Wednesday, April 22, 2020
Which provisions in the Constitution give the fede Essays - Health
Which provisions in the Constitution give the federal government power to create, regulate, and mandate healthcare policies and according to whom? The United States Constitution does not imply that the federal government has direct power to create, regulate or mandate healthcare policies due to its' focus on the separation of powers, citizens "natural rights", and regulation of state authority. When the Constitution was written it was not with the inclination that ideas such as Universal Health Care or Obamacare would be enforced by the federal government. The preamble of the Constitution states, "We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defence, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America." However, the federal system creates two levels of government, the national and the state each with different roles that overall cover the wellbeing of citizens and the prosperity of the country. The argument should be more toned toward the federal government's role involve citizens receiving health care. Although Constitution does not dictate authority on a national level, there is regulation to policies regarding health care on the state level such as policy language, premium rates, and claim practices. These items very with each state and companies, such as State Farm, have individuals who ensure such compliance. But on a federal level we have HIPPA Act which is commonly enforced in the medical field, including the military; to protect medical information of patients. We can also see federal involvement when it comes to the creation of the FDA or Department of Health, Education, and Welfare. The Supreme Court has overseen a multitude of health care related cases regardless of ruling for or against there is an active role of the federal government as a whole. These situations test the ambiguity of the power each level of power. However, I believe that the idea behind the national and state role is to ensure accountability. On the state level, there are different priorities amongst states since the populous culture (i.e. drugs, STD's) and environment play a significant role in the health issues of that particular state. Ohio and West Virginia have seen an incline in drugs such as methamphetamine epidemic over the past five years. Naloxone is used by first responders to assist in drug overdoses, the funding of such a drug comes from the state but overall state funding is seen from the national level of government when lobbying for issues. Creating and environment in which the population can flourish has a direct correlation to the prosperity of the country which is why I believe that both national and state government have a large investment into health care although not mandated directly by the Constitution. Despite any personal feelings, there is an implied understanding that government should ensure that health care is accessible to individuals but not to create, regulate or mandate the reforms to ensure their quality or affordability.
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