Levels of Law in the United States

Assignment 3.2: Analyze the four levels of law in the United States. Give examples of specific laws at each level that affect healthcare.

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One of the primary purposes of a government is to establish and oversee the implementation of laws. Laws can be viewed as legal policies emanating from authorized arms of the government. In the United States, laws are made under the local, state, and federal government(s). There are four primary types of laws in the USA; legislative, constitutional, administrative, and judicial/common law (ghostwritersforhire.org). This essay seeks to analyze these four types of laws and provide examples of laws that affect healthcare.

Constitutional Law

The constitution is widely regarded as the supreme law of the land. It is a document that was created in the founding of the United States of America and was ratified by all fifty states. Apart from the federal constitution, individual states have their constitutions that do not contradict the United States Constitution (Sunkara & Rosenbaum, 2016). The authority of states is enshrined within the US constitution, and the state constitutions know not to exceed their mandate. State constitutions are also more open to amendments compared to the federal constitution.

It is significant to note that the US constitution does not declare an explicit right to healthcare for its citizens. The Supreme Court (whose purpose is to interpret laws) has also not interpreted access to healthcare from the government as a right. The general interpretation provided is that all people have the right to obtain healthcare services at their expense from willing care providers (Sunkara & Rosenbaum, 2016). Based on this interpretation, it is evident that there is little to no protection for citizens, especially low-income earners, regarding access to healthcare.

Legislative Law

These are laws/statutes passed by elected representatives at either level of the government and implemented within the specified jurisdiction. The legislature of the federal government is a co-equal branch of the government. The Supreme Court has already established that Congress has considerable authority to make laws for the benefit of the country. The House of Representatives and the Senate are two legislative bodies found in both the federal and state governments. One of the most significant statutes is the PPACA (Patient Protection and Affordable Care Act), which was signed into law in 2010. The law is meant to provide new rules and guidelines on how healthcare coverage will be offered, administered, and accepted within the country (French, Homer, Gumus, & Hickling, 2016).

The law contains different segments with varying implementation dates. For example, the “minimum essential coverage” segment began enforcement in 2014. This segment stipulates that individuals must obtain the minimum essential coverage for healthcare or face taxation penalties. This has had a significant effect on people’s uptake of federal health coverage programs such as Medicare and Medicaid. Another section of the law that began implementation in 2015 requires employers to give certain levels of healthcare coverage to different types of employees (French, Homer, Gumus, & Hickling, 2016). The PPACA has numerous provisions regarding healthcare and has been discussed multiple times before it was passed by Congress and signed into law by President Barrack Obama.

Judicial/Common Law

These are laws passed by the courts based on the principles of common sense, reason, and justice. There are numerous decisions made in the judicial system every day with varying impacts. It is essential to note that the judiciary is tasked with interpreting the law. Since the US constitution does not guarantee access to healthcare, there are numerous incidents when the judiciary has had to step in and pass decisions on behalf of the marginalized. Access to healthcare for inmates within the country is a contentious issue that has been debated numerous times. The people serving sentences in the country have limited freedoms, and they lack the ability to lead economic-generating activities to afford healthcare for themselves.

Based on the condition and the principles of justice, common sense, and reason, the Supreme Court passed the law that all prisoners have the right to clothing, shelter, adequate food, and medical care under the eighth amendment. The ruling also spanned to those held in mental healthcare institutions. This segment of individuals is protected under the fourteenth amendment’s Due Process Clause. They have the right to shelter, medical care, adequate food, safe conditions, and proper training to eliminate their restraints (Porche, 2017). Other than these, there are many other common laws passed that affect healthcare. As an example, there have been many attempts to overturn PPACA in the courts, but the law has been upheld and is still being implemented.

Administrative Law

These are the rules and regulations made and enforced by executive government agencies such as the Department of Health and Human Services (HHS). For example, the HITECH (Health Information Technology for Economic and Clinical Health) Act of 2009. This regulation was put in place, giving HHS the authority to develop and implement programs aimed at improving the safety, quality, and efficiency of healthcare provision. The primary medium is the development and promotion of HIT (Health Information Technology) through the development of electronic health records (Washington, DeSalvo, Mostashari, & Blumenthal, 2016). The HIT functions implemented must follow the regulations set aside by the HITECH Act allowing the HHS to scrutinize their systems to ensure that the set standards are maintained. For instance, the reinforcement of information security is paramount to promote the security and integrity of patient information.

Conclusion

There are four types of laws in the country, and each has its impact on the healthcare industry. This paper has provided examples of laws affecting healthcare for each of the four levels identified. 

References

French, M. T., Homer, J., Gumus, G., & Hickling, L. (2016). Key provisions of the Patient Protection and Affordable Care Act (ACA): a systematic review and presentation of early research findings. Health services research, 51(5), 1735-1771.

Porche, D. J. (2017). Health Policy. Jones & Bartlett Learning.

Sunkara, V., & Rosenbaum, S. (2016). The Constitution and the Public’s Health: The Consequences of the US Supreme Court’s Medicaid Decision in NFIB v Sebelius. Public Health Reports, 131(6), 844-846.

Washington, V., DeSalvo, K., Mostashari, F., & Blumenthal, D. (2017). The HITECH era and the path forward. New England Journal of Medicine, 377(10), 904-906.

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