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Similar to Media and Public Health Law
LEARNING OBJECTIVES By the end of this chapter, you will be able to: Describe the meaning and importance of the "no-duty" principle o Explain generally how the U.S. approach to health rights differs from that of other high-income countries o Describe the types and limitations of individual legal rights associated with health care Describe the balancing approach taken when weighing individual rights against the public's health Atthe turn of the 20th century, an Indiana physician named George Eddingfield repeatedly refused to come to the aid of Charlotte Burk, who was in labor, even though he was Mrs. Burk's family physician. Doctor Eddingfield conceded at trial that he made this decision for no particular reason, and desplte the facts that he had been ~ffered monetary ~ compensation in advance of his performing any medical services and that he was a·ware that no Other physician was available to provide care to Mrs .. Burk.. Unattehded by any medical providers, Mrs. Burk eventually fell gravely ill, and both she and her unborn child died. After a trial and subsequent appeals, Dr. Eddingfield was found to not have wrongfully caused either death. in Health Health A~a:urid_{h~ ..·sa toe;' _tim_~:-~,i t,he:·.hc~h.~t_Jo;~a*i:P~:~-f;U~~d~:-r~_: ~\ the.. Cambrid.ge, M~ssachus~tt~,··s.<>a(d•otH~alth•ofl!er~.d :.!. ev€ryo n~. wi-thi~ ·Ci_tY :Ji :ffiit_~- --~9 ·:b:~-:Y,~~C~lh~-~~-~~:-_a:g·~J!i~}~_ti:~~:,::::_ smallpox.diseaseund~r a.swelal'!!it~1ti6J;l()~al b!>~rfis~f: i hea_L~h -~he- pow~r; --~~ ae_r __~e_ftaiq: :sirC:~~SJ~:n--~~-~;~_f~:-:f~j\Pif~_i;~c\ -.i the vacdnatioil nf,_in·d_i_vtd~·als:. ~ft~r\¥f_u~Si~;S-~f9:A~1,~-~W_y~ ~~;~<l the cambridge ~o~~d'_s-·o.rd_~f~H~5n:i__~--9:9~~¢o_bici_~:W:~~1f~g~:* -~ victedby a .~tate t;,ialcourt11nasenf~n.5~a tgR~X<i~~pn~:; ~·} R~nia~kab ly, _t•fr:: _J~a ~q)J_~:o_n~~: --~~-5-~ ~-~ -~-f~~:? ~¥; ~,:~-9~~~~~~~~:,~6\ ·>-1 .. the United Stat~s s.uPtern~[o"crJ,itres.\llt~\tjpf9e~;o#b~ }J co~.rt's •.~pstit11P9rrantp~blis·~~~lt9t~lin,;Qi~i~~i\'lg~~,· •.• ing statement•eP~Vtljmitrti~nstgf.undarpe.n~~~in~jvidtiak··· i rights in.the .fat~.·ofthr~ati toj:~¢ pt1~lic'~ .tJe~lf~\ / .··.. · INTRODUCTION The real-life scenarios in the vignette touch upon the key issues you will confront in this chapter: namely, the ways in which the law creates, protects, and restricts individual rights in the contexts of health care and public health. Individuals in society are deeply impacted by law on a daily basis, and this fact is no less true when individuals navigate the health care system, or when an individual's actions are measured against the broader interests ofthe public's health. Over many decades, legal principles have been rejected, developed, and refined as the law continually struggles to define the appropri ate relationship between individuals and the physicians, hos pitals, managed care companies, and others they encounter in the healthcare delivery sys ...
