Human Rights in The United States - Health Care

Health Care

The Universal Declaration of Human Rights, adopted by the United Nations in 1948, states that “everyone has the right to a standard of living adequate for the health and well-being of oneself and one’s family, including food, clothing, housing, and medical care.” In addition, the Principles of Medical Ethics of the American Medical Association require medical doctors to respect the human rights of the patient, including that of providing medical treatment when it is needed. Americans' rights in health care are regulated by the US Patients' Bill of Rights.

Unlike most other industrialized nations, the United States does not offer most of its citizens subsidized health care. The United States Medicaid program provides subsidized coverage to some categories of individuals and families with low incomes and resources, including children, pregnant women, and very low-income people with disabilities (higher-earning people with disabilities do not qualify for Medicaid, although they do qualify for Medicare). However, according to Medicaid's own documents, "the Medicaid program does not provide health care services, even for very poor persons, unless they are in one of the designated eligibility groups."

Nonetheless, some states offer subsidized health insurance to broader populations. Coverage is subsidized for persons age 65 and over, or who meet other special criteria through Medicare. Every person with a permanent disability, both young and old, is inherently entitled to Medicare health benefits — a fact not all disabled US citizens are aware of. However, just like every other Medicare recipient, a disabled person finds that his or her Medicare benefits only cover up to 80% of anything in the U.S. medical system, and that the other 20% must be paid by other means (typically supplemental, privately-held insurance plans, or cash out of the person's own pocket). Therefore, even the Medicare program is not truly national health insurance or universal health care the way most of the rest of the industrialized world understands it.

The Emergency Medical Treatment and Active Labor Act of 1986, an unfunded mandate, mandates that no person may ever be denied emergency services regardless of ability to pay, citizenship, or immigration status. The Emergency Medical Treatment and Labor Act has been criticized by the American College of Emergency Physicians as an unfunded mandate.

46.6 million residents, or 15.9 percent, were without health insurance coverage in 2005. This number includes about ten million non-citizens, millions more who are eligible for Medicaid but never applied, and 18 million with annual household incomes above $50,000. According to a study led by the Johns Hopkins Children's Center, uninsured children who are hospitalized are 60% more likely to die than children who are covered by health insurance.