America already has universal health coverage,
and it is killing every hospital that has an
emergency room. The flood of emigrants from Mexico
and Central America, who come to the United States
to work, still get an automatic entitlement to
this free, universal health care. It is the major
form of welfare they receive, since they are not
entitled to food stamps or cash aid.
Approximately 46 million Americans, or 15.7
percent of the population, were without health
insurance in 2004 (the latest government data
available). But these Americans are not without
access to medical care.
The Emergency Medical Treatment and Active
Labor Act (EMTALA) passed by Congress in 1985,
mandates that you have important rights when you
go to a hospital's emergency room, regardless of
your insurance status—or your immigration
status
- You have the right to receive emergency care at
any licensed facility with an emergency room.
- You have the right to be treated until your
emergency medical condition is stabilized when you
go to a hospital emergency room.
- You have the right be informed by the hospital
of your right to receive emergency services,
without regard to your ability to pay, prior to
being transferred or discharged.
- You have a right not to be transferred from an
emergency care facility against your will.
The real question is how these
government-mandated rights to health care, imposed
on hospitals and physicians who work in emergency
rooms, will be paid for.
Over the last year alone, Los Angeles County
has lost six emergency rooms and faces more
closures. Statewide, more than 65 emergency
departments have closed over the last decade, 28
of them since January 1, 2000, according to the
state's Department of Health Services. This crisis
is not limited to California, as it is happening
all over the United States.
According to a report released by the
California Medical Association (CMA), which
advocates on behalf of physicians and their
patients, nearly 80 percent of ERs lost money in
2004, the most recent year in which data were
available. Statewide, the losses have reached more
than $1 billion for both hospitals and
physicians.
In 1993, a major attempt by Hillary Clinton and
advocates of "universal health care"
almost imposed a complex system of taxation and
control over the American health care system. It
failed, but the 1985 EMTALA law had already pushed
the costs of medical care directly onto
hospitals.
Hospitals do get some state and federal
subsidies for their emergency rooms, and they
receive extra amounts based on factors such as the
number of illegal aliens and poverty clients they
serve. But the tax subsidies are not large enough
to cover the full costs, which is why many
emergency rooms have closed.
The current crisis in medical care is a classic
example of the problem with "welfare
rights" in our society. Human rights to life,
liberty, and property are guaranteed to each of us
as individuals under a system of justice that
makes sense, consistently. Each person, and our
government, follows the rules of behavior not to
commit force or fraud on other people.
But "welfare rights" are
different. Under this alternative system, some
people are guaranteed benefits that other people
are forced to work and pay for. It might be too
strong to call this alternative system a form of
slavery, since it is mostly done by income
taxation, but the essence of the problem is the
same. Some people are guaranteed benefits and
other people are forced to provide them—not
out of charity, but by the use of the government's
police power.
As the trend grows into a crisis, the entire
medical care system of the United States is
gradually being transformed into a system of
socialized medicine. More and more politicians are
advocating mandates to force taxpayers and
employers to pay for the costs of medical
care.
Hillary Clinton was just ahead of her time.