Health Care: Constitutional Rights and Legislative Powers

Health Care: Constitutional Rights and Legislative Powers

Date: March 23, 2012
Creator: Swendiman, Kathleen S.
Description: The health care reform debate raises many complex issues including those of coverage, accessibility, cost, accountability, and quality of health care. Underlying these policy considerations are issues regarding the status of health care as a constitutional or legal right. This report analyzes constitutional and legal issues pertaining to a right to health care, as well as the power of Congress to enact and fund health care programs. Following the passage of the Patient Protection and Affordable Care Act, P.L. 111-148, legal issues have been raised regarding the power of Congress to mandate that individuals purchase health insurance, and the ability of states to "nullify" or "opt out" of such a requirement. These issues are also discussed.
Contributing Partner: UNT Libraries Government Documents Department
Health Care: Constitutional Rights and Legislative Powers

Health Care: Constitutional Rights and Legislative Powers

Date: July 9, 2012
Creator: Swendiman, Kathleen S.
Description: This report analyzes constitutional and legal issues pertaining to a right to health care, as well as the power of Congress to enact and fund health care programs. The report also discusses legal issues that have been raised regarding the power of Congress to mandate that individuals purchase health insurance, and the ability of states to "nullify" or "opt out" of such a requirement, following the passage of the Patient Protection and Affordable Care Act (P.L. 111-148).
Contributing Partner: UNT Libraries Government Documents Department
Mandatory Vaccinations: Precedent and Current Laws

Mandatory Vaccinations: Precedent and Current Laws

Date: March 10, 2011
Creator: Swendiman, Kathleen S.
Description: This report provides an overview of the legal precedent for mandatory vaccination laws, and of state laws that require certain individuals or populations, including school-aged children and health care workers, to be vaccinated against various communicable diseases. Also discussed are state laws providing for mandatory vaccinations during a public health emergency or outbreak of a communicable disease.
Contributing Partner: UNT Libraries Government Documents Department
Mandatory Vaccinations: Precedent and Current Laws

Mandatory Vaccinations: Precedent and Current Laws

Date: February 24, 2011
Creator: Swendiman, Kathleen S.
Description: This report provides an overview of the legal precedent for mandatory vaccination laws, and of state laws that require certain individuals or populations, including school-aged children and health care workers, to be vaccinated against various communicable diseases. Also discussed are state laws providing for mandatory vaccinations during a public health emergency or outbreak of a communicable disease.
Contributing Partner: UNT Libraries Government Documents Department
The 2009 Influenza Pandemic: Selected Legal Issues

The 2009 Influenza Pandemic: Selected Legal Issues

Date: June 15, 2009
Creator: Swendiman, Kathleen S.
Description: In late April 2009, human cases of infection with a novel influenza A(H1N1) virus, commonly known as "swine flu," were identified. Since then, the virus has become widespread. It is timely to examine the legal issues surrounding this public health threat. This report provides a brief overview of selected legal issues including emergency measures, civil rights, liability issues, and employment issues.
Contributing Partner: UNT Libraries Government Documents Department
The Social Security Number: Legal Developments Affecting Its Collection, Disclosure, and Confidentiality

The Social Security Number: Legal Developments Affecting Its Collection, Disclosure, and Confidentiality

Date: February 4, 2014
Creator: Swendiman, Kathleen S. & Lanza, Emily M.
Description: This report provides a comprehensive list of federal developments affecting use of the social security number, from 1935 to the present. This list includes federal statutes regulating the collection and disclosure of SSNs, as well as specific authorizations for the use of SSNs, confidentiality provisions, and criminal provisions relating to SSN misuse.
Contributing Partner: UNT Libraries Government Documents Department
Mandatory Vaccinations: Precedent and Current Laws

Mandatory Vaccinations: Precedent and Current Laws

Date: May 21, 2014
Creator: Cole, Jared P. & Swendiman, Kathleen S.
Description: This report provides an overview of the legal precedent for mandatory vaccination laws, and of state laws that require certain individuals or populations, including school-aged children and health care workers, to be vaccinated against various communicable diseases. Also discussed are state laws providing for mandatory vaccinations during a public health emergency or outbreak of a communicable disease.
Contributing Partner: UNT Libraries Government Documents Department
Federal and State Quarantine and Isolation Authority

Federal and State Quarantine and Isolation Authority

Date: August 16, 2006
Creator: Swendiman, Kathleen S. & Elsea, Jennifer K.
Description: This report provides an overview of federal and state public health laws as they relate to the quarantine and isolation of individuals, a discussion of constitutional issues that may be raised should individual liberties be restricted in a quarantine situation, and federalism questions that may arise where federal and state authorities overlap. In addition, the possible role of the armed forces in enforcing public health measures is discussed, specifically whether the Posse Comitatus Act would constrain any military role, and other statutory authorities that may be used for the military enforcement of health measures.
Contributing Partner: UNT Libraries Government Documents Department