54 Unit 1 Foundations of Medical Law and Ethics Copyright Goodheart-Willcox Co., Inc. The Federal Government’s Authority to Regulate Healthcare Government involvement in healthcare occurs in many ways (Figure 3.8). The question of whether the federal government has the right to legislate or regulate healthcare in a particular manner is raised often. Frequently, the issue involves the Constitution’s authorization of government activity in a specific area. From a literal reading of the Constitution, there is no passage that directly states that the government may legislate in the area of healthcare. However, the fact that the document does not specifically state that government has the power to legislate in an area does not necessarily mean that it is prohibited from doing so. Constitutional interpretation looks to the intent of the document to determine the constitutionality of any governmental action. The Constitution contains language that many people understand to indicate the government’s authority to regulate healthcare, with some of the language more obvious than others. The Preamble of the Con- stitution states that the government was created, in part, to promote the general welfare. Article 1, Section 8 states that Congress is empow- ered to provide for the general welfare. These two provisions have long been interpreted to mean that government has an essential duty, and zimmytws/Shutterstock.com Figure 3.8 The government facilitates several healthcare programs, including Medicare and Medicaid. Who do these programs serve?