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Questions and Answers

What are social determinants of health?

Social determinants of health are the resources and conditions in our social and physical environments that influence exposure, vulnerability, and immunity to causes of disease and injury.

What is law?

Laws are rules issued and enforced by government entities.

What are the three categories of the Ten Essential Health services?

  • Assessment (correct)
  • Implementation
  • Evaluation
  • Policy development (correct)
  • Assurance (correct)
  • What are the three branches of government?

    <p>Executive Branch</p> Signup and view all the answers

    What does the Department of Health and Human Services budget look like?

    <p>33% Medicaid, 50% Medicare, 9% Discretionary programs, 5% other mandatory programs, 2% Children entitlement programs, and 1% TANF.</p> Signup and view all the answers

    Who is the Secretary of Health and Human services in the U.S?

    <p>Xavier Beccera</p> Signup and view all the answers

    What are the comparative advantages of the federal government (versus state and local) in promoting public health?

    <p>More authority/power</p> Signup and view all the answers

    What is the Stafford Act?

    <p>Authorize the president to issue two types of declarations that could provide federal assistance to jurisdictions in response to a public health incident.</p> Signup and view all the answers

    What are the two types of declarations under the Stafford Act?

    <p>Major disaster declaration</p> Signup and view all the answers

    What do state public health departments do?

    <p>Collect public health data. Disease investigations. Training public health workers. Addressing health equity.</p> Signup and view all the answers

    What does the state budget look like?

    <p>There is a large proportion of the budget spent on: MA community health choices, M-assist capitation, and county child welfare.</p> Signup and view all the answers

    Who is the PA secretary of health?

    <p>Dr Debra L. Bogen</p> Signup and view all the answers

    What are the comparative advantages of the state government (versus federal and local) in promoting public health?

    <p>Might trust state more than federal. States have different landscapes, populations so the state might be able to cater to the population better than federal.</p> Signup and view all the answers

    What are the benefits of an ethical analysis framework? Why should we use one to make ethical decisions?

    <p>The Ethical Analysis Framework can help ensure that decisions are made in a way that is ethical and responsible. This means that decisions will be made in a way that is fair, just, and respects the rights and interests of all stakeholders.</p> Signup and view all the answers

    What are the four principles of clinical research ethics?

    <p>Beneficence (doing good), Nonmaleficence (doing no harm), Justice/ equity, and Respect for persons/ autonomy.</p> Signup and view all the answers

    What changes would we see if we only considered autonomy without interdependence?

    <p>If we only considered autonomy without interdependence, we would see more focus on individual rights and less concern for the collective good.</p> Signup and view all the answers

    What are some benefits of engaging stakeholders in public health decisions?

    <p>Ensure the public's values and beliefs are considered in decisions</p> Signup and view all the answers

    What are the comparative advantages of the Local government (versus federal and state) in promoting public health?

    <p>Trust more at local level. Cities/ local areas can be very different across the state or country and so when using local then they can understand the local problems and make more of an impact (Philly and opioids).</p> Signup and view all the answers

    Sum up the important points of the section on the Public Health system. What are the key takeaways?

    <p>Congress enacts statutes to give power to the Federal government. The Federal government can only get power from Congress. The Public Health system includes Indian Health Services, state, and US public health agencies. Areas of structural racism exist in the public health system.</p> Signup and view all the answers

    What are the four principles of public health ethics?

    <p>Beneficence (doing good), Nonmaleficence (doing no harm), Justice/ equity, and Respect for persons/ autonomy. Plus, Interdependence/ solidarity/ collective (public health attitions to ethics).</p> Signup and view all the answers

    What are the influential documents of research ethics?

    <p>The Nuremberg Code, the Declaration of Helsinki, and the Common Rule</p> Signup and view all the answers

    What are the advantages of the State government in public health?

    <p>States have different needs and the Federal government can address them all</p> Signup and view all the answers

    What are the advantages of the Federal government in public health?

    <p>They have more influence in reaching people nationwide</p> Signup and view all the answers

    How do you interpret amendments to the U.S. Constitution?

    <p>Textualism</p> Signup and view all the answers

    What are the three branches of the U.S. Government?

    <p>Legislative</p> Signup and view all the answers

    What are the powers of the Legislative branch?

    <p>Tax and spend. Regulate interstate commerce. Make &quot;necessary and proper&quot; laws for implementing other enumerated powers.</p> Signup and view all the answers

    What is the primary role of the Legislative branch?