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Review pages 109–110 of Essentials of Health Policy and Law as well as the following legislation: Examination and Treatment for Emergency Medical Conditions and Women in Labor You are a consultant specializing in policy analysis. Based on theExamination and Treatment for Emergency Medical Conditions and Women in Labor legislation, as well as the situation that follows, you will complete a policy analysis with 3–5 options for your client, Congresswoman Moody, to consider. Congresswoman Moody represents a state that borders Mexico. She is up for re election next year, and she will seek another term in office. There are many undocumented workers that reside in her district. Congresswoman Moody is vocal about the need to provide health care to all that need it, but she also believes in fiscal restraint and does not support bail-outs for private facilities. She is well aware that her state’s Medicaid budget is almost exhausted for this year, and the state’s unemployment rate remains stubbornly high. Apart from the voters, other affected constituents include three private regional medical centers trauma units that receive referrals from five or more small facilities that have emergency departments with lesser trauma status. Also, the largest health care corporation that owns two of the three medical centers in her catchment area, and which supported her in her last bid for election with campaign funds at the allowable limit, is threatening to refuse Medicare and Medicaid patients to ensure survival in the bad economy. An increase in unfunded mandates for urgent care may push this corporation into private payer only, and Congresswoman Moody is aware that there are enough affluent families in the area to support two facilities providing only designer medicine and concierge services. All options must: · Be within the power of Congresswoman Moody to do · Be consistent with Congresswoman Moody’s values, and · Address the issue identified in the problem statement You will: 1. Identify 3–5 options for Congresswoman Moody’s consideration 2. Identify criteria that will be used to evaluate the options 3. Identify pros and cons for each option 4. Use a side-by-side table (MS® Excel® would be appropriate for this) to assist in analyzing the options. Submitting Your Assignment Prepare your written Assignment in a Word and/or Excel document and save it in a location and with a name you will remember, using the following naming convention: username-assignment-unit#.doc. Page number 109 In terms of national constitutions, a 2004 survey reported that some two-thirds of constitutions worldwide address health or health care, and that almost all of these do so in universal terms, rather than being limited to certain populations.13 For example, consider the health-related constitutional aspects of four politically and culturally diverse countries—Italy, the Netherlands, South Africa, and Poland—that have some type of “right to health”: Italy’s Constitution guarantees a ...
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Legal Principles Non- Malfeasance- Do no harm The legal principles are rules of human behavior that used to be considered as just, before the law started being written. The ethical category of Non-Malfeasance represents the doctor’s try to avoid any act or treatment plan that would hurt the patient or violate the patient’s trust, and has been popularized in the phrase “first, do no harm.” Non-Malfeasance is supported through discretion and avoidance. It is critically important that the specialist provider of highly persistent treatments uphold Non-Malfeasance. (Rodak, 2012) Beneficence- Promote the welfare of others Beneficent actions and motives have usually occupied a middle place in morality. Ordinary examples today are found in social welfare programs, policies to improve the welfare of animals etc. Distributive Justice- All involved should have equal entitlements The economic structure that each society has its laws, institutions, policies, etc. results in different distributions of economic benefits and burdens across members of the society. These economic frameworks are the result of human political processes and they continually change both across societies and within societies over time. Autonomy- non influenced decisions for both patients and physicians The term “autonomy” has appeared more and more often in the medical literature. According to this interpretation of autonomy, the goal for an autonomous person is to decide on his or her own, without undue manipulation by others. One of the first empirical papers in medical decision making on patient autonomy thus linked autonomy to the question of whether patients wanted to make decisions themselves. In the descriptive medical decision making literature, this meaning has become the default. The patient described in the informative model from the well known paper of Emanuel and Emanuel corresponds with an autonomous patient in this sense. Healthcare Rights Non- Discrimination- race, religion, sexual orientation In human social affairs, discrimination is treatment or consideration of, or making a difference in favor of or against, a person or thing based on the group, class, or category to which that person or thing is apparent to belong to rather than on individual merit. This includes treatment of an individual or group, based on their real or perceived membership in a certain group or social group. (Lamont, 2016) Credentialing/ Scope of Practice When you go for health care, identity matters a lot. You need to verify certain proofs. Following are the things that you need: Verification of identity (NAMSS, n.d.) Legal Employment Qualifications The Immigration Reform and Control Act of 1986 (IRCA) required employers to verify that all newly hired workers present "facially valid" documentation verifying the employee's identity and legal authorization to accept employment in the United States. The I-9 form or more properly ...
