HEALTH LAW AND THE STATE INSTITUTION

Health Law and the State Institution



Health Law and the State Institution

I. Introduction

1.1. Health care

Health Care and health Law is governed by the law, rules, regulations and other jurisprudence that cover a wide range of legal concerns, from healthcare law, mental health, public health, technology and medical care, to medicine, and the entire healthcare field, including specific laws governing the health industry: physicians, nurses, hospitals and health systems, health maintenance organizations, health insurers, managed care companies, nursing facilities, home care providers, social services and the relationship among them and patients[1]. The thesis statement to be discussed here is “Health Law and the State Institution: Walking the tight rope between mandatory regulations and the medical mission”.

1.2. Healthcare facilities

An average person would feel for the person who could not afford sufficient health insurance, and as in the case above, the baby inside that mother's womb didn't choose its financial situation, or its parents. That baby didn't ask to be born, and it wasn't given a chance to live. It wasn't necessarily the doctor's fault, and it wasn't even his or her decision, because of business. Business has moved to the heart of health care, a place once relatively cushioned from the pursuit of profit that drives the rest of the U.S. economy. Throughout the history of the United States, medical institutions have largely been non-profit establishments existing primarily to serve the community. But during the past 20 years, the number of for-profit health care facilities has grown at an exceeding rate compared to non-profit health care facilities.The distinguishing feature of the Law Mental hospital's program in health law is its genuine collaboration with the Mental hospital and Medical Center, which is consistently ranked among the nation's top 100 hospitals. At Virginia, law students can study health law in the clinical setting, interacting with medical students and physicians. They can also view the regulatory context through the eyes of physicians and health care administrators. Law faculty teach in the Mental hospital and Medical Mental hospital professors teach in the Law Mental hospital's program. Law students and faculty have the opportunity to work with students and faculty from all medical specialties, including pediatrics, neurology, internal medicine (infectious disease and geriatrics) and psychiatry.

The law is an essential part of public health practice. Laws define the powers of public health officials and serve as a tool to establish norms for healthy behavior and help create the social conditions in which people can be healthy[2]. In its 1988 foundational report, The Future of Public Health, the Institute questioned the soundness of public health law. The report recommended that states review and revise their public health statutes to (1) clearly delineate the basic responsibilities of public health authorities, (2) implement modern disease control measures, and (3) incorporate due process safeguards. Despite these recommendations, public health law in most states remains ripe for reform.

III.The Medical Mission

a.Hippocratic Oath

The Hippocratic Oath was an oath generally thought to be written in the 4th century ...