Health and Human Services Law Essay Example

Health and Human Services Law Essay Example Health and Human Services Law Paper Health and Human Services Law Paper The ideal of legality is significant for public administration, and for human service administration, because of the covenant that our government is a government of laws and not a government of men and women. No person is above the law. If humans were angels, there would be no need for law. At the same time, humans have evolved to the point of capacity for self-government, self-rule, through law (Valle, 2003). The Ideal of Legality Health and human services are delivered within a framework of private public law. The rules of conduct for health and human services in the free market economy are prescribed by such areas of the law as contracts and torts (civil wrongs). Government-specifically, the judiciary – provides a dispute resolution service for private conflicts, the results or cases constituting a body of private law. Private law defines and enforces the duties and rights of private individuals and organizations. Government is active and regulatory in health and human services in response to qualitative or quantitative breakdowns in the free market economy and the family. The regulation and delivery of health and human services by government through law constitutes a body of public law defining the subfield of substantive health and human service law. Public law defines and regulates the relationship of individuals and government. Public human service law is generated not only by the judiciary in resolving disputes through cases involving public human service interests, but also legislatures, and by administrative agencies through rule making and adjudication. Public human service law is distinct from administrative law in that administrative law can be considered procedural, generally governing the administrative process and the means by which administrators conduct business. Public human service law, at least for purposes of this discussion, delineates substantive service goals, or ends, and structure or legal organization – that is, what the service delivery system should look like and accomplish (Rabin Steinhauer, 1988). Malpractice Caps Various states are attempting to stem the tide of rising malpractice costs by passing laws that impose restrictions on limiting the total dollar damages allowable in malpractice action. The White House is preparing a package designed to encourage states to cap non-economic damages at $250,000 and incentives for states to adopt measures designed to rein in the malpractice litigation process. The proposal would give compensation to states trhat adopt recommendations that include structured payments of damages and programs to settle malpractice cases out of court. Many states have enacted laws that limit malpractice awards. A Kansas statute, for example, provides that in any personal injury action the total amount recoverable by each party from all defendants for non-economic losses shall not exceed $250,000. Maryland allows for up to $350,000 for non-economic damages. It is unlikely that setting a cap on awards for pain and suffering will do very much to reduce the costs of malpractice insurance. â€Å"Placing limits on malpractice awards is no solution to the lack of coordinated planning that reflects this country’s approach to health care. Capping awards would do nothing to help the patients.† The malpractice reforms in Indiana, which set upper limits on damage rewards and a mandatory review of malpractice claims by a physician panel, did not deter people from filing malpractice claims (Rabin Steinhauer, 1988). Impact of Medicare Drug Law Landmark Medicare reform was passed in November 2003, titled the Medicare Prescription Drug, Improvement, and Modernization Act of 2003 (Modernization Act). This law creates subsidized prescription drug benefit for all elderly starting in 2006. in 2004, individuals could purchase a drug discount card, estimated at about $35 a month, that could save them 10%-25% on current drug costs. If an individual’s income was not more than $12,569, they qualified for a $600 credit on their discount card to help cover the cost of their prescriptions. The new law does not contain any mechanisms to control the cost of medication. Only time will tell how effective the discount cards will be. Also, under the new Modernization Act, disease management initiatives must be implemented. In 2004, the administrator for CMS announced that by the end of the year, 10 Medicare chronic care projects would be launched. It is hoped that increased coordination of care for Medicare beneficiaries will demonstrate health care quality and positive outcomes as well as significant cost settings (Brody, 2005). Conclusion The immediate conclusion to be drawn from the above situations is that reducing exclusion from health care requires an approach that combines various intervention modalities. In addition, simultaneous efforts need to be made in the areas of steering, financing, insurance, and provision of health services so that the actions undertaken in each are consistent and mutually reinforcing. The challenge is to make extending social protection for health the focus of the government’s political agenda and to engage all relevant actors in the effort. In this regard, extending social protection for health must be made of the essential public health function of guaranteeing access to services (Valle, 2003). References: Brody, R. (2005). Effectively Managing Human Service Organizations. New York: SAGE. Health in the Americas. (2002).   (Vol. 2). Washington DC: Pan American Health Org. Rabin, J., Steinhauer, M. B. (1988). Handbook on Human Services Administration. New York: CRC Press. Valle, S. D. (2003). Language Rights and the Law in the United States: Finding Our Voices. New York: Multilingual Matters.