The Tug-of-War Between Law and Health Equity

Photo by Owen Beard from Unsplash

The topic of health is one that is central to everyone’s life. However, it is a more pressing concern for some who face inequities in obtaining adequate healthcare. There is much discussion surrounding the issues of healthcare, including exorbitant costs, but it is important to understand the mechanisms through which these inequities are being combatted.

Law is a realm that is inherently innovative. Our legal practices and doctrines are constantly evolving, and much of the time the changes are centered around the holistic societal advancements in that time period.

The issue of forging equity in healthcare is one that has been a focal point in legal advancements. Implementations such as Medicaid and the Affordable Care Act have helped pave the path in chipping away at systemic inequities that perpetuate a cycle of inadequate healthcare.

However, the legal realm has also been weaponized to prevent such practices from progressing to actualize their goal. The issue of health inequities is situated in a larger web of disenfranchisement that includes housing insecurity, historical contexts, and environmental health hazards, to name a few factors.

For example, a case was brought against the federal government by a healthcare provider in 2022. The petitioner alleged that a directive giving providers the ability to enact an anti-racism plan to obtain increased payment negatively affected her, as her payments would be diminished due to her non-compliance with the regulation.

This case was dismissed by the court on the basis that the petitioner did not display that other practitioners would participate, thus negatively impacting her revenue, and that there were other avenues available for the provider to obtain the Medicare payment enhancement. 

These contrasting examples are included to provide a glimpse into the tug-of-war that has occurred on local, state, and federal levels in advancing health equity.

Law is a powerful tool that can be wielded to advance efforts, establish precedents, and reinforce ideologies. As such, we must think about how we can utilize this domain to advance efforts to increase health equity.

We can begin by understanding the current gaps and the innovative ways through which we can bridge these gaps. When taking on a goal as large as health equity, it is important to understand that every step counts and that this work will be life-affirming for every generation to follow.

Law is one tool in the toolbox we can use to bring forth sustainable solutions such as preventative health programs. The work of Accessome encapsulates this vision, and it requires the efforts and dedication of us all to join in harmony and build a future that we can look to with pride.

Health is a cherished fortune, and the care necessary to maintain and obtain it should be afforded to every individual regardless of their social standing.