The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people. 10th Amendment Under the Eighth Amendment to the United States Constitution, it has been determined that prisoners (or inmates) have a constitutional right to adequate health care.1 Texas has codified societys requirement to give care to its incarcerated persons, and requires state prisons to provide health care.2 Under the final HIPAA Privacy rule, identifiable health information pertaining to inmates has been deemed protected health information, called PHI. Although excepted in the preliminary rule, the final Privacy Rule protects inmates PHI.3 This protection is further broadened by the loose definition afforded to inmates. http://www.law.uh.edu/healthlaw/perspectives/Privacy/030128HIPAAs.pdf As we all know the healthcare debate rages on and it centers around usually Govt. sponsored healthcare. It is my contention that Federally mandated healthcare that is not part of Medicare Act or that offered as a benefit of employment for Federal workers is not constitutional. It would appear that each state would have the right to offer such Universal care under the constitution and even be offered Federal money to do so as long as it is a state program. This is another compromise solution that can be offered and allow the states to have a vote on this issue. Take Mass. for example. In April 2006, the Massachusetts legislature passed universal health insurance legislation aimed at ensuring that all Massachusetts residents have health insurance coverage. The law (1) penalizes those who do not have such coverage and (2) imposes a surcharge on employers who do not offer health insurance to their employees. The law also created the Commonwealth Care Health Insurance Program (CCHIP), which offers subsidized insurance coverage for those who cannot afford coverage. MASSACHUSETTS UNIVERSAL HEALTHCARE FUNDING So why then is this arguement being presented on the Federal level as it applies to Govt. mandated healthcare when it clearly belongs at the state level? Could it be that its a political issue as well?