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At least 19 recordsLinked to original sources

Civil rights in a changing health care system.

Title VI of the 1964 Civil Rights Act prohibits discriminatory conduct by recipients of federal financial assistance. The law has been used in the past to challenge discrimination in health care. The evolution of the health care system from fee-for-service to managed care holds much promise for minority persons, who historically have faced serious, extensively documented barriers to health care access. However, managed care providers, like their fee-for-service counterparts, may perpetuate past discriminatory practices in new ways. Understanding new forms of discrimination is important at this stage of the development of managed care, when program design and policy action can most effectively prevent the occurrence of such practices.

Civil Rights

Civil rights and regulatory wrongs: the Reagan administration and the medical treatment of handicapped infants.

Beginning in 1982 the Reagan administration tried to impose federal regulations (based on the civil rights approach of Section 504) on the medical treatment of handicapped newborns in the nation's hospitals. After issuing three sets of regulations, the administration found itself rebuffed by the courts and in ill repute with providers and parts of the public, especially after its widely publicized intervention in the case of Baby Jane Doe illustrated the pitfalls of federal regulation in complex medical decisions. Congress, however, soon enacted legislation employing different means to protect handicapped newborns. The episode offers insights into the dynamics of the U.S. system of separated powers, the limitations of the "civil rights" approach, and the importance of negotiating structures for the resolution of private moral dilemmas with public implications.

Abnormalities, Multiple

A moral justification for gay and lesbian civil rights legislation.

This essay explores, in two parts, the problems of justifying civil rights legislation for gays, lesbians, and bisexuals. Part I shows that discrimination against gays and lesbians at least in respect to employment, housing, and public accommodations is an evil unsupported by ethical traditions in utilitarianism, rights theory, and communitarianism. It also shows that two theories, Kantian theory and natural law theory, which do support such discrimination on the claim that homoerotic behavior is universally or objectively immoral only do so because of a failure to make precise the concept of "natural" which underlies those theories. Part II argues that anti-discrimination legislation is both an appropriate and effective means to promote the idea that discrimination against lesbians and gays in respect to most employment, housing, and public accommodations is sufficiently injurious to both individuals and society that it should not be tolerated. The section also explains how such legislation might succeed practically in eliminating discrimination in these areas.

Bisexuality

Commitment and endurance: common themes in the life histories of civil rights workers who stayed.

First-person life histories of a group of civil rights workers who have maintained a long-term commitment to the Movement are summarized and analyzed. The importance of relationships with others, changes in the ways the workers viewed themselves, the development of faith in their work, and the reconciliation of their Movement experiences with those of their past life emerge as central themes in their accounts.

Adult

APA amicus curiae briefs. Furthering lesbian and gay male civil rights.

The authors describe the American Psychological Association's (APA's) efforts to affect social policy and judicial decision making by delineating APA's participation as amicus curiae in five cases concerning the civil rights of lesbians and gay men. They discuss the function and importance of amicus briefs, review the legal principles used to advance the constitutional rights of lesbians and gay men, outline the facts in the cases APA entered, sketch the legal theories and scientific evidence that APA brought to the courts' attention, and relate the courts' decisions in those cases. They conclude with recommendations for the use of such briefs in future litigation and legislative efforts to advance the rights of lesbians and gay men.

Civil Rights

Hospitals and Civil Rights, 1945-1963: the case of Simkins v Moses H. Cone Memorial Hospital.

In the 1960s, the legacy of discrimination against black persons still existed in all areas of medicine. This historical analysis investigates the strategies that were used by lawyers alongside physicians, dentists, and patients in elevating health care for black persons. Primary resources include oral histories, government documents, hospital records, archival and personal manuscripts, and professional and hospital periodicals. After World War II, leaders in the black community were determined to improve health care for black persons by ending discrimination in hospital policies and practices. Leaders of professional organizations developed a collaborative strategy that involved the court system, federal legislation, and research and education of the public and health professionals to integrate the hospital system rather than to expand the existing separate-but-equal system. Efforts culminated in the case of Simkins v Moses H. Cone Memorial Hospital; this case became the landmark decision by the U.S. Supreme Court and led to the elimination of segregated health care. Three months after the case, President Johnson ratified the Civil Rights Act of 1964, which included Title VI, thus extending the policy of equality to all federal programs. Laying a foundation for universal access to health care in the United States depended on a victory in the courts, in national health legislation, and in public opinion. All were achieved through strategic efforts to amass widespread support for the elimination of discrimination in medicine.

Civil Rights