Home      Login

Consumer Rights Come to Jail: How the Affordable Care Act Changes the Rights of Individuals Pending Disposition  

Author:  Daniel J. Mistak, J.D..

Source: Volume 16, Number 05, July/August 2015 , pp.65-72(8)

Correctional Health Care Report

next article > |return to table of contents


The consumer-focused protections created for individuals under the ACA have changed the paradigm for individuals in jail pending disposition. No longer are detainees governed solely by constitutionally established standards for health care while in jail. As individuals enrolled in a qualifying health plan under ACA, they now have legal rights as consumers. The criminal justice system must adapt in a way that allows individuals in jail pending disposition to exercise those rights. For health care and correctional policymakers, this issue brief describes the policy behind the consumer-focused protections in the ACA, the provisions within the ACA for individuals pending disposition, and how these provisions change the health care paradigm for individuals pending disposition.

Keywords: Affordable Care Act; Market-Driven Health Care Expansion; Estelle v. Gamble; Farmer v. Brennan; Turner v.Safley; Pre-emption doctrine

Affiliations:  1: Community Oriented Correctional Health Services (COCHS).

Subscribers click here to open full text in PDF.
Non-subscribers click here to purchase this article. $30

next article > |return to table of contents