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This annotated bibliography will explore the primary federally and state-funded healthcare programs, Medicare and Medicaid, from a number of perspectives. First, this annotation will develop a broad understanding of the programs, including: the purpose of the programs, the intended beneficiaries of the program, how these programs are funded, and how costs of the program are allocated. Also, and perhaps of most immediate interest, this annotation attempts to create a comprehensive understanding of how the Affordable Care Act will affect Medicare and Medicaid and on what grounds the proposed healthcare program is potentially violating the Constitution.
Specific attention will be paid to the Medicaid program and its role in providing increased access to affordable health services to underserved and underprivileged minority groups in America. Blacks represent a disproportionate portion of enrollment in Medicaid which brings about a number of unintended results, including Blacks having less access to facilities and providers of comparable quality to whites. Additionally, because states have some latitude in determining what services and resources are available through Medicaid, Blacks are adversely affected because many diseases and infirmities that fall more heavily on Blacks may not be covered as comprehensively as those that do not. Also, availability of, and access to, quality health care facilities is another hurdle that tends to fall disproportionately on Blacks and people of color. This annotation will explore what the Affordable Care Act will do, via federally funded programs, to reduce the number of uninsured Blacks and reduce the health disparities between Blacks and the rest of the population.
The following resources are included in this bibliography:
Statutes – Federal:
- Civil Rights Act of 1964, Title VI – Nondiscrimination in Federally Assisted Programs §601, 42 United States Code Annotated §2000d (1964).
- Civil Rights Act of 1964, Title VI – Nondiscrimination in Federally Assisted Programs §602, 42 United States Code Annotated §2000d-1 (1964).
- Nondiscrimination in Federally Assisted Programs – Implementation of Title VI of the Civil Rights Act of 1964, 28 Code of Federal Regulations §42.104 (Westlaw current through March 11, 2012).
- Alexander v. Sandoval, 532 United States Supreme Court 275 (2001).
- Bryan v. Koch, 627 United States Court of Appeals, Second Circuit 612 (1980).
- NAACP v. The Medical Center, 657 United States Court of Appeals, Third Circuit 1322 (1981).
Law Review Articles:
- Maxwell Mehlman & Karen Visocan, Medicare and Medicaid: Are They Just Health Care Systems?, 29 Houston Law Review 835 (1992).
- Walter L. Stiehm, Poverty Law: Access to Healthcare and Barriers to the Poor, 4 Quinnipiac Health Law Journal 279 (2001).
- Carol Ewald Bowen, Medicare and Medicaid: An Overview of Existing Programs and Compliance Issues, 2009 Westlaw 534744 (2009).
- Melanie K. Gross, Invisible Shackles and the Compromise to the Medical Civil Rights Movement, 47 Howard Law Journal 943 (2004).
- Gwendolyn Roberts Majette, Access to Health Care: What a Difference Shades of Color Make, 12 Annals of Health Law 121 (2003).
- M. Gregg Bloche, Race and Discretion in American Medicine, 1 Yale Journal of Health Policy, Law, and Ethics 95 (2001).
- Michael Campbell, Did I Do That? An Argument for Requiring Pennsylvania to Evaluate the Racial Impact of Medicaid Policy Decisions Prior to Implementation, 82 Temple Law Review 1163 (2010).
- Thad Kousser, The Politics of Discretionary Spending, 1980-1993, 27 Journal of Health Politics, Policy & Law 639 (2002).
- Ruqaiijah Yearby, African Americans Can’t Win, Break Even, or Get Out of the System: The Persistence of “Unequal Treatment” in Nursing Home Care, 82 Temple Law Review 1177 (2010).
- Laura Hermer, The States’ Challenge to the Affordable Care Act’s Medicaid Expansion, 33 Whittier Law Review 1 (2011).
- Matthew McKennan, Medicaid Access After Health Reform: The Shifting Legal Basis for Equal Access, 7 Seton Hall Circuit Review 477 (2011).
- Sara Rosenbaum & Benjamin D. Sommers, Rethinking Medicaid in the New Normal, 5 St. Louis University Journal of Health Law & Policy 127 (2011).
- Renee M. Landers & Patrick A. Leeman, Medicaid Expansion Under the 2010 Health Care Reform Legislation: The Continuing Evolution of Medicaid’s Central Role in American Health Care, 7 National Academy of Elder Law Attorneys Journal 143 (2011).
- The Henry J. Kaiser Family Foundation, Medicaid’s Role for Black Americans, http://www.kff.org/medicaid/upload/8188.pdf (accessed February 11, 2012).
- The Henry J. Kaiser Family Foundation, A Guide to the Supreme Court’s Review of the 2010 Health Care Reform Law, http://www.kff.org/healthreform/upload/8270-2.pdf (accessed February 20, 2012).
- The Henry J. Kaiser Family Foundation, Explaining Health Care Reform: Questions about Medicaid’s Role, http://www.kff.org/healthreform/upload/7920-02.pdf (accessed January 23, 2012).
- The Henry J. Kaiser Family Foundation, The Digital Divide and Access to Health Information Online, http://www.kff.org/kaiserpolls/upload/8176.pdf (accessed February 11, 2012).
- U.S. Department of Health and Human Services, Medical Loss Ratio: Getting Your Money’s Worth on Health Insurance, http://www.healthcare.gov/news/factsheets/2010/11/medical-loss-ratio.html (accessed February 11, 2012).
- Lisa Potetz, Juliette Cubanski and Tricia Neuman, Medicare Spending and Financing, http://www.kff.org/medicare/upload/7731-03.pdf (accessed February 7, 2012).
- The Henry J. Kaiser Family Foundation, Health Reform and Communities of Color: Implications for Racial and Ethnic Health Disparities, http://www.kff.org/medicare/upload/8016-02.pdf (accessed February 11, 2012).
- The Henry J. Kaiser Family Foundation, Explaining Health Care Reform: How Will the Affordable Care Act Affect Small Businesses and Their Employees?, http://www.kff.org/medicare/upload/8275.pdf (accessed February 11, 2012).
- Marsha Lillie-Blanton, Julia Paradise, Megan Thomas, Paul Jacobs and Bianca DiJulio, Racial/Ethnic Disparities in Access to Care Among Children: How Does Medicaid Do in Closing the Gaps?, http://www.kff.org/minorityhealth/upload/8031.pdf (accessed February 14, 2012).
- The Henry J. Kaiser Family Foundation, Medicaid and the Uninsured: Key Questions About Medicaid and Its Role in State/Federal Budgets and Health Reform, http://www.kff.org/medicaid/upload/8139.pdf (accessed March 18, 2012).
- The Henry J. Kaiser Family Foundation, Income-relating Medicare Part B and Part D Premiums Under Current Law and Recent Proposals: What are the Implications for Beneficiaries?, http://www.kff.org/medicare/upload/8276.pdf (accessed February 20, 2012).
- Office of the Legislative Counsel, Compilation of Patient Protection and Affordable Care Act, http://housedocs.house.gov/energycommerce/ppacacon.pdf (accessed April 13, 2012).