Is access to healthcare a right or a privilege? According to the World Health Organization, “Every human being has the right to the highest attainable standard of physical and mental health. Countries have a legal obligation to develop and implement legislation and policies that guarantee universal access to quality health services and address the root causes of health disparities, including poverty, stigma and discrimination.”
While there is no specific provision in the United States Constitution guaranteeing health care, Congress has the authority to pass laws to provide for the “general welfare” of the people. According to the Constitution’s elastic clause, Congress has the power to make any laws “necessary and proper,” which could include health care. The largest health care program ever enacted by the US Congress is Medicare, established in Title XVIII of the Social Security Act of 1965; Medicare was designed to provide health insurance to older Americans. Title XIX of the same act created Medicaid for low income families and individuals. More recently, Congress passed the Affordable Care Act, signed into law by President Obama in 2010.
Amendments 9 and 10 of the Bill of Rights give states the power to go above and beyond the national law as long as there is no conflict, and some states do supplement national heath care benefits. Oregon is one of the states with a broadly sweeping state version of Medicaid which ensures Oregonians have access to affordable care. Currently, 97% of Oregonians have some form of health insurance, with approximately 1 in 3 Oregonians using Oregon Health Plan (OHP). OHP also includes Oregon’s version of the Children’s Health Insurance Program (CHIP), a national plan that covers children in families with incomes too high to qualify for Medicaid, but too low to afford private coverage. OHP provides children and teens check-ups, vaccinations, mental health care, tooth fillings, glasses, prescriptions, labs, x-rays, hospital care, and even transportation to and from medical appointments. In 2022, Oregon became the first state to establish the right to affordable healthcare when the state’s voters approved Measure 111, which added a section (Article 1, Section 47) to the Oregon Constitution enshrining the right to «cost-effective, clinically appropriate and affordable health care» for every Oregon resident.
In this week’s resources, teachers will find background sources on public health insurance in the US and the Oregon Health Plan. There are also recent news stories on Oregon’s recent expansions of coverage and responses to potential federal funding cuts to Medicare and Medicaid. Finally, CLP created this activity/lesson plan designed for students to debate whether healthcare is a right, or a privilege.
Essential Questions:
- Is healthcare a Constitutional right?
- What are the healthcare safety nets in our country and state?
- Do you think healthcare is a privilege or a right?
- Do you think universal health coverage is a good goal for Oregon?
Vocabulary:
- Medicare: a federal health insurance program for people age 65 or older
- Medicaid: a joint federal and state program that helps cover medical costs for some people with limited income and resources
- title: a broad subject heading or a large portion/subset of an act, used to organize and classify laws, making them easier to find and understand.
- universal health coverage: all people have access to the full range of quality health services they need, when and where they need them, without financial hardship.
Videos:
- What Is Medicaid, Again? KFF Health News, Feb 21, 2025
- Additional 100K Oregonians could get health care under new plan from Oregon Health Authority, KGW News, July 1, 2024
- OHP expands with enhanced benefits, KEZI 9, Jan 13, 2025
Podcasts:
- Oregon senior Senator Ron Wyden on expected Medicaid and social service cuts under Trump administration, Think Out Loud, Feb 26, 2025
- Oregon Rep. Cliff Bentz defends cutting federal spending, discusses Medicaid cuts, Think Out Loud, Feb 26, 2025
- House GOP Plan Targets Medicaid, What the Health? Feb 27, 2025
Background Resources:
- Summary of OHP Benefits, Oregon Health Authority
- Health Insurance Coverage of the Total Population 2023, KFF
- Oregon Measure 111, Right to Healthcare Amendment (2022), Ballotpedia
- Human rights, World Health Organization
- The State of Health Insurance Coverage in the U.S., The Commonwealth Fund, Nov 21, 2024
- Oregon tops country in share of people retaining Medicaid, study finds, Oregon Capital Chronicle, July 24, 2024
- Oregon Offers ‘Bridge’ Between Medicaid, Marketplace Insurance Plans, Healthcare Innovation, July 17, 2024
Recent Articles:
- Oregon attorney general urges Supreme Court to defend provider choice under Medicaid, KOIN, March 12, 2025
- 6 Republicans join Democrats, pass Medicaid funding bill in the Oregon House, OPB, Feb 28, 2025
- House passes bill to save Oregon Health Plan if Congress kills Medicaid funding, KOIN, Feb 27, 2025
- Health care for 1 in 3 Oregonians in question as GOP mulls cuts in D.C., The Lund Report, Feb 13, 2025
- Oregon joins lawsuit while state officials scramble to respond to Trump order freezing federal funds, Oregon Capital Chronicle, Jan 28, 2025
- Oregon Health Authority extends benefits to young adults with special needs, Oregon Capital Chronicle, Jan 17, 2025
- After statewide tour, health authority director plans to improve Oregon’s health care system, Oregon Capital Chronicle, Dec 13, 2025
- Oregon Health Plan to cover traditional medicine, cultural practices of tribal communities, KPIC, Oct 18, 2024
Recent Editorials:
- Column: Medicaid reimbursement rates may be best tool to ensure dental care access in Oregon, Lake County Examiner, Mar 10, 2025
- Turning Our Backs on American Infants and Mothers, The Source Weekly, Feb 26, 2025
- Editorial: Oregon children need to be able to get good care in a behavioral health crisis, Bend Bulletin, Feb 8, 2025
- Opinion: This year, policymakers must act to protect access to care, Portland Tribune, Feb 6, 2025
- In Oregon, Trump’s Base Would Suffer Most From Medicaid Cuts, Willamette Week, Jan 29, 2025
Lesson Plans:
- Is Healthcare a Right or a Privilege Silent Debate, Civics Learning Project
- The Social Security Act, Edsitement, NEH
- The History of Medicare, EconEdLink
Resources for Younger Students:
- What is Medicaid? And what happens when we lose health care, PBS Learning Media
- Health, Wellness & Safety, Oregon ASK
- Self-paced nutrition education lessons, Oregon Health Authority