Introduction to Health Law

Author(s):  
Dede Onisoyonivosekume ◽  
Nour Mahrouseh ◽  
Orsolya Varga

In early February of 2020, attention was drawn to the increased number of deaths and the new cases of coronavirus infection. The epicentre of the outbreak was Wuhan in the People’s Republic of China. In order to control the outbreak, Chinese leaders called on the city authorities in Wuhan to set up mass quarantine centres for infected people. The Chinese government took this step to protect the public against infectious disease. This is an example of the conflicts between public health and civil liberties/individual rights. Government authority is the pillar of the public health law. The government retains the power to achieve and maintain common good by restricting – within solid international and national limits – individual rights concerning autonomy, privacy, association, and liberty. Public health agencies have the right to collect, use, and disclose a considerable amount of personal health information and to enforce certain vaccinations, medical examinations, and treatments. In addition to the power to isolate individuals to protect the public against the spread of infectious disease, their powers can be used to control businesses and professions. There are several legal interventions to prevent injury and disease and promote the public’s health. Among these tools are taxing policies, which encourage engaging in beneficial behaviour (fruit consumption) and disincentives to engage in high-risk activities (smoking).

Author(s):  
John A. Bozza

There are few areas of government enterprise where the need to “get it right” is so critical as formulating and executing laws affecting the public health. When the government sets out to exercise its police power 1 to control the spread of disease, its goal is to accomplish an immensely important practical task; and its success is to a great degree  objectively determinable—the spread of disease is either curtailed or not. However, the manner in which the government’s goal is reached reflects not only its pragmatic concerns but also a society’s political, social, and legal values.


2021 ◽  
Vol 8 (3) ◽  
pp. 97-99
Author(s):  
Sheikh Mohd Saleem

Early efforts to vaccinate the Indian population were started on 16th January 2021. With this, a ray of hope came as people again starting their livelihoods, roads looked busy again, playgrounds were again full of children. Everything seems back to normal, while the Government was allowing all other activities with the option to follow the COVID appropriate behavior (CAB) keeping a blind eye to whether or not someone follows it. The immediate consequence of this laxity was that people were not following the CAB in particular, and by the end of January 2021, the situation was back to normal, as if there were no pandemics anywhere. While the rate of vaccination was slowly taking pace, the majority population believed that the vaccination may be necessary later, leading to the vaccine hesitancy. The second wave which started in the last quarter of March 2021 and spreader much faster than the first wave, is believed to be fueled by the additional strains of the coronavirus, as stated by many health experts. New coronavirus strains are thought to be more infectious home ground variants found in 61% of samples of genomes sequenced in many states in India. Even such news was reported by media rapidly, the laxity in the CAB and preventive measures, coupled with the presence of new variants, has resulted in a nationwide crisis. What caught the attention of the globe was despite the ongoing pandemic, the Indian Government allowed State assembly elections in the Eastern part of the country, which could have been delayed at this point. The prime Minster led Government faced this Critic from the opposition while the “Maha Kumbh Mela” organized at Haridwar attended by lacs of devotees who believed to bathe in a ritual river to pure themselves for their mistakes of past was also allowed by the Government. It was reported by media that about 7 million devotees attended the event and 1700 tested positive for covid-19 over 5 days period because no such social distancing measures or masks were used during the Maha Kumbh Mela by the attendees. Most of the public health agencies tried their best to dispel the myths and supported the campaigns associated with covid-19 vaccines but turned a blind eye and acted as a muted spectator for the election rallies and Maha Kumbh Mela. Following COB during election rallies and Maha Kumbh Mela will never go easy hand in hand, so the best is to follow the no man’s rule. What we believe the public health professionals of the country followed in deep agony and pressure. As India is engulfed in the second wave of covid-19, the current situation is deteriorated by the presence of counterfeit drugs, lack of human resources, medical supplies, and equipment. There are unique scientific, technical, and logistic challenges which we face in covid-19, we need to take definite steps for fights against this pandemic.


2020 ◽  
Vol 18 (2) ◽  
pp. 149
Author(s):  
Mohammed Mustapha Namadi

Corruption is pervasive in Nigeria at all levels. Thus, despite recent gains in healthcare provision, the health sector faces numerous corruption related challenges. This study aims at examining areas of corruption in the health sector with specific focus on its types and nature. A sample size of 480 respondents aged 18 years and above was drawn from the eight Metropolitan Local Government Areas of Kano State, using the multistage sampling technique. The results revealed evidence of corrupt practices including those related to unnecessary-absenteeism, diversion of patients from the public health facilities to the private sector, diverting money meant for the purchase of equipment, fuel and diesel, bribery, stealing of medications, fraud, misappropriation of medications and unjustifiable reimbursement claims. In order to resolve the problem of corrupt practices in the healthcare sector, the study recommended the need for enforcement of appropriate code of ethics guiding the conduct of the health professionals, adoption of anti-corruption strategies, and strengthening the government monitoring system to check corruption in public health sector in order to ensure equitable access to healthcare services among the under-privileged people in the society.


Author(s):  
N. Thyagaraju

The present seminar paper mainly highlight  the concept of  water pollution, causes of water pollution,  Its Effects, Elements of  pollutants, Methods  used to prevent the water pollution in environment  and the mandatory initiatives taken by the concerned authorities for prevention of  water pollution. Water   is essential for survival of all living organisms on the earth. Thus for human beings and plants to survive on land, water should be easily accessible. The term “Pollution” is generally refers to addition of any foreign body either living or non – living or deletion of anything that naturally exists. The basic Sources of Water pollution causes due to Culmination into lakes, rivers, ponds, seas, oceans etc. Domestic drainage and sanitary waste, Industrial drainage and sewage, Industrial waste from factories, Dumping of domestic garbage, Immersion of Idols made of plaster of Paris, Excess use of Insecticides , pesticides, fungicides, Chemical fertilizers, Soil erosion during heavy rains and floods, Natural disasters, tsunami etc. General pollutants  which are also caused for water pollution  which include Organic, Inorganic, and Biological entities, Insecticides, Pesticides, Disinfectants ,Detergents, Industrial solvents, Acids, Ammonia fertilizers, heavy metals, Harmful bacteria, Virus, Micro –Organisms and worms, Toxic chemicals. Agricultural lands become infertile and thereby production also drops, Spread of epidemic diseases like Cholera, Dysentery, Typhoid, Diarrhea, Hepatitis, Jaundice etc. The  basic responsibility of the Government, NGOs, National Pioneer scientific Research Institutions may conduct  research oriented programs on control of water pollution by create  awareness among the public through mass media and Environmental Education on recycling units,  and  water treatment plants must be established both at domestic levels and Industry levels, Every citizen must feel responsible to control water pollution. There have been many water pollution prevention acts that have been set up by the governments of the world. But these are not enough for permanent water pollution solutions. Each of us needs to take up the responsibility and do something at an everyday at individual level. Otherwise we can’t survive in a society forever in a future. 


2020 ◽  
Vol 30 (Supplement_5) ◽  
Author(s):  
T Vivas ◽  
M Duarte ◽  
A Pitta ◽  
B Christovam

Abstract Background The government investments in quality primary healthcare are the basis to strengthening the health systems and monitoring the public expenditure in this area is a way to assess the effectiveness and efficiency of the public health policies. The Brazil Ministry of Health changed, in 2017, the method of onlending federal resources to states and cities seeking to make the public funds management more flexible. This change, however, suppressed mandatory investments in primary healthcare. This research aims to determine the difference of expenditures on primary healthcare in Salvador, Bahia, Brazil metropolitan area before and after this funding reform, seeking to verify how it can impact the quality of primary healthcare services and programs. Methods This is an ecological time-series study that used data obtained in the Brazil Ministry of Health budget reports. The median and interquartile range of expenditures on primary healthcare (set as the percentage of total public health budget applied in primary care services and programs) of the 13 cities in the Salvador metropolitan area were compared two years before and after the reform. Results The median of expenditures on primary healthcare in Salvador metropolitan area was 25.5% (13,9% - 32,2%) of total public health budget before and 24.8% (20.8% - 30.0%) of total public health budget after the reform (-0.7% difference). Seven cities decreased the expenditures on primary healthcare after the reform, ranging from 1.2% to 10.8% reduction in the primary healthcare budget in five years. Conclusions Expenditures on primary healthcare in Salvador metropolitan area decreased after the 2017 funding reform. Seven of 13 cities reduced the government investments on primary healthcare services and programs in this scenario. Although the overall difference was -0.7%, the budget cuts ranged from 1.2% to 10.8% in the analyzed period and sample. More studies should assess these events in wide areas and with long time ranges. Key messages Public health funding models can impact the primary healthcare settings regardless of the health policy. Reforms in the funding models should consider the possible benefits before implementation. Funding models and methods that require mandatory investments in primary healthcare may be considered over more flexible ones.


Author(s):  
Gregory Gutin ◽  
Tomohiro Hirano ◽  
Sung-Ha Hwang ◽  
Philip R. Neary ◽  
Alexis Akira Toda

AbstractHow does social distancing affect the reach of an epidemic in social networks? We present Monte Carlo simulation results of a susceptible–infected–removed with social distancing model. The key feature of the model is that individuals are limited in the number of acquaintances that they can interact with, thereby constraining disease transmission to an infectious subnetwork of the original social network. While increased social distancing typically reduces the spread of an infectious disease, the magnitude varies greatly depending on the topology of the network, indicating the need for policies that are network dependent. Our results also reveal the importance of coordinating policies at the ‘global’ level. In particular, the public health benefits from social distancing to a group (e.g. a country) may be completely undone if that group maintains connections with outside groups that are not following suit.


2021 ◽  
Vol 7 (1) ◽  
pp. 139-161
Author(s):  
Steven Suprantio

The business world everywhere including those in Indonesia cannot but felt the brunt of economic slowdown caused by the public health emergency (the COVID 19 pandemic). Quite a few national and local businesses have had to close their operation and lay off all its employees. Although the consensus between the government, workers (individuals and unions) as well as employers is to prevent and avoid termination of employment at all costs, the Law No. 11 of 2020, re. Job Creation allows massive dismissal of employees due to economic necessity or state of emergency. This article shall critically examine how the prevailing law, Law No. 11 of 2020 re. Job Creation regulates termination of employment in case of state of emergency.  


Author(s):  
Judith Watkins

The dispersal of anthrax spores in October 2001 showed Americans that they are vulnerable to bioterrorism. The ineffective response to bioterrorism demonstrates that public health agencies do not have plans or training exercises in place to deal with this emerging threat. Although the CDC asked that the Model State Emergency Health Powers Act (MSEHPA or Model Act) be drafted to prepare the states for these emerging risks, critics like George Annas assert that the acts are “blatantly unconstitutional” (MSEHPA,2005,p.1). In this paper, I intend to explore the conflict between individual rights and sweeping powers of public health agencies as described by the Model State Emergency Health Powers Act.


2021 ◽  
Vol ahead-of-print (ahead-of-print) ◽  
Author(s):  
Stefano Landi ◽  
Antonio Costantini ◽  
Marco Fasan ◽  
Michele Bonazzi

PurposeThe purpose of this exploratory study is to investigate why and how public health agencies employed social media during coronavirus disease 2019 (COVID-19) outbreak to foster public engagement and dialogic accounting.Design/methodology/approachThe authors analysed the official Facebook pages of the leading public agencies for health crisis in Italy, United Kingdom and New Zealand and they collected data on the number of posts, popularity, commitment and followers before and during the outbreak. The authors also performed a content analysis to identify the topics covered by the posts.FindingsEmpirical results suggest that social media has been extensively used as a public engagement tool in all three countries under analysis but – because of legitimacy threats and resource scarcity – it has also been used as a dialogic accounting tool only in New Zealand. Findings suggest that fake news developed more extensively in contexts where the public body did not foster dialogic accounting.Practical implicationsPublic agencies may be interested in knowing the pros and cons of using social media as a public engagement and dialogic accounting tool. They may also leverage on dialogic accounting to limit fake news.Originality/valueThis study is one of the first to look at the nature and role of social media as an accountability tool during public health crises. In many contexts, COVID-19 forced for the first time public health agencies to heavily engage with the public and to develop new skills, so this study paves the way for numerous future research ideas.


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