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The Sword Becomes a Shield

By Nick Healey on June 29, 2023
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Provider Relief Fund Update

In his article The Shield Becomes a Sword, Nick Healey discusses Article I, Section 38 of the Wyoming Constitution, which guarantees the right of every competent adult to make their own healthcare decisions and was passed in 2012 in response to concerns over the Patient Protection and Affordable Care Act (ACA) and its potential limitations on patient choice. Recently, the Wyoming Legislature’s attempts to restrict certain healthcare decisions, such as abortion and gender-affirming medical care, have been challenged in court under the argument that they violate Section 38. The article explores the tension between the right to make healthcare decisions and the possibility of reasonable restrictions on those rights, ultimately leaving the interpretation of Section 38 up to the courts.

Photo of Nick Healey Nick Healey

With more than 20 years of experience in healthcare law, Nick is an invaluable resource for clients as he leads mergers and complex corporate transactions in the industry.

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  • Posted in:
    Government and Public Policy, Health Care and Life Sciences
  • Blog:
    Healthcare Law Insights
  • Organization:
    Husch Blackwell LLP
  • Article: View Original Source

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