- Use the Internet to research the National Institutes of Health (NIH) Website, located at http://www.nih.gov/; PubMed, located athttp://www.ncbi.nlm.nih.gov/pubmed/; and other related Websites to examine common law and its effect on healthcare policy in the United States. Be prepared to discuss.
- Use the Internet or Strayer databases to research the Supreme Court’s review of the Affordable Health Care Act. Be prepared to discuss.
- Use the Internet or Strayer databases to research the Supreme Court’s review of two (2) healthcare cases involving stare decisis. Be prepared to discuss.
“Common Law and Separation of Power” Please respond to the following:
- From the first e-Activity, interpret the role that common law has played in health care in the United States. Assess the level at which common law has impacted overall decisions related to healthcare policy. Provide two (2) specific examples to support your rationale.
- Differentiate between checks and balances in the separation of power. Specify two (2) examples related to health care from your state government.
———————————————————————————————————
“The Courts” Please respond to the following:
- From the second e-Activity, analyze the Federal court decisions in regards to the Affordable Health Care Act. Debate the extent to which the Supreme Court’s decisions have affected healthcare policy in your community. Provide two (2) specific examples to support your rationale.
- From the third e-Activity, analyze the concepts of stare decisis and their effect on health care related judicial decisions. Interpret this legal term in relationship to two (2) health care related cases. Support your response with specific examples.
Expert Solution Preview
Introduction:
As a medical professor, it is important to understand and analyze the impact of common law and the separation of power on healthcare policies and decisions. In this assignment, we will discuss the role of common law, checks and balances in the separation of power, and the impact of the Supreme Court’s decisions on healthcare policy. We will also examine the legal term of stare decisis and its relationship with healthcare-related judicial decisions.
Answer 1:
Common law has played a significant role in shaping healthcare policies in the United States. Common law, which is based on judicial decisions, has helped to establish legal precedent that guides future decisions related to healthcare. One specific example of the impact of common law on healthcare policy is the duty to obtain informed consent. The judicial decision in Salgo v. Leland Stanford Jr. University Board of Trustees established the legal precedent for informed consent in healthcare. Another example is the decision in Canterbury v. Spence, which established the standard of medical malpractice for failing to disclose relevant information to the patient.
Answer 2:
Checks and balances are important aspects of the separation of powers in government. In relation to healthcare, two examples of checks and balances from state governments include the state legislative and executive branches. The state legislative branch is responsible for creating laws that regulate healthcare practices and policies. The executive branch is responsible for implementing and enforcing these laws, as well as establishing regulations and guidelines for healthcare providers and facilities.
Answer 3:
The Federal court decisions in regards to the Affordable Health Care Act have had a significant impact on healthcare policy in the United States. The Supreme Court’s decision to uphold the individual mandate provision of the Act has led to increased access to healthcare coverage for millions of Americans. However, the decision to make Medicaid expansion optional for states has resulted in some states choosing not to expand Medicaid coverage. This has led to disparities in access to healthcare coverage for low-income individuals in different parts of the country.
Answer 4:
Stare decisis is a legal term that refers to the principle of following previous judicial decisions when deciding similar cases. In relation to healthcare-related judicial decisions, stare decisis has been used to establish legal precedent that guides future decisions. Two examples of healthcare-related cases that have used stare decisis include Roe v. Wade, which established the legal right to abortion, and Griswold v. Connecticut, which established the right to access birth control. These decisions have had a significant impact on healthcare policy and access to reproductive healthcare services.
