For this assignment, you are a health policy and analysis student seeking a summer externship at Joe & Jane Law Firm, a major health policy analysis consulting firm to the U.S. House of Representatives’ Committee on Health. During your interview for an externship, the law clerk of Joe & Jane asks you to demonstrate your knowledge of the different forms of U.S. health policies. You have been tasked with writing an essay differentiating and analyzing the different forms of health policy.
In your response to the clerk, consider and discuss the following:
Identify and explain one health policy enacted in each of the following categories
Please do not use the examples provided.
- Federal (e.g., Health Information and Portability Act (HIPAA) or state (e.g., Texas Family Code § 160.754. dealing with surrogacy)
- Executive Department Rule or Regulation used to implement a health policy (An example of an Executive –Department would be the Centers for Disease Control, Food and Drug Administration, or another governmental agency)
- Common law ruling – a decision rendered by a court like Roe v. Wade
For this assignment, be sure to address the following:
- Identify the problem each policy was created to solve.
- Determine whether it is accomplishing the purposes for which it was originally enacted.
- Explain if the policy has been amended since it was passed, and if it has been amended explain how it was amended.
- Explain whether the health policy is currently implemented in every state.
- Determine if there are states not implementing the policy, and if they exist, explain why; or, identify and explain their objection(s) to the policy.
3 to 4-page essay
Title: An Analysis of Different Forms of U.S. Health Policies
Introduction:
Health policies in the United States are essential tools for addressing various healthcare challenges and improving public health outcomes. In this essay, we will examine and analyze one health policy from each of the following categories: Federal, Executive Department Rule or Regulation, and Common Law Ruling. We will discuss the problem each policy was created to solve, its effectiveness in achieving its intended goals, any amendments it has undergone, its implementation across states, and any potential opposition to its implementation.
I. Federal Health Policy: The Affordable Care Act (ACA)
- Problem and Purpose: The Affordable Care Act (ACA), enacted in 2010, aimed to address the longstanding issue of the high number of uninsured and underinsured individuals in the United States. The ACA sought to expand healthcare coverage, improve the quality of healthcare services, and control rising healthcare costs. By doing so, it intended to increase access to healthcare for millions of Americans and reduce the burden of medical expenses on households.
- Accomplishment of Purpose: Since its enactment, the ACA has made significant progress in achieving its objectives. Millions of previously uninsured individuals gained access to health insurance through Medicaid expansion and the establishment of health insurance marketplaces. The ACA also implemented essential consumer protection measures, such as prohibiting insurance companies from denying coverage based on pre-existing conditions and allowing young adults to stay on their parents’ insurance plans until the age of 26. Overall, the ACA has contributed to a decrease in the uninsured rate and increased healthcare coverage across the country.
- Amendments: The ACA has undergone several amendments since its passage, with some aimed at improving certain provisions and addressing challenges faced during implementation. One significant amendment was the Tax Cuts and Jobs Act of 2017, which eliminated the individual mandate penalty starting in 2019. This change resulted in a potential decrease in the number of insured individuals and a shift in the dynamics of the insurance market.
- State Implementation: The ACA is a federal policy that applies to all states. However, states have some discretion in implementing certain provisions, such as whether to expand Medicaid. As of the writing of this essay, the majority of states have opted to expand Medicaid, but some states have chosen not to, citing concerns about the financial burden and ideological opposition to government-funded healthcare programs.
II. Executive Department Rule or Regulation: Food and Drug Administration (FDA) Drug Approval Process
- Problem and Purpose: The FDA’s drug approval process serves the purpose of ensuring that pharmaceutical products marketed in the United States are safe and effective for their intended use. This process is essential for protecting public health by regulating the development, manufacturing, and distribution of drugs.
- Accomplishment of Purpose: The FDA’s drug approval process has been instrumental in safeguarding the public from potentially harmful or ineffective medications. By subjecting pharmaceutical products to rigorous clinical trials and thorough review, the FDA has prevented the introduction of unsafe drugs into the market and facilitated the availability of effective treatments for various medical conditions.
- Amendments: The FDA’s drug approval process is continually evolving to keep pace with advancements in medical science and technology. The agency may issue guidance documents or update regulations to improve the efficiency and safety of the drug approval process. Amendments often aim to streamline certain aspects of drug development or address emerging issues, such as expedited approval pathways for drugs that treat life-threatening conditions.
- State Implementation: The FDA’s drug approval process is a federal regulation and applies uniformly across all states. States do not have the authority to alter the process but may collaborate with the FDA on specific matters related to drug safety and monitoring.
III. Common Law Ruling: Roe v. Wade
- Problem and Purpose: Roe v. Wade was a landmark Supreme Court decision in 1973 that recognized and protected a woman’s constitutional right to access abortion services. The ruling aimed to address the issue of reproductive rights and provide women with autonomy over their reproductive choices.
- Accomplishment of Purpose: Roe v. Wade was successful in establishing a legal framework that protects a woman’s right to choose whether to have an abortion, based on her right to privacy under the Fourteenth Amendment. The ruling has had a profound impact on women’s reproductive healthcare, ensuring access to safe and legal abortion services.
- Amendments: Roe v. Wade has faced numerous challenges and amendments at both the state and federal levels. While the Supreme Court reaffirmed the core principles of Roe v. Wade in subsequent cases, such as Planned Parenthood v. Casey in 1992, some state legislatures have passed restrictions and regulations that attempt to limit access to abortion services.
- State Implementation: Since the Roe v. Wade decision, states have taken different approaches to the implementation of abortion policies. Some states have actively protected and expanded abortion rights, while others have enacted restrictive laws, including waiting periods, mandatory counseling, and limitations on abortion providers. States with more conservative viewpoints may oppose the ruling based on moral or religious grounds, leading to attempts to limit or challenge its implementation.
Conclusion:
In conclusion, health policies in the United States take various forms, including federal legislation, executive department regulations, and common law rulings. Each policy is designed to address specific healthcare challenges and improve public health outcomes. The examples discussed in this essay, the Affordable Care Act, FDA drug approval process, and Roe v. Wade, have all served essential purposes in the healthcare landscape. While these policies have achieved their original goals to varying degrees, they have also faced amendments and challenges throughout their implementation. Furthermore, the level of policy implementation may vary across states, influenced by states’ political and ideological differences and their willingness to adhere to or challenge federal mandates. As a health policy and analysis student, understanding the nuances and effectiveness of different health policies is critical for fostering evidence-based and equitable healthcare solutions for the population.