Implications of the Affordable Care Act to Be Explored at SUNY Downstate September 20
Sep 13, 2012
The John Conley Division of Medical Ethics and Humanities at SUNY Downstate Health
Sciences University will present a lecture on the United States Supreme Court decision
upholding the constitutionality of the Affordable Care Act, Thursday, September 20,
2012, at 4:00 pm.
Guest speaker David Orentlicher, MD, JD, will talk on “Broccoli, Medicaid, and Mandates:
Implications of the Affordable Care Act,” a reference to the key objections raised
by critics of the Act. If the federal government can require people to buy insurance
because it would be good for their health, then, it is said, the government can require
people to buy all sorts of things that are good for their health – like broccoli.
Similarly, if the federal government can force states to spend billions of Medicaid
dollars to address the health care needs of their residents, it can force states to
spend billions of dollars on other social programs.
According to Dr. Orentlicher, the Court's 5-4 vote was a strong counter to these arguments.
“Affordable Care Act critics greatly exaggerated the implications of the Act for federal
power,” he says. “Allowing the Act to largely go forward preserves the ability of
Congress to regulate on behalf of the public welfare while presenting no new threats
to individual liberty or state autonomy.”
But what about the Court’s holding on the Medicaid expansion portion of the Act?
Didn’t the justices recognize that Congress was trying to deny states their rightful
authority over healthcare policy? “Even though the Court ruled that the Medicaid expansion
was optional, it will be surprising if any states actually refuse to participate,”
says Dr. Orentlicher. “Rather than putting ‘a gun to the head’ of the states, Congress
made an offer that’s too good to refuse.”
As the Presidential campaign moves into full swing, the Affordable Care Act, Medicaid,
and healthcare law are certain to be center stage: Dr. Orentlicher's lecture promises
a lively framing of the issues.
Dr. Orentlicher, a frequent commentator on health law for The New York Times, CNN, and other media, is the Samuel R. Rosen Professor and co-director of the William
S. and Christine S. Hall Center for Law and Health at the Indiana University Robert
H. McKinney School of Law. He was a member of the Indiana House of Representatives
from 2002 to 2008, and has also served as director of the Division of Medical Ethics
of the American Medical Association.
This event is co-sponsored by the Brooklyn Free Clinic and Physicians for a National
Health Program at Downstate. The presentation will take place in Lecture Hall 1–A,
Health Science Education Building, 395 Lenox Road, Brooklyn, NY 11203. For more information,
call 718-270-3780.
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About SUNY Downstate Health Sciences University
Downstate Health Sciences University in Brooklyn is one of four academic health centers (AMCs) in The State University of New York (SUNY) 64-campus system and the only SUNY AMC in New York City dedicated to health education, research, and patient care for the borough’s 2.7 million residents. Its flagship hospital, University Hospital at Downstate (UHD), is a teaching hospital and benefits from the expertise of Downstate’s exceptional medical school and world-class academic center research facilities. With a staff of over 800 physicians representing 53 specialties and subspecialties, Downstate offers comprehensive healthcare services to the community.
UHD provides high-risk neonatal and infant services, pediatric nephrology, and dialysis for kidney diseases and is the only kidney transplantation program in Brooklyn. Beyond its clinical expertise, Downstate houses a range of esteemed educational institutions, including its College of Medicine, College of Nursing, School of Health Professions, School of Graduate Studies, and School of Public Health. Downstate fosters innovation through its multifaceted biotechnology initiative, the Biotechnology Incubator and BioBAT, which support early-stage and more mature biotech companies.