Fragmentation has aptly described the United States\u27 historically decentralized, disjointed, and disintegrated approach to health care.\u27 While fragmentation has endured in multiple dimensions-political, economic, organizational, relational, regulatory, and philosophical, to name a few-the exclusionary characteristic of American health care facilitated by fragmentation has been one of the greatest hurdles to access to needed care

Huberfeld, Nicole

English

This essay explores how the law of Medicaid after fifty years creates a meaningful principle of universalism by shifting from fragmentation and exclusivity to universality and inclusivity. The universality principle provides a new trajectory for all of American health care, one that is not based on individual qualities that are unrelated to medical care but rather grounded in non-judgmental principles of unification and equalization (if not outright solidarity). To that end, this Essay first will study the legislative reformation that led to universality and its quantifiable effects. The Essay then will assess and evaluate Medicaid’s new universality across four dimensions, namely governance, administration, equity, and eligibility. Each reveals a facet of universality that underscores this new principle’s importance for health care into the future

University of Kentucky

The Universality of Medicaid at Fifty

Yale Law School Legal Scholarship Repository

This essay, written for the Yale Law School symposium on The Law of Medicare and Medicaid at 50, explores how the law of Medicaid after the ACA creates a meaningful principle of universalism by shifting from fragmentation and exclusivity to universality and inclusivity. The universality principle provides a new trajectory for all of American health care, one that is not based on individual qualities that are unrelated to medical care but rather grounded in non-judgmental principles of unification and equalization (if not outright solidarity). This essay examines the ACA\u27s legislative reformation, which led to universality, and its quantifiable effects. The essay then assesses and evaluates Medicaid’s new universality across four dimensions - governance, administration, equity, and eligibility. Each reveals a facet of universality that underscores this new principle’s importance for health care into the future

Scholarly Commons at Boston University School of Law

NELLCO Consortium Legal Scholarship Repository

bepress Legal Repository

https://scholarship.law.bu.edu/cgi/viewcontent.cgi?article=1892&amp;context=faculty_scholarship

The Universality of Medicaid at Fifty

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University of Kentucky

University of Kentucky

Yale Law School Legal Scholarship Repository

Scholarly Commons at Boston University School of Law

NELLCO Consortium Legal Scholarship Repository

bepress Legal Repository