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What does the right to health entail? When we talk about the right to health we are not just talking about the physical or mental well-being of a person. The right to health involves many other things without which you cannot enjoy good health. The most authoritative interpretation of the right to health is outlined in Article 12 of the International Covenant on Economic, Social & Cultural Rights (ICESCR) and has been ratified by Namibia and many other countries. Provided and made available by the Legal Assistance Centre of Namibia
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To Prepare: · Review the Congress website provided in the Resources and identify one recent (within the past 5 years) proposed health policy. · Review the health policy you identified and reflect on the background and development of this health policy. Post a description of the health policy you selected and a brief background for the problem or issue being addressed. Explain whether you believe there is an evidence base to support the proposed policy and explain why. Be specific and provide examples. APA format and 3 references Then respond to a peer with 2 references Peer 1 The healthcare policy I chose is S. 3098, S.3098 -is the Preventive Care Awareness Act of 2021. S. 3098 will provide national public health information and focus on people in a lower income bracket who have forgone services during the COVID-19 pandemic. This bill would also create a task force to promote preventative care and development programs in rural and underserved populations. Its primary focus is teaching low-income Americans the benefits of preventive healthcare. This bill is in committee and has bipartisan support (Bell et al., 2017). Reading this proposed bill, I asked myself whether it is lower-income Americans who have forgone preventative treatment during COVID or Americans in general. Preventive screenings have long been advocated as one of the most valuable ways to facilitate early diagnosis and treatment of disease. Cancer screenings have helped lower the US cervical cancer death rate by 50% in the last three decades (2022). According to the American Medical Association, more than 40% of Americans surveyed stopped preventative medical care as covid-19 began (Timothy M. Smith, Senior News Writer, 2020). This number included Americans of all economic levels. I believe no proof was found that only lower-income Americans skipped screenings during the height of the COVID-19 pandemic. According to the Joint Commission, patients with lower health literacy did not see the importance of preventative care during COVID-19 (The Joint Commission, 2022). I believe there is evidence-based support for increasing education for all Americans regarding the importance of preventive health screenings, And indeed more teaching to Americans with a lower understanding of their health. This bill was given only a 3% chance of passing into law. I believe that is partly because it only attempts to reach lower-income populations and not all Americans. 50 words minimum each response R1 I had a hard time with this question. I'd like to believe that all, if not most, health care providers have very high empathy, which would cause them to be sensitive toward patients. However, many different people with different personalities become health providers, and laws and regulations provide boundaries for most people. I believe if left alone, healthcare professionals and other professionals would choose what is most convenient for them and not what is best for the patie ...