    <p>To create laws and fund government through budget laws.</p> Signup and view all the answers

    What are the powers of the Executive branch?

    <p>To &quot;take care that the laws be faithfully executed&quot;. To &quot;Nominate, and by and with the advice and consent of the senate... appoint ambassadors,.... Judges of the supreme courts, and all other officers... .</p> Signup and view all the answers

    What is the primary role of the Executive branch?

    <p>To enforce the law.</p> Signup and view all the answers

    What are the powers of the Judicial branch?

    <p>To hear all cases &quot;arising under this Constitution, the laws of the United States, [treaties]...&quot; To hear &quot;In all cases affecting ambassadors, and . . . those in which a state shall be party, the Supreme Court shall have original jurisdiction. In all the other cases [SCOTUS] shall have appellate jurisdiction, both as to law and fact</p> Signup and view all the answers

    What is the primary role of the Judicial branch?

    <p>The Judicial branch is to interpret ambiguous laws and the constitution and resolve conflicts.</p> Signup and view all the answers

    What is judicial review?

    <p>Judicial review is the process of the courts reviewing laws to determine whether they are consistent with the Constitution.</p> Signup and view all the answers

    What is the "commerce clause"?

    <p>The commerce clause gives Congress the power to &quot;regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes&quot;.</p> Signup and view all the answers

    What is regulation of commerce between several states?

    <p>Both A and B</p> Signup and view all the answers

    What are examples of commerce?

    <p>Regulate unions under the National Labor Relations Act (NLRB v. Jones &amp; Laughlin Steel Corp (1937)). Set minimum wages and hours under the Fair Labor Standards Act (United States v. Darby (1941)). Restrict the amount of land used for wheat under the Agricultural Adjudgment Act (Wickard v. Filburn (1942)).</p> Signup and view all the answers

    Explain how the Commerce Clause has been used to justify the power of the federal government to regulate commerce?

    <p>The courts have defined that the Commerce Clause gives Congress power to regulate purely local activities that are part of a &quot;class of activities&quot; with a substantial effect on interstate commerce.</p> Signup and view all the answers

    What are the three types of Pre-Emption?

    <p>Field pre-emption</p> Signup and view all the answers

    What is the Tenth Amendment?

    <p>The Tenth Amendment ensures that powers not explicitly delegated to the federal government are reserved to the states.</p> Signup and view all the answers

    Who is the Philadelphia Health Commissioner?

    <p>Frank A Franklin is the interim commissioner</p> Signup and view all the answers

    What is "police power?"

    <p>Police power is the ability of a state to enact laws to protect the health, safety, and general welfare of its citizens.</p> Signup and view all the answers

    What does "Dillon's Rule" state?

    <p>Dillon's Rule states that local governments only have powers that are expressly granted by the state, necessarily implied from a grant of state power, or absolutely essential to the very existence of the local government.</p> Signup and view all the answers

    What does "home rule" state?

    <p>Home rule provides local governments with broad autonomy and the power to govern themselves, but it is subject to the state.</p> Signup and view all the answers

    What are the reasons that State governments preempt local governments in public health areas?

    <p>Corporate lobbyists influence state governments</p> Signup and view all the answers

    What is the "standing doctrine"?

    <p>To be heard in court, a party must have been affected by a law or regulation and suffered or will suffer harm as a result.</p> Signup and view all the answers

    What are some challenges to health authority in emergency powers?

    <p>Challenges to health authority in emergency powers often involve: challenges to emergency powers, and challenges to the legal basis for decreasing the power of public health authorities.</p> Signup and view all the answers

    What is the Administrative Procedures Act?

    <p>The Administrative Procedures Act is a federal law governing the way that federal agencies create and implement regulations.</p> Signup and view all the answers

    What does "Chevron Deference" state?

    <p>Courts should generally defer to the interpretation of a statute by the agency that is responsible for implementing that statute, unless the agency’s interpretation is unreasonable.</p> Signup and view all the answers

    What is the "Major Questions Doctrine"?

    <p>The doctrine states that if Congress wants an agency to do something that has significant economic and political implications, it will write the authority for it into law.</p> Signup and view all the answers

    What are the legal authorities for vaccinations at both the federal and state levels?

    <p>Public Health Services Act (1944)</p> Signup and view all the answers

    How is the "National Vaccine Program" funded?

