Some have made the argument that the presence of EMTALA makes health care a right. Shadowfax wonders whether EMTALA is, in fact, unconstitutional:

One appropriately dramatic action would be for EMTALA to be overturned. Obviously, it is politically untouchable from a legislative point of view; it may, however, be vulnerable from a judicial approach.

The Fifth Amendment to the US Constitution states, in part, “… nor shall private property be taken for public use, without just compensation.” The Fourteenth Amendment similarly reads, “nor shall any State deprive any person of life, liberty, or property, without due process of law.” The argument to be made here is that EMTALA requires private citizens, largely physicians, to provide the fruits of their labor without compensation or due process, and as such represents an unconstitutional “taking” of private property.

Update:
Flea comments.