Is healthcare a fundamental right?

[truthseeker20]

As resident or citizen of United States of Amercia, there is expectation to have adequate healthcare for all people in this country. In the past decade, vast amounts of time, energy, lobbying, and legal disputes have occurred related to Affordable Care Act (ACA). This elaborate public law law whereby there has so much law-making and political activities expended by the two major parties (Democrats and Republicans) in U.S. Congress and not to exclude the few lonely independents if they exist in that institution, the Affordable Care Act (ACA) is unconstitutional (under U.S. Constitution) in several ways. The finer nuances and interpretations, the ubiquitous commerce clause, and other parts of the U.S. Constitution make it invalid or unenforceable under US (federal) laws. This analysis does not even include the rights of people, corporations, and other institutions under various state constitutions and laws to protest or challenge the ACA.

The fragmented health care system needs uniformity before even ACA can be considered valid law. It like putting the cart before the horse or ox (if you happen to be born abroad). The Democrats or liberals at times keeping stating that healthcare is a right.
NO, healthcare is not right emanating from the U.S. Constitution, but access to health care is generally viewed as equal access to healthcare under common laws and societal expectations or norms of society. Yes, I am aware of the wording, “life, liberty and the pursuit of happiness” in the U.S. Constitution. Without further digression, life means to be free from bodily harm and unjustified termination of one’s life by another person or government. Also, the concept and onset of life is complicated question in itself. Do you define person in coma or on ventilator who is not brain dead yet to have “life?”

Fundamentally, physician-patient relationship or duty to care arises under basically contract or tort laws or as private rights as opposed to U.S. Constitutional-derived rights. Similar concept applies to same-sex marriage, but that’s another pandora’s box best left for some other time. Federal laws are created when federal government’s funds or money (people’s money given to government officials to use for various functions) is utilized in healthcare settings for patient care, research, teaching future physicians or healthcare personnel, etc. and such healthcare activities should not be discriminatory or infringe on federally-derived rights.

Under Hippocratic oath taken by physicians, they have ethical and moral duty to take of all patients they are able or can see with equal regard, patient care, etc. without discrimination. The one obstacle that may prevent equal access to healthcare provider is ability to pay and more precisely, how to pay since nearly all doctors don’t work under charity, but are working as career endeavor or make a living in their chosen profession. Furthermore, ability to pay for patient care is not equal among people, hence the rise of distribution of risk or transfer of economic risks via insurance. The concept that people with money or funds and good health pay for others who have ill health or unable to pay or both. The redistribution of money under complex formulations, tables of risks, and actuary data.

Healthcare is right argument also rests on basic assumption that all people’s healthcare needs are equal or their health statuses are equal. A fundamentally flawed view that is not supported by practical and observed facts as well as science of hereditary. Also, there are other reasons including personal right to have or not to have healthcare at times for personal moral, religious, dynamic economics, alternative healthcare options, etc. that make view of healthcare as federal right seems absurd. What about people’s lifestyle, eating, healthcare, and risk-taking choices, are they equal for all people?

There is more to convey, but suffice to say, healthcare system needs reforms and major changes before equality of patient care is perceived from lens of getting people to depart with their money to risk managers like health insurance companies or even the government under system where 1/3 of initial diagnoses turn out to be wrong, symptoms-suppressing healthcare or prescribing medications takes precedent over disease prevention or curing methods, where the underlying causes of various socio-economic-psychological problems are not solved that lead to reactionary healthcare, and money is wasted under inefficient, imperfect, non-uniform, and at times incompetent or defensive healthcare (by the way, Republicans, F.Y.I.: tort litigation costs in healthcare industry, it is estimated amount to less than 1-5% of total expenditures). Such costs pale in comparison to trillions of assets under reserves held by insurance companies, banks, financial holding companies, and similar firms that play with money derived ultimately from people and their earnings. This amount doesn’t even count derivatives contracts made out of thin air based on some transactional or economical events or financial gyrations. See banks, re-insurance or have a talk with Mr. Powell and the central bankers take more QE measures to keep the banking system afloat and provide easy liquidity.

Fight the good fight, but always fight for the right principles, truth, and justice with the consequences being by-products since they are nothing but unfolding of events based on the past; the past has caused the present that determines the future…If healthcare is right, then what about deathcare or wealthcare or right to have job no matter what your education level or skill set or talent level…Just asking?!

[Author]

Posts