Introduction to Health Policy and Law Jody Blanke Distinguished Professor of Computer Information Systems and Law Mercer University

The Role of Policy and Law in Health Care and Public Health  Policy and law influence the way in which: health care is accessed, medicine is practiced, treatments are paid for.  A “main focus of public health law and policy is on locating the appropriate balance between public regulation of private individuals and corporations and the ability of those same parties to exercise rights that allow them to function free of overly intrusive government intervention.”

Three Conceptual Frameworks for Studying Health Policy and Law  Framework 1: Study based upon broad topical domains.  Framework 2: Study based upon historically dominant social, political and economic perspectives.  Framework 3: Study based upon the perspectives of key stakeholders.

Framework 1: Broad Topical Domains  Healthcare Policy and Law Access to care Quality of care Financing of care  Public Health Policy and Law Why and how the government regulates in the name of protecting the health, safety and welfare of the general public  Bioethics Focus on the point at which public policy law, individual morals, societal values, and medicine intersect

Framework 2: Social, Political and Economic Historical Context  1880 to 1960 Legal oversight of the practice of medicine was delegated to the medical professional itself  1960 to 1980 Social contract era focusses on enhancing access to care, creating new health insurance programs (Medicare and Medicaid), and passing anti-discrimination laws  1990s to today Market for healthcare services and health insurance operate best in s deregulated free market environment. Commercial competition and consumer empowerment will lead to the most efficient healthcare system.

Framework 3: Key Stakeholders  Patients  Healthcare providers  Governments  The public  Insurance companies  Employers  Private healthcare industries  The research community  Interest groups

Example: Pregnancy and Childbirth  There are many interesting and important policy questions Should there be a legal right to health care w.r.t. pregnancy? How should the costs of pregnancy be financed? What is the quality of care that pregnant women should receive and how do we monitor that care? Is it importance to track pregnancy and birth rates through public health surveillance systems? Who should answer these questions? The federal government? The states? Individuals?