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INDIVIDUAL RIGHTS AND THE HEALTHCARE SYSTEM The “global perspective” you just read was brief for two reasons. First, a full treatment of international and foreign health rights is well beyond the scope of this chapter, and second, historically speaking, international law has played a limited role in influencing this nation’s domestic legal principles. As one author commented, “Historically the United States has been uniquely averse to accepting international human rights standards and conforming national laws to meet them.”15(p1156) This fact is no less true in the area of health rights than in any other major area of law. As described earlier in this chapter, universal rights to health care are virtually nonexistent in the United States, even though this stance renders it almost solitary among industrialized nations of the world. This is not to say that this country has not contemplated health care as a universal, basic right. For instance, in 1952, a presidential commission stated that “access to the means for attainment and preservation of health is a basic human right.”16(p4) Medicaid and Medicare were the fruits of a nationwide debate about universal healthcare coverage. And during the 1960s and 1970s, the claim that health care was not a matter of privilege, but rather of right, was “so widely acknowledged as almost to be uncontroversial.”17(p389) Nor is it to say that certain populations do not enjoy healthcare rights beyond those of the general public. Prisoners and others under the control of state governments have a right to minimal health care,18 some state constitutions expressly recognize a right to health or healthcare benefits (for example, Montana includes an affirmative right to health in its constitution’s section on inalienable rights), and individuals covered by Medicaid have unique legal entitlements. Finally, it would be inaccurate in describing healthcare rights to only cover rights to obtain health care in the first instance, because many important healthcare rights attach to individuals once they manage to gain access to needed healthcare services. The remainder of this section describes more fully the various types of individual rights associated with the healthcare system. We categorize these rights as follows: · 1. Rights related to receiving services explicitly provided under healthcare, health financing, or health insurance laws; for example, the Examination and Treatment for Emergency Medical Conditions and Women in Labor Act, Medicaid, and the Affordable Care Act. · 2. Rights concerning freedom of choice and freedom from government interference when making healthcare decisions; for example, choosing to have an abortion. · 3. The right to be free from unlawful discrimination when accessing or receiving health care; for example, Title VI of the federal Civil Rights Act of 1964, which prohibits discrimination on the basis of race, color, or national origin by entities that receive federal funding.12(p12),19 Right.
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Running Head: LEADERSHIP IN PUBLIC HEALTH PROGRAMS 1 1 1 1 LEADERSHIP IN PUBLIC HEALTH PROGRAMS 3 Leadership in public health programs Name Institution Professor Course Date Important leadership characteristics needed for public health promotion program A doctor patient relationship is the basis of medical practice and thus of medical ethics. Therefore, several patients are in general not able or reluctant to make choices about their healthcare, therefore, patient autonomy is at times extremely challenging. Equally challenging are additional conditions of the relationship, for instances the doctor’s obligation to keep patient confidentiality in a time of computerized medical records and managed care, and the duty to maintain life in the face of petitions to hurry, and or speed up death. If patients feel the doctor’s kindheartedness, they will be others likely to belief the doctor to act in their best interests, and This belief can be instrumental to the healing pathway (Pate, 1995). Having such individuals who may or may not forsake their right to value and equal care, or are doctors expected to formulate more, maybe even noble, attempts to develop and keep good relationships with them? Those specific patients, doctors should balance their liabilities for his or her-own safety and protection and the same for their employees with their responsibility to increase the safety of the patients. They ought to try to find methods to honor both responsibilities (Wright & Rowitz, 2000). If not possible, they must try to develop another plan for the treatment of the patients. Additional disputes to the standards of dignity and equal care for each patient evolves in the treatment of infectious patients. In this case, there should be very big cohesion relationship between the doctors and the potential patient within the hospitals and nursing homes. Doctors and nurses as potential leaders in public health promotion program of choice I have chosen doctors and the nurses as the potential leaders in y health program following the fact that a healthcare acquired infection (HAI) is one that a patient occurs while receiving treatment in a healthcare facility. In this promotion nursing care program, doctors in cooperation with the nurses will be the leaders of focus. The institution or the organization focused can be a hospital, nursing home, surgery center, dialysis clinic or free clinic. It is estimated that on average one in twenty hospitalized patients will contract and HAI. These infections are a major public health concern not only because they cost billions of dollars to treat, but because they can be contracted from routine care, surgical procedures, catheters or ventilators and from overusing antibiotics (Israel, Schulz, Parker, & Becker, 1998). With the increasing rise of drug-resistant bacteria finding antibiotics to treat bacterial infections are becoming harder to find. At least one antimicrobial drug is resistant to 70 perc ...
Running Head LEADERSHIP IN PUBLIC HEALTH PROGRAMS 1111.docx
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INDIVIDUAL RIGHTS AND THE HEALTHCARE SYSTEMThe global perspec.docx
INDIVIDUAL RIGHTS AND THE HEALTHCARE SYSTEMThe global perspec.docx
Running Head LEADERSHIP IN PUBLIC HEALTH PROGRAMS 1111.docx
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