HEALTH POLICY AND LAW BASICS
OVERVIEW
The role that laws play in the study of healthcare and public health is vital in understanding how your job in healthcare intersects with legal areas. This assignment will explore healthcare policy making, and the sources of law that govern health care organizations. The knowledge obtained will help you understand how policy structures and laws affect patient care. For this assignment, refer to your textbook for examples of specific sources of federal laws, state laws, and administrative regulations.
INSTRUCTIONS
Write a paper in which you:
- Evaluate the policy-making process and policy structure within the healthcare system at the state and federal level.
- Analyze an example of a state or federal bill related to healthcare, showing it in action, and including one advantage or disadvantage.
- Analyze three sources of law related to healthcare and provide an example of one law in action.
- In addition to the textbook, provide two sources to support your writing. Choose sources that are credible, relevant, and valid.
Expert Solution Preview
Introduction:
Health policy and law play a crucial role in the healthcare system and understanding their significance is essential for medical professionals. This assignment aims to explore healthcare policy-making and the sources of law that govern healthcare organizations. By examining the policy structure and laws at the state and federal level, analyzing healthcare bills, and identifying sources of healthcare law, students will gain a comprehensive understanding of how policy and law impact patient care. This assignment requires students to refer to their textbook and find credible and relevant sources to support their analysis.
Answer to Question 1:
The policy-making process and policy structure within the healthcare system at the state and federal level can be evaluated through a systematic approach. It is important to understand the key steps involved in the policy-making process, which include agenda setting, policy formulation, policy adoption, policy implementation, and policy evaluation. This process applies to both state and federal levels, although the specific mechanisms and stakeholders involved may vary.
At the state level, healthcare policy-making is typically influenced by state legislatures, executive branches, and regulatory agencies dedicated to healthcare. These entities work collaboratively to develop, propose, and implement healthcare policies that address the unique needs and challenges of their respective states.
Similarly, at the federal level, policy-making is carried out by the United States Congress, the executive branch including the President, and federal regulatory agencies such as the Department of Health and Human Services (HHS). The federal government plays a significant role in shaping healthcare policy through acts and regulations, such as the Affordable Care Act (ACA) and the Health Insurance Portability and Accountability Act (HIPAA).
Answer to Question 2:
Analyzing an example of a state or federal bill related to healthcare will provide insight into the dynamics of policy implementation and highlight advantages or disadvantages. For instance, we can consider the Medicare for All Act, which was introduced in the United States Congress in 2019. This bill aimed to establish a single-payer healthcare system that would provide comprehensive healthcare coverage for all Americans. The implementation of such a bill would ensure equal access to essential medical services for the entire population.
One advantage of the Medicare for All Act would be the potential to reduce healthcare disparities, as it prioritizes access to care for all individuals, regardless of their socioeconomic status or employment type. However, a potential disadvantage is the significant financial burden it may impose on the government and taxpayers, as establishing and maintaining a universal healthcare system requires substantial funding and resource allocation.
Answer to Question 3:
There are multiple sources of law related to healthcare that must be considered. Three primary sources include statutory law, case law, and administrative regulations.
Statutory law refers to laws created by legislative bodies, such as Congress at the federal level or state legislatures. An example of statutory law related to healthcare is the Emergency Medical Treatment and Active Labor Act (EMTALA), which requires hospitals participating in Medicare to provide emergency medical services to individuals regardless of their ability to pay.
Case law, also known as common law, involves legal decisions made by courts through the interpretation and application of statutes and regulations. A relevant example of case law in healthcare is the landmark case Roe v. Wade, which established the constitutional right to abortion in the United States and significantly impacted reproductive healthcare policies.
Administrative regulations are rules and regulations created by administrative agencies that govern various aspects of healthcare. One example of administrative regulation is the Health Insurance Portability and Accountability Act (HIPAA), which sets standards for the privacy and security of individuals’ health information.
Answer to Question 4:
In addition to the textbook, two additional sources should be utilized to support the writing. It is important to select sources that are credible, relevant, and valid. For instance, scholarly articles from reputable journals or publications such as the New England Journal of Medicine or the Journal of Health Policy and Law can provide valuable insights and evidence to support arguments and analysis. Additionally, government websites, such as the Centers for Medicare and Medicaid Services (CMS) or the National Institutes of Health (NIH), can serve as reliable sources of information on healthcare policy and law.
In summary, understanding the policy-making process, analyzing healthcare bills, identifying sources of law, and utilizing credible sources are essential components of this assignment. By comprehensively exploring these areas, students will develop a comprehensive understanding of the intersection between healthcare and the legal framework that governs it.
