Public Health Law is needed and is essential to establishing structure when it comes to providing effective public health services. Public health laws, polices and regulations assure that the public health receive the best health cares services available. The purposes for public health law are protecting and promoting health and ensuring the protection of rights of individuals in the processes used to protect and promote health. These purposes are the basis for what public health law is and should be in regards to the public. When deriving what public health law consists of, we need to revert back to the basics. Public health law falls into eight basic area: environment mental health, disease and injury reporting, vital statistics, disease …show more content…
For example, these laws cannot be a subterfuge for discrimination against racial or ethnic groups; they must be given equal protection under the U.S. Constitution. Public health laws also must treat state residents the sane as out-of-state residents. An example of this is when courts struck down several laws that imposed different sanitary restrictions on out of state milk processors. Even if the restrictions are the same for in state and out of state businesses, the courts struck down laws that unnecessarily discriminated against out of state businesses (Scutchfield & Keck, …show more content…
A number of significant agencies have developed regulations using the notice and comment procedure established by the federal Administrative Procedure Act. These agencies developed regulations to pursue relevancy with legislative directives, published drafts of regulations in the Federal Register. The agencies that have implemented this include the Federal Trade Commission, the Consumer Product Safety Commission and the Occupational Safety and Health Administration (Scutchfield & Keck, 2003). With the vast maze of entangled regulations, I have deduced with my research two essential ways to revising the current state of Health Care regulations in its
Pozgar, G.D. (2012). Legal Aspects of Health Care Administration. United States of America: Jones and Bartlett Learning, LLC.
States base their control over public health matters on their police powers. State police powers have been upheld in many public health situations from food inspection to health professional licensure, to mandatory vaccination, to fluoridation of water to restaurant inspections. The controversy brews when individual rights are at issue. When does the state have the authority to abridge one's individual or constitutional rights? The Courts weigh the purpose of the law against the individual's rights. Individual rights (also called civil rights) are not absolute. For example, the First Amendment to the US Constitution provides for freedom of speech. However, the courts have well established that while you have a right to free speech your right to free speech ends when that speech endangers others. In other words, you can't yell fire in a crowed theater.
Steiner, John E. (2013). Problems in health care law: challenges for the 21st century (10th ed.). Burlington, MA: Jones & Bartlett Learning.
– Health plans; – Health care clearinghouses;. – Health care providers who transmit health information in electronic form for certain standard transactions. Even though HIPAA was signed into law over seven years ago, its effects are mostly being felt now. This is because of its schedule of compliance. * 10/16/2002 - Transactions and code sets * 4/14/2003 – Privacy Rule * 4/14/2003 – Business Associates * 4/20/2005 – Security Rule This delay stems from a provision in the original act stating that if Congress did not specify certain regulations by the end of 1999, the Department of Health and Human Services (HHS) had to do it.
regulations - what's next? Health Matrix: Journal of Law and Medicine 2, no. 1 (Spring): 49- (22 p).
Forrester, K., & Griffiths, D. (2010). Essentials of law for health professionals. Sydney: Mosby Elsevier. Retrieved from Google Books.
...proactive. With the way that HIPAA was drafted, then add the possible penalties for violators, lead physicians and medical facilities to withold information from individuals who have a right to it. After reviewing the rules of the HIPAA, the legislation found health care providers were unsure of their legal privacy responsibilities and often responded with an overly guarded approach to disclosing information. To date these rules are still confusing and need to made clearer.
Till this present day legislation is spoken and examples are been taught. In this part the main laws are been showed to you so you can look out when working in the health and social care profession.
Longest Jr., B.B (2009) Health Policy making in the United States (5th Edition). Chicago, IL: HAP/AUPHA.
Governing bodies for the prevention, treatment, and management of illnesses in America are now in a commotion because of the cost of care and patient access and the need for a more efficient system. There are approximately 50 or more million people currently in The United States that are without insurance today. In March of 2010 a country wide health care charge called The Patient Protection and Affordable Care Act was passed, that seemed to offer solutions to some of the major issues facing our health care system. June of 2012, this new health care law or tax was challenged in the U. S. Supreme Court on the Constitutionality of the bill with proponents wanted the Act repealed. A few weeks later the Supreme Court gave its answer, which was the law or tax is Constitutional and upheld it as tax. One of the biggest issues to this Act was the part where all Americans have to be insured by someone or be penalized, but the final analysis of this...
The ten essential services of public health are a product of the Public Health Functions Project. This Project, developed in 1995in response to President Clinton’s Health Security Act (1993), help define what public health does. The Project refined and expanded the 3 core functions of public health, developed by the Institute of Medicine in 1988, to include and define 10 essential services that should be provided by every public health department in the United States. The Office of Prevention and Health Promotion, Office of Public Health Science, Office of the Secretary, and U.S. Department of Health and Human Services worked together and, in the process strengthened the public health infrastructure of our nation. Today, the 10 essential public
Health care policy targets the organization, financing, and delivery of health care services. The reason for targeting these areas is for the licensing of health care professionals and facilities, to make sure there is protection of patients’ private health information, and there are measures of quality care, mistakes, malpractice, and efforts to control of health care cost (Acuff, 2010). There are several stages that one must take when creating a policy (see figure 1). The figure below shows the critical steps in the policy process. First, the problem must be identified, once the problem is identified potential policy solutions must be formulated, then the policy is adopted, and then implemented. After the policy is in place, an evaluation of the policy has to take place (This Nation, 2013).
In some way, public health is seen as a modern philosophical and ideological perspective based on ‘equity’ and aimed to determine inequitable in society. It seen as a ‘science’ and ‘art’ in the sense that it deals with the cause of disease, treatment of illness as well as it involves laboratory experiments, intervention and promoting of health of the population. Winslow (1920, p. 23) defined public health as ‘the science and art of preventing disease, prolonging life and promoting physical health and efficiency through organised community efforts for the sanitation of the environment, the control community infections, the education of the individual in principles of personal hygiene, the organisation of medical and nursing service for early diagnosis and preventive treatment of disease, and the development of social machinery which will ensure to every individual in the community a standard of living adequate for the maintenance of health. On the other hand, it is ‘the science and art of preventing disease, prolonging life and promoting health through organised effort of society’ (Acheson, 1998; in Cowley S, 2002, p. 261).
The healthcare industry has a number of laws and regulations that govern the operations and confidentiality of health information on a state and federal level. To better comprehend the laws and regulations of the healthcare industry, we first need to understand law terminology and a couple key terms in the law field to get an outline of what law actually is. A law is a rule of conduct passed by a legislative body that is enforced by the government and results in penalties when violated. (Michelle A. Green, 2011). Civil law typically is the one that most healthcare providers are involved with and civil law is concerned with the legal rights and relationships of private individuals.
Public Health is the science of preventing disease and promoting health through many different ideas and functions by informing society and different community-based organizations. The idea behind Public Health is to protect and serve; it helps improve the lives of countless individuals through promoting a healthier lifestyle, education, research, prevention, detection, and response management. From the beginning, the idea of Public Health has become a stepping-stone that is essential to the longevity of humans and the environment. As society progresses and new advents are created or modified, Public Health