In this Article, the legal obligations of the counties and of hospitals, respectively, will be examined. An argument will be proffered that the counties have failed to fulfill their statutory obligations to support emergency and other basic medical services for indigent persons. This argument, in conjunction with the fact that hospitals have an unfunded mandate to provide emergency and related medical services to all individuals in need thereof, provides a basis for an argument that the statutory requirement that private hospitals provide emergency and related medical services to indigent patients constitutes a taking of private property for a public purpose. Under this theory, the affected hospitals have a right to reimbursement for uncompensated care that they provide as a result of their statutory obligation.
Gary E. Jones,
Regulatory Takings and Emergency Medical Treatment,
San Diego L. Rev.
Available at: https://digital.sandiego.edu/sdlr/vol47/iss1/5