Chapter 5 book notes
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This 4 page Class Notes was uploaded by Gabriela Saint-Louis on Saturday February 14, 2015. The Class Notes belongs to 1101 at George Washington University taught by Tamara Henry in Spring2015. Since its upload, it has received 216 views.
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Date Created: 02/14/15
Chapter 5 Health Law Policy and Ethics Scope of Health Law policy and ethics health law policy and ethics as tools that society uses to encourage and discourage behaviors by indivdiiduals and groups bioethics newly de ned includes elements of both health care and public health and focuses on applying morals or values to areas of potential con ict Range of issues addressed by health law policy and ethics COMPONENTS OF HEALTH LAW POLICY AND ETHICS COMPONENT SCOPE EXAMPLES OF ISSUES Health Care Access quality and cost Rules governing Medicare of health care and Medicaid as well as Organizational and Ms governing private professional structures for insurance the delivry of care Hospital governance and professional licensure Public health Population health and Food and drug laws and safety including procedures governmental efforts to environmental laws and provide services to entire procedures regulations populations as well as for control of vulnerable groups communicable diseases Bioethics Application of individual Endof Iife care stem cell and group values and research abortion morals to controversial protection of research areas subjects three examples that illustrate key issues confronted in the healthcare public health and bioethics arenas 1 is there a right to health care 2 How does public health attempt to balance the rights of individuals and the needs of society 3 what bioethical princeples are used to address public health issues What legal principles underline DUinC health and health care 1 US constitution does not mention health 0 as a result public health and health care are among those issues left primarily to the authority of the states 0 use of this authroity known as police power allows states to pass legislation and take actions to protect the common good US Constitution aows but does not require governments to act to protect public health or to provide healthcare services referred to as the negative Constitution 2 The interstate Commerce Clause of the USgt Consittiion is the major source of federal quthority in pulic health and health care 0 provides the federal government with the authority to tax spend and regulate interstate commerce this authority has been used to justify a wide range of federal involvement in health care and public health Supremacy clause which declares legitimate federal aws are the supreme laws of the land is 0 used by federal public health agencies such as the FDA and EPA to justify national standards that verrule and limit state rules and regulations ranging from quality controls on drugs to levels of permissible exposures to toxic substances 3 US Constitution grants individual rights freedom of speech etc others have been inferred by the US Supremen Court 0 inferred rights are often the basis for individual protections in public health and heath care including he right to utilize contraception have an abortion and limit the state and federal authority to use quarantine and other travel restrictions What we mean by Health Policy main distinction between a law and a policy is de ned by who can create each and how they can be enforced 0 any organization can create a policy and enforce the policy it created when deciding on whether something is a public policy decision the focus is not only on who is making the decision but also on what kind of decision is being made 0 Authoritative decision a decision made by an individual or group that has the power to implement the decision Health policy may be made by private groups including professional societies ee American Public Health association policies that affect large numbers of people are all examples of health policies that may be set by groups outside of government 0 the quotpublicquot in public policies does not necessarily imply that the policies were developed or implemented by the government health in all policies approach proposed in which private and public entities work toward common goals to achieve improved health for all while reducing health inequities according to Teitelbaum and Wilensky in addition to being authoritative a public policy decision must be one that quotgoes beyond the individual sphere and affects the greater communityquot prioritizing public health Policy Prioritizing health issues has been the task of an initiative known as healthy people organized by USgt department of health and human services is a collaborative effort of private and public orgs that sets evidenceObased national objectives aimed at improving the health of the population How do philosophies toward the role of Government Affect Health Policies the appropriate role of government in public health and health care is often a controversial subject 2 philosophies regarding the government39s role in health care and public heath 1 social justice a philosophy that aims to provide fair treatment and a fair share of the reward of society to individuals and groups 2 market justice the philosophy that market forces should be relied upon to organize the delivery of healthcare services IMPLICATIONS OF MARKET AND SOCIALJUSTICE MARKET jUSTICE SOCIAL JUSTICE Individual responsibility for health Collective responsibility for health Bene ts based on individual purchasing power Everyone is entitled to a basic package of services Limited obligation to the collective good Strong obligation to the collective good Emphasis on individual wellbeing Community wellbeing supersedes that of the individual Private solutions to social problems Public solutions to social problems Rationing based on ability to pay Planned rationing of health care Is there a right to health care 1948 a right to health care was incorporated into the Universal Declaration of Human Rights and the Constitution of the WHO most developed countries have incorporated a right to health care in their constitution or have created such rights as part of legislation process internationally recognized right to health care cannot be enforced in the USgt unless found to be recognized by US constitution or a state constitution or statutes a right to health care in the US has not been generally established How does Public Health attempt to balance the rights of individuals and the needs of society public health interventions often create a level of tension between the concerns of individuals and the needs of society when individual rights are not involved Motor vehicle injuries remain a major cause of death and disability 0 possible public health intervention include raising the driving age requiring stricter standards for licensure and placing initial limitations on new drivers restricting nighttime driving the number of passengers and the use of cell phones the type of risk also plays a role in determining how we balance individual rights and the needs of society 0 selfimposed risk risk an individual knowingly and willingly takes on through is or her own actions such as choosing not to wear a motorcycle helmet while riding motorcycle helmet laws could be viewed as infringing on an individual39s desire not to wear a helmet o imposed risk refers to risk to individuals and populations that is out of their direct control ex exposure to environmental toxins from a local factor imposed risk itself may be viewed as infringing on an one39s desire for clean air in is or her town
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