Question

The role of the U.S. court system has become increasingly important over the year for healthcare leaders. In this assignment, you will explore the critical points at which the U.S. courts may serve as a referee and the role of the federal and state courts impact healthcare policy.​

Outline at least 4 areas of disputes requiring the courts to act as referees,

Answer 1

The influence of Judiciary or the court system in health policies is from the initial era and is expanding to the new limits. For several decades the judiciary system was involved in a very few specific health policies such as medical malpractice or assuring the human treatment of the patients is state hospitals. However, in recent decades, the role of court has been expanding into other areas of the health policy and the policy making bodies.

There are various reasons for the expanding role for the judiciary system in the health policy which includes the inability of the legislative or the executive branches of the US government to develop the concert or explicit policies, growing health care segment, the nation’s resource devoted to the health care, the recent increase in litigious nature of society and many more such conditions.

These are the few examples of the US Court decisions taken in the healthcare segment:

1. Patient protection and affordable care act: In 2010, the congress enacted this act to increase the number of Americans to be covered by health insurance and there should be decrease in cost of health care. The key provision was this individual mandate which requires the Americans to maintain a minimum health insurance coverage. For the individuals who are not exempted or do not receive a health insurance through the employer or the government programs requires the individual to purchase insurance from a private company. As per act, by the beginning of 2014, those who are not complying with the mandate must have to share the responsibility payment to the federal government or they will be liable to pay the penalty to the internal revenue services with an individual’s taxes and shall be considered in same manner as tax penalty.
2. Healthcare for prisoner: the US court established the basic right to the health care to the prisoner. This right was as per the 8^th Amendment against the cruel and unusual punishment.
3. Statutory law: As per Statutory law, the broad right of the healthcare was provided to the elderly, disabled, living in poverty and children by establishing Midicaid, CHIP or Medicare system.
4. The supreme court decision on King v. Burwel case: the court’s opinion on King v. Burwel was validating the subsides provided on the federal health insurance exchange that lends a clear support to the right to health care. The court recognized the grievance can occur with the loss of subsides that could create severe instability in the insurance market.