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MMLU / An indigent man was suffering from a chronic asthmatic and bronchial illness.…

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question

An indigent man was suffering from a chronic asthmatic and bronchial illness. The man redomiciled to a new state and shortly thereafter suffered a severe respiratory attack and was sent by his attending physician to a nonprofit private community hospital. Pursuant to a state statute governing medical care for indigents, the hospital notified county officials that it had in its hospital an indigent who might qualif' for county care and requested that the man be transferred to the county's public hospital facility. In accordance with the approved procedures, the private hospital claimed reimbursement from the county in the amount of $1,069 for the care and services it had provided. Under the relevant state statute:"Individual county governments are charged with the mandatory duty of providing necessary hospital and medical care for their indigent sick. In order to qualif' for such hospital and medical care, an indigent shall be resident of the county for the preceding 12 months in order to be eligible for free non-emergency medical care. "As a consequence, the county refused to admit the man to its public hospital or to reimburse the private hospital because the man had not been a resident of the county for the preceding year. In an action in federal court against the county challenging the constitutionality of the residency requirement for providing free medical care for indigents, the court will most likely declare the statute

choices

  1. constitutional, because the statute promotes a compelling state interest.
  2. constitutional, because the statute is a proper exercise of state action.
  3. constitutional, because the statute is within the state's police power to regulate the health, safety, and welfare of its citizens.
  4. unconstitutional, because it violates the equal protection clause of the Fourteenth Amendment.

subject

professional_law

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