansion. This article is the first to highlight this phenomenon and ground it in data. It explores the reasons for this dramatic expansion of coverage, links it to theoretical frameworks, and considers its implications for the future of health reform. Drawing on Medicaid universality scholarship, I discuss potential consequences of including the educationally privileged in this historically stigmatized program. Extending this scholarship, I argue that the student experience and its reverberating effects portend support for emerging proposals to make Medicare a more common option. Woven into both analyses is the role of the Trump-era retrenchment, notably the administration's promotion of Medicaid "work or community engagement" requirements and of cheap, skimpy plans. Higher education students were an afterthought in the ACA's debates, and yet the law has profoundly impacted their coverage options. Students are now much more likely to have health insurance, and for it to be comprehensive. Looking to the next decade, the student experience harbingers support for both Medicaid universality and Medicare commonality.


Subject(s)
Health Care Reform/legislation & jurisprudence , Medicaid/legislation & jurisprudence , Medically Uninsured/legislation & jurisprudence , Patient Protection and Affordable Care Act/legislation & jurisprudence , Students , Humans , United States , Universities
4.
Glob Health Action ; 10(1): 1306391, 2017.
Article in English | MEDLINE | ID: mdl-28580879

ABSTRACT

BACKGROUND: Gay men and other men who have sex with men are disproportionately burdened by HIV infection. Laws that penalize same-sex intercourse contribute to a cycle of stigma, homonegativity and discrimination. In many African nations, laws criminalizing homosexuality may be fueling the epidemic, as they dissuade key populations from seeking treatment and health care providers from offering it. OBJECTIVES: We analyzed the ways in which policies and practices of the US President's Emergency Plan for AIDS Relief (PEPFAR) program addressed pervasively harsh anti-homosexuality laws across Africa. Given the aim of the US PEPFAR program to reduce stigma surrounding HIV, we explored how PEPFAR may have used its influence to reduce the criminalization of homosexuality in the countries where it operated. METHODS: We assessed homosexuality laws in 21 African countries where PEPFAR funding sought to reduce the HIV epidemic. We examined PEPFAR Policy Framework agreements associated with those countries, and other PEPFAR documents, for evidence of attempts to reduce stigma by decriminalizing homosexuality. RESULTS: We found 16 of Africa's 21 PEPFAR-funded countries had laws characterized as harsh in relation to homosexuality. Among the top eight PEPFAR-funded countries in Africa, seven had harsh anti-homosexuality laws. Most (14) of the 16 African 'Partnership Framework' (PEPFAR) policy agreements between African governments and the US State Department call for stigma reduction; however, none call for reducing penalties on individuals who engage in homosexual behavior. CONCLUSIONS: We conclude that while PEPFAR has acknowledged the negative role of stigma in fueling the HIV epidemic, it has, so far, missed opportunities to explicitly address the role of the criminalization of homosexuality in feeding stigmatizing attitudes. Our analysis suggests mechanisms like PEPFAR Partnership Framework agreements could be ideal vehicles to call for removal of anti-homosexuality legislation.


Subject(s)
Acquired Immunodeficiency Syndrome/psychology , HIV Infections/psychology , Homophobia/legislation & jurisprudence , Homophobia/psychology , Homosexuality/psychology , Sexual and Gender Minorities/legislation & jurisprudence , Sexual and Gender Minorities/psychology , Social Stigma , Adult , Africa/epidemiology , HIV Infections/epidemiology , Humans , Male , Middle Aged , Prevalence
5.
PLoS One ; 11(2): e0146720, 2016.
Article in English | MEDLINE | ID: mdl-26914708

ABSTRACT

Achieving an AIDS-free generation will require the adoption and implementation of critical health policy reforms. However, countries with high HIV burden often have low policy development, advocacy, and monitoring capacity. This lack of capacity may be a significant barrier to achieving the AIDS-free generation goals. This manuscript describes the increased focus on policy development and implementation by the United States President's Emergency Plan for AIDS Relief (PEPFAR). It evaluates the curriculum and learning modalities used for two regional policy capacity building workshops organized around the PEPFAR Partnership Framework agreements and the Road Map for Monitoring and Implementing Policy Reforms. A total of 64 participants representing the U.S. Government, partner country governments, and civil society organizations attended the workshops. On average, participants responded that their policy monitoring skills improved and that they felt they were better prepared to monitor policy reforms three months after the workshop. When followed-up regarding utilization of the Road Map action plan, responses were mixed. Reasons cited for not making progress included an inability to meet or a lack of time, personnel, or governmental support. This lack of progress may point to a need for building policy monitoring systems in high HIV burden countries. Because the success of policy reforms cannot be measured by the mere adoption of written policy documents, monitoring the implementation of policy reforms and evaluating their public health impact is essential. In many high HIV burden countries, policy development and monitoring capacity remains weak. This lack of capacity could hinder efforts to achieve the ambitious AIDS-free generation treatment, care and prevention goals. The Road Map appears to be a useful tool for strengthening these critical capacities.


Subject(s)
Acquired Immunodeficiency Syndrome/prevention & control , Global Health , HIV Infections/prevention & control , Health Policy , International Cooperation , Female , Health Care Reform , Humans , Male , National Health Programs , Public-Private Sector Partnerships , United States
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