Questions? Midterm questions?

Other business◦ Kaplan announcements◦ Public health law in the news◦ CA trial in the news

Wave of State Laws Preempting Local Nutrition-Related Legislature

CDC Names Decade’s Top 10 Public Health Achievements

FDA to conduct Independent Review of Menthol Cigarettes

FDA Unveils Graphic New Cigarette Warning Labels

Do you know of any recent PHL in the news?

Evaluate the legal basis of emergency preparedness and response by public health

Describe the government health insurance programs

To view the slide presentation on unit 5 readings click here.

Read Chapter 11 In course text, Law in Public Health Practice

Respond to the discussion question You will discuss legal authorities

Attend the optional flex seminar Log in from Student Home Page

Complete the Unit 5 project Government Health Insurance Programs Project

Check out Extra! Extra! Review the Executive Summary for the Framework for Improving Cross-Sector Coordination for Emergency Preparedness and Response

Government health insurance programs play a major role in the overall health of the public. These programs originated from legislation aimed at helping those in need, such as children, impoverished individuals, and the elderly. Explain the following government health insurance programs in sufficient detail to meet the guidelines for the project.

Medicare Medicaid Children’s Health Insurance Program (CHIP) The paper will be five paragraphs, presented in APA format,

with a minimum of three online references and a word count of at least 750. Grading criteria will be based upon the student’s ability to describe the topic of his/her choice, as well as answering the questions associated with it. APA guidelines, spelling, and grammar will also be considered. The paper will clearly address each of the questions posted along the paragraphs. The paper must have an introduction and a conclusion paragraph.

Hospital Coverage Medical Insurance Medicare Advantage Plans Prescription Drug Plans

What Is Part B (Medical Insurance)?◦ Part B helps cover medically-necessary services like doctors' services,

outpatient care, home health services, and other medical services. Part B also covers some preventive services. Check your Medicare card to find out if you have Part B.

How Much Does Part B Cost?◦ If you have Part B, you pay a Part B premium each month. Most people

will pay the standard premium amount. Social Security will contact some people who have to pay more depending on their income. If you don't sign up for Part B when you are first eligible, you may have to pay a late enrollment penalty.

How Do I Get Part B?◦ Some people automatically get Part B.  Learn how and when you can

sign up for Part B. What Does Part B Cover?

◦ To find out if Part B covers something specific, visit Your Medicare Coverage. Part B covers two types of services:

Medically-necessary services — Services or supplies that are needed to diagnose or treat your medical condition and that meet accepted standards of medical practice. ◦ Preventive services — Health care to prevent illness (like the flu) or

detect it at an early stage, when treatment is most likely to work best.

Medicaid is available only to certain low-income individuals and families who fit into an eligibility group that is recognized by federal and state law. Medicaid does not pay money to you; instead, it sends payments directly to your health care providers. Depending on your state's rules, you may also be asked to pay a small part of the cost (co-payment) for some medical services.  

Medicaid is a state administered program and each state sets its own guidelines regarding eligibility and services.

Read more about your state Medicaid program to complete your assignment.  

The Children's Health Insurance Program Reauthorization Act of 2009 (CHIPRA or Public Law 111-3) reauthorized the Children's Health Insurance Program (CHIP).  

CHIPRA finances CHIP through FY 2013.

It will preserve coverage for the millions of children who rely on CHIP today and provides the resources for States to reach millions of additional uninsured children.  This legislation will help ensure the health and well-being of our nation's children.

Families who earn too much to qualify for Medicaid may be able to qualify for CHIP.

Families that do not currently have health insurance are likely to be eligible, even if you are working. The states have different eligibility rules, but in most states, uninsured children under the age of 19, whose families earn up to $44,100 a year (for a family of four) are eligible. For little or no cost, this insurance pays for: 

doctor visits immunizations hospitalizations emergency room visits

CMS

HISTORICAL PERSPECTIVE: SOURCES OF LEGAL AUTHORITY IN PUBLIC HEALTH INTERVENTIONS

THE CASE OF BIOTERRORISM Collection of Records and Data: Disease

Reporting, Surveillance, and Privacy Control of Property: Seizures, Takings, and

Nuisances Management of Persons: Quarantine,

Detention, and Treatment Legal Immunity Access to Communications: First Amendment

and Media Strategy Conclusions and Discussion

Authors: JAMES J . MISRAHI, GENE W. MATTHEWS,AND RICHARD E . HOFFMAN

TABLE 10–1. State Emergency Public Health Powers POWER SOURCE RESTRICTION Disease reporting and medical surveillance Subpoena of business information, for ex-ample, customer lists, shipping information Commandeer private buildings and seize pharmaceuticals Abate nuisances Personal-control mea-sures, for example, quarantine, com-pelled medical test-ing, mandatory vaccination Legal immunity Dissemination of public health information

Police power reserved to states under Tenth Amendment Derived from state statute Police power Police power Police power State statute may provide legal immunity from lawsuits under state law Unclear whether the po-lice power authorizes control of media outlets

Constitutionally recognized right to

privacy; state stat-utes covering medical

privacy

Fourth Amendment right against

“unreasonable” searches and seizures; trade secrets and other informa-tion may be viewed as “property” under the Fifth and

Fourteenth Amendments

Fifth and Fourteenth

Amend-ments’ requirements of due

process and just

compensation No compensation required if deemed a “nuisance,” other-wise a “taking”

requiring compensation

Considered a significant depri-vation of “liberty” requiring due process;

Equal Protec-tion Clause implicated if

applied in a discriminatory manner;

possibly First Amendment Freedom

of Religion Clause

42 U.S.C. §1983 authorizes damage

awards for viola-tion of rights under the

Constitution subject to doc-trine of “qualified

immunity”

First Amendment doctrine of “prior

restraint” generally prohibits government

from censoring information in advance

of publication