Table of Contents
INTRODUCTION
The public healthcare system of the country has evolved since independence and the requirement for a successful and effective healthcare system is large.
Public health care law refers to a set of legal regulations and policies that govern the provision of public health services and the management of public health care systems. These laws aim to protect and promote the health of the general public, prevent the spread of diseases, and ensure access to essential healthcare services for all. According to the Sample Registration System, the Infant Mortality Rate as of 2020 is 20
Public health services are invisible to people unlike medical services. Medicine is a social science that must be understood and implemented to cover all aspects, which abide by the law. Preservation of public health laws is very requisite and laws for ensuring that happens are a key factor.
The world has been evolving over the past few years and because of this, the world has seen various new diseases, Covid-19 being one of them. With the emergence of new diseases, it is of utmost importance to prevent these diseases from spreading and risking one’s health. A new, better, and more efficient healthcare system would ensure that these diseases are contained and do not turn out to be hazardous to an individual’s well-being. With the advancement of technology, the country has seen a rather decrease in these diseases. Development integrated with innovation and research has been a major contributor to the decline in mortality rates.
Even though the healthcare system has seen refinement since the 19th century, it still does not change the fact that there is still immense pressure and strain on the current healthcare system of the country. After India achieved independence, the main causes of death displaced from communicable diseases to non-communicable diseases like cancer and cardiovascular diseases. India is the largest country in the world that has the largest tobacco-chewing population and is the second largest population of those who smoke it.
The smoking rate in India was 54.50% in 2000 and 27.20% in 2020. Even though there has been a decline in the smoking rate, over 7 million people die due to direct intake of tobacco and 1.2 million non-smokers die as they are exposed to the smoke, every year. A survey conducted by the Ministry of Health and Family Welfare (MHFW), World Health Organisation (WHO), and Tata Institute of Social Sciences stated that the usage of tobacco is the single leading preventable cause of death worldwide.
The Indian Council of Medical Research released a program, National Cancer Registry in 2020 which stated that 27% of cancer patients are directly linked to the consumption and usage or inhalation of tobacco products. Mental health care was never given priority as it was never talked about and was always shrouded in taboo and stigma. Various experts seek to find answers for a better lifestyle. A healthy living environment and decent medical services are entitled to every citizen of the country. Lack of resources and optimum utilization of the existing resources results in the disparity of health among people. (Laxminarayanan, 2011)
HEALTHCARE LAWS
- The Affordable Care Act (ACA): Also known as Obamacare, this law was enacted in 2010 and aimed to expand access to healthcare for millions of Americans. It includes provisions such as the requirement that individuals have health insurance, the expansion of Medicaid, and the creation of state-based health insurance exchanges.
- HIPAA: The Health Insurance Portability and Accountability Act was enacted in 1996 and sets national standards for the protection of sensitive patient health information.
- Medicare and Medicaid: These are federal programs that provide healthcare coverage to millions of Americans. Medicare covers those over the age of 65 and those with certain disabilities, while Medicaid provides coverage for low-income individuals and families.
- Stark Law: Also known as the Physician Self-Referral Law, this law prohibits physicians from referring patients to entities in which they have a financial interest for certain designated health services.
- Anti-Kickback Statute: This law prohibits the payment of kickbacks or bribes in exchange for referrals for healthcare services or items.
- EMTALA: The Emergency Medical Treatment and Active Labor Act requires hospitals that receive Medicare funding to provide emergency medical treatment to anyone who comes to the emergency department, regardless of their ability to pay.
- Mental Health Parity and Addiction Equity Act: This law requires insurance companies to provide equal coverage for mental health and substance abuse treatment as they do for other medical treatments.
- Food and Drug Administration (FDA) regulations: The FDA regulates the safety and efficacy of drugs, medical devices, and other healthcare products.
Examples of public health care laws
- Disease reporting and control laws: These laws require health care providers to report certain communicable diseases to public health authorities, and give those authorities the power to take steps to control the spread of those diseases.
- Vaccination laws: These laws require individuals to be vaccinated against certain diseases in order to attend school or work in certain professions, and allow for exemptions in certain circumstances.
- Environmental health laws: These laws regulate environmental factors that can impact public health, such as air and water quality, food safety, and hazardous waste disposal.
- Emergency preparedness and response laws: These laws establish procedures for responding to public health emergencies, such as disease outbreaks or natural disasters.
- Health care access and affordability laws: These laws aim to ensure access to essential health care services for all, regardless of ability to pay or other factors. Examples include Medicaid and the Affordable Care Act.
- Public health research laws: These laws regulate the conduct of research involving human subjects, including requirements for informed consent, protection of privacy, and ethical standards.
- Health care workforce laws: These laws regulate the education, licensing, and practice of health care professionals, including physicians, nurses, and other providers.