    <p>The program is funded through a small percentage of the cost of each vaccine dose.</p> Signup and view all the answers

    What are the two ways the government deals with the adverse effects of vaccines?

    <p>The government addresses adverse effects from vaccines through two mechanisms: VAERS (Vaccine Adverse Event Reporting System) and the National Vaccine Injury Compensation Program.</p> Signup and view all the answers

    What is the major argument made in National Federation of Independent Business v. Sebelius?

    <p>The plaintiffs argued that the individual mandate provision of the Affordable Care Act exceeded Congress's enumerated powers under the Commerce Clause and the Medicaid expansion provision was unconstitutionally coercive.</p> Signup and view all the answers

    What are some potential challenges to the use of emergency powers in the context of public health?

    <p>Some potential challenges include: the infringement of individual rights, the use of the Major Questions Doctrine, and procedural legal issues.</p> Signup and view all the answers

    What is "due process?"

    <p>Due process of law is the legal requirement that all individuals are entitled to fair and impartial treatment under the law.</p> Signup and view all the answers

    What are the two types of due process?

    <p>Procedural due process and substantive due process.</p> Signup and view all the answers

    What are the three requirements for procedural due process?

    <p>Advance notice</p> Signup and view all the answers

    When are the procedural due process rights disregarded?

    <p>The procedural due process rights are often disregarded when the government’s interest in protecting the public outweighs the individual’s interest.</p> Signup and view all the answers

    What are the cases that demonstrate the government's interest in protecting the public outweighing individual interest?

    <p>The cases of Mackey v. Montrym and Hickox v. Christie, are important examples of this legal principle.</p> Signup and view all the answers

    What is "substantive due process"?

    <p>Substantive due process refers to unenumerated fundamental rights that are not explicitly mentioned in the Constitution.</p> Signup and view all the answers

    What is "strict scrutiny?"

    <p>Strict scrutiny is the highest level of judicial review. If a</p> Signup and view all the answers

    Study Notes

    Law and Ethics - Class 1

    • Social determinants of health are resources and conditions in environments that affect exposure, vulnerability, and immunity to illness and injury. Most characteristics influence health, excluding health characteristics.
    • Laws are rules issued and enforced by government bodies.
    • Laws come from federal, state, and local governments.
    • "Law on the books" differs from "law on the streets," as written laws may not always be enforced or followed.

    Law on the Books vs. Law on the Streets

    • Laws regarding jaywalking, bike helmets, or marijuana use are examples of "law on the books," which contrasts with the actual practice, or "law on the streets."

    How does Law Influence Health?

    • Laws can encourage good behaviors and discourage bad ones (e.g., minimum unit pricing for vapes).
    • They influence the physical environment through zoning. Example: Zoning rules and side walks
    • They shape social environments as in after-school anti-bullying activities
    • Laws can influence social determinants of health (e.g., school curriculum on health, food stamps).
    • Laws shape the health system (e.g., funding, vaccine clinics).

    What are the criteria for identifying critical opportunities for public health law?

    • Address a significant public health problem.
    • Mechanisms underlying the problem are well understood.
    • Feasible legal interventions are identifiable.
    • State laws restricting vehicle operation.
    • Increasing taxes on alcohol.
    • Federal standards for nutrient content in food.
    • State laws removing barriers for opioid overdose helpers.

    Class 2 - Aims

    • Understand the structure of the public health system (federal, state, and local roles).
    • Identify sources of structural racism in health and care policy.

    Class 2 - What does the "public health system" do?

    • Details not provided.

    Class 1 aims

    • Understand the role of law in achieving public health

    The Ten Essential Health Services

    • Categories of the Ten Essential Health services are Assessment, Policy development, and Assurance.

    Three Government Entities

    • Federal, State, and Local

    Three Branches of Government.

    • Legislative (creates laws, budgets, monitors programs)
    • Executive (enforces laws, implements programs, adopts rules)
    • Judicial (interprets laws and regulations, resolves conflicts)

    ###Structure of the Department of Health and Human Services

    • Details not provided in the text; A chart displaying various offices in the Department is included in the text
    • Also budgets are presented in the text showing percentages of funds going into various areas

    Public Health Ethics

    • Key ethical concepts-
    • Research Ethics, Clinical Ethics, and Bioethics.
    • Public heath ethics includes the concept of interdependence/ solidarity /collective; the idea that the health of all people is interconnected, and public health aims should reflect and promote the well-being of the entire community, not just certain members.

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