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Populations and the Law: The Changing Scope of Health Policy

Published online by Cambridge University Press:  01 January 2021

Extract

Changes in the scope of health policy in the United States are creating opportunities and obligations for lawmakers and the lawyers who advise them. These changes are the result of a new politics of policy for the health of populations. The new politics is connecting areas of policy that, because they have had separate histories, are governed by distinct, usually uncoordinated laws and regulations.

The subject of the new politics of health policy is what the Iowa Senate President, speaking in a plenary at the 2003 conference on Public Health Law in the 21st Century, called the “quality of life, what the people think is important.” An increasing number of leaders in general govemment–people who run for office and their staff–have practical reasons to make policy that acknowledges the expanding scope of what their constituents define as health policy.

Type
Commentary
Copyright
Copyright © American Society of Law, Medicine and Ethics 2003

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References

Mary Kramer, remarks during plenary session “From Public Health to Population Health: How Law Can Redefine the Playing Field,” Centers for Disease Control and Prevention Public Health Law Conference (June 2003). Forthcoming, supplementary issue, Journal of Law, Medicine and Ethics.Google Scholar
Fox, D.M., Power and Illness: The Failure and Future of American Health Policy (Berkeley: University of California Press, 1993 and 1995): 113141. In this chapter I describe the concepts that I now characterize with the phrase general government and give sources for them. More important, this chapter has been read by a number of persons in general government who have told me that I accurately described how they think and act.Google Scholar
For reviews of sources on the determinants of health see Porter, D., Health, Civilization and the State: A History of Public Health from Ancient to Modern Times (London and New York: Routledge, 1999); and Riley, J.C., Rising Life Expectancy: A Global History (Cambridge, UK and New York: Cambridge University Press, 2001).Google Scholar
For the UK, Oakley, A., Man and Wife: Richard and Kay Titmuss; My Parents’ Early Years (London: HarperCollins, 1996). For the left interpretation of the data in the US as an exemplary source is McKinlay, J.B. McKinlay, S.M., “The Questionable Contribution of Medical Measures to the Decline of Mortality in the United States in the Twentieth Century,” The Milbank Memorial Fund Quarterly/Health and Society, 55 (1977): 405428.Google Scholar
Johansson, S.R., “Food for Thought: Rhetoric and Reality in Modern Mortality History,” Historical Methods, 27 (1994): 101125; Szreter, S., “Rethinking McKeown: The Relationship Between Public Health and Social Change,” American Journal of Public Health, 92 (2002): 722–725.CrossRefGoogle Scholar
Szreter, S., “The Importance of Social Intervention in Britain's Mortality Decline, c. 1830–1914: A Reinterpretation of the Role of Public Health,” Social History of Medicine, 1 (1988): 137; Hardy, Anne, The Epidemic Streets: Infectious Disease and the Rise of Preventive Medicine, 1856–1900 (Oxford: Oxford University Press, 1993). For other citations see Riley, , supra note 3, 58–80.Google Scholar
Fox, D.M. Jackson, R.J. Barondess, J.A., “Health and the Built Environment; