Health Politics What Is the Role of Term Paper

Excerpt from Term Paper :

Health Politics

"What is the role of Congress in policy making process"?

Policy is a plan to identify goal or possible course of actions with administrative or management tools to accomplish these goals. On the other hand, policy is the authoritative decision made by the U.S. executive, legislative, judicial branch of government to influence the decision of others. Government is a key player in decision-making process and congress plays important roles in decision-making . In the United States, both House of Representatives and House of Senate fulfill the congressional policy responsibilities, and congress plays important role in health policy, which includes obesity prevention measures or health insurance program. Congress is an important arm of government that makes law. Important strategy that congress uses to make policy preference is by passing a bill into law. Typically, the congress could make a decision to pass or not to the policy of the president into law by using the two-third majority vote. For example, congress may make a policy through the two-third majority vote to increase or decrease the federal government budget on health.

"Difference between Mandatory and Discretionary Spending"

Mandatory spending is the spending category that congress must approve, and which is already written into law. For example spending on Social Security is an example of mandatory spending program calculated based on the number of beneficiaries. On the other hand, discretionary spending is a spending decision based on an appropriation act where the spending decision is made on annual basis. Examples of discretionary spending include defense and non-defense, which include spending on research program for the National Institutes of Health. This type of spending could increase or decrease annually based on the government discretion.

"Primary Power/tools of the President"

The United States constitution provides some implicit and explicit power to the president. The U.S. president is the commander in chief of the armed forces. The president could call upon the armed formed based on his direction to implement national or international military assignments. Moreover, the president has the power of veto that could be used to override the decision of congress. Before congress could pass a bill into law, the president must sign the bill, and the president could use his veto power to override the decision of the congress. Moreover, the U.S. president could use his authority to reorganize executive branch of government and alter executive and administrative branch of government.

"Interests Group and their Roles in the Policy making Process"

Interest groups are group of people lobbying to influence the government decisions. The role of interest group in the policy making process is by sponsoring individual through their votes into the House of Representatives. Through their influence in the house, the interest group could pass a bill into law. Additionally, interest groups could elect or re-elect a public official. Interest group could also initiate a grassroots campaign to align public sentiments. More importantly, interest group can use money to lobby in the house to make their policy become law. (Zuckert, 2002).

2. "Concept of a Legal Right"

Legal rights are the rights written in the constitution, which are legally guaranteed for a legal entity. In the United States, legal rights are bestowed on individual through the U.S. legal system, and the sources of these rights may be through statutory, contractual, customary and personal law. Some of the legal rights include right to life, and property right. However, all the rights recognized by law are enforceable; for example, the right to vote is a legal right. The source of legal rights could come from statutes, custom, laws or action of legislature.

3. "Key Element of the various Concept of Primary Law"

Primary law is the United States legal system sourced from the federal law, state and administrative law. The key elements of primary law are statues, case and adjudications. Statues are found in the U.S. constitution and laws enacted by the U.S. legislature. Typically, statutes are published in several formats, which include statutory codes, session laws, and annotated codes. Cases are the other key elements of primary law, and cases are written decision issued by courts, which is often referred as judicial decision or judicial opinion. Typically, cases complied in prints are called reports and case law are available in individual court. For example, New York Court of Appeal provides access to court decisions. Case law is the largest body of law in the United States and is the basis of contract law, tort law, agency Law and property law. Case laws are binding on subsequent cases because they are decisions from federal and state courts. The case laws are often referred as common law because judges are not making laws.

Administrative law is other key element of primary law, and an administrative law is the law regulating to an area of conduct. For example, the Federal Food and Drug Administration are created by statute to regulate the drug safety, which pharmaceutical companies should follow with regard to drug testing and reporting. Typically, the federal government agencies may also carry out the role of enforcing the rules, laws and regulations.

4. "Separation of Power Doctrine"

Separation of power is a political doctrine originated from Montesquieu stating that there should be a separation of power among the three branches of government-legislative, executive and judiciary. Montesquieu argued that not all powers should be entrenched in only one branch of government because of the possible abuse of power. Each branch of government should serve as a watchdog on other branch of government, where each branch of government should serve as checks to other branch of government. The doctrine of separation of power influences the writing of the U.S. constitution. Under the United States constitution, the executive branch of government is separated from the legislative branch of government where both legislative and executive is separated from the judiciary. Each branch of government does not have a sole responsibility of making law, implement the law and interpret the law. The function of the legislative is to make law while the responsibility of executive is to implement the law and the judiciary interprets the law.

5. "Three Specific Roles of Judiciary branch of Government"

Specific roles of Judiciary branch of government is to:

interpret the law, act as a check on both legislative and executive branch of government, and Hearing civil cases and punishes lawbreakers.

The judiciary interprets the law challenged by executive or legislative and provides the real meaning of this law. The interpretation of law is very critical in the United States politics because it assists in settling grievance between the executive and legislative branch of government. When carrying out their functions, there could be a conflict between executive and legislative branch of government. It is the responsibility of judiciary to interpret the law. The judiciary also serves as checks on legislative and judiciary so that each branch of government does not misuse the power. The doctrine of check and balance is very important in the U.S. government because it prevents monopoly of power. Thus, the judiciary could declare the action of executive or legislative null and void.

6."Premium, Deductable and Cost Sharing in Health Insurance Plan"

Premium is the amount paid to purchase health plan. In other word, a health premium is payment that an individual pays to purchase an insurance healthcare. However, there could a discount for a premium if the payment is paid in a lump sum for the entire year. In the United States, the HIPP (Health Insurance Premium Payment) is the healthcare premium used to assist people to get Medicaid, and HIPP is used to assist people to get healthcare insurance. Government could also assist people to subsidize the monthly premium payment such as Medicare. On the other hand, deductible is the amount an individual needs to pay out of pocket before the plan starts to pay. Cost sharing is the type of healthcare insurance plan where the health plan costs are shared between employee and employers. Employer may pay part of premium contribution, where the remainders are deducted from employees' paychecks.

7. "Relations of Moral Hazard to Health Insurance"

Moral hazard is the case of information asymmetry where one party in a transaction has more information than other party. In a health insurance plan, it is generally argued that Health Insurance Companies are generally insulated from the risks because they have more information about the negative consequence and risks associated with the health insurance, which they do not disclose to other party before signing the contract transactions. To lodge a party into signing an agreement, an insurance company may provide a more elaborate medical service, which otherwise is not necessary. On the other hand, moral hazard could occur after the party has signed the agreement. For example, an insured party could behave in a risky way resulting in a more negative consequence. (Holmstrom, 1979). For example, after an insured person has purchased a health insurance, he may be less careful about driving his car thereby provoking an accident. (Dewan,…

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