Posted: February 17th, 2022

Health policy and law



Health policy and law


The rule law plays a critical role in healthcare and public health. Healthcare laws regulate the relationship between patients and clinicians and determine the quality of care. Health care laws can be initiated both from the federal and the state level; therefore, some rules are active and inaction while others are dormant. This paper explores the healthcare policy-making process, healthcare laws, and the policy structure of the healthcare system. This would create more understanding of how healthcare laws and policy structure can affect the quality of care delivery.

                                                    Healthcare policy and structure

The healthcare policy-making process is a complex procedure involving a variety of activities. Developing an effective healthcare policy requires critical analysis of various aspects within the healthcare system (Joynt Maddox et al., 2019). Joynt Maddox et al., in his publication, proposes one of the most effective policy-making processes. His proposal suggests that the policy-making process should occur in five procedural methods: Evaluation of the public health interest, Examining the overall effectiveness of the policy, Assessing whether the policy is well-targeted d, and identifying the impact of the proposed approach on human rights.

This process requires a critical examination of all facts to develop an effective healthcare policy (Joynt Maddox et al., 2019). However, the healthcare structure of both the federal and state governments differ significantly. Federal healthcare laws and policies have jurisdictions all over the US, while the state laws and policies are only applicable in their respective states. Following the enactment of Medicaid and Medicare policies in 1961, the federal government has attained superiority over the state government within the healthcare system.

 The federal bill to establish medicare for all I the most recent healthcare bill proposed to congress in 2019. The bill aims to promote national health insurance policy by providing insurance to all patients despite their age. This bill supersedes the medicare policy passed in 1965, which caters to health insurance for the old age above 65 years. Currently, health insurance programs are available and active within the US healthcare system. However, they are costly and run mainly by private organizations aiming to make profits, making the whole process expensive in the long run. However, the proposed bill may contribute significant advantages to the healthcare system. First, this federal insurance bill would cut the cost of medical services, enabling many individuals to access healthcare services, which would eventually improve general public health. Another advantage associated with this bill is that it will have jurisdiction in all states of the US regardless of their underlying state healthcare policies.

Federal health care laws

The US has several healthcare laws that govern the healthcare system’s care delivery process. The Healthcare quality improvement act of 1986 (HCQIA) is one of the most profound healthcare laws in the US. It leverages healthcare professionals during the evaluation of their conduct, providing them with immunity. The law originated following a disputed ruling by the supreme court involving the abuse of a physician peer-review process. Currently, HCQIA transforms as it arises in courts, and the court delivers new rulings. The law was enacted mainly to protect medical care providers from peer-review-related lawsuits. As a result, medical professionals can file complaints due to unprofessional or dangerous peer conduct.


Additionally, Medicaid is also another significant US healthcare policy. It was passed following the 1965 presidential legislation. Medicaid provides medical covers for over 50 million Americans. According to recent reports in 2014, the program covered more than half of all hospital bills. Besides, it covers a variety of recipients, including people with disabilities, unemployed workers, and expectant mothers. The affordable care act of 2010, sanctioned by President Barack Obama, is another profound healthcare law. The act requires that all US citizens apply for health insurance coverage failure, of which they would incur penalty charges (McIntyre & Song, 2019). Under this law, an organization with over 200 employees must provide health insurance coverage to every individual (McIntyre & Song, 2019). The Affordable Care Act offers healthcare active in the current US society, encouraging people to acquire health insurance covers.
































Joynt Maddox, K. E., Bauchner, H., & Fontanarosa, P. B. (2019). US Health Policy—2020 and Beyond. JAMA, 321(17), 1670. https://doi.org/10.1001/jama.2019.3451

McIntyre, A., & Song, Z. (2019). The US Affordable Care Act: Reflections and directions at the close of a decade. PLOS Medicine, 16(2), e1002752. https://doi.org/10.1371/journal.pmed.1002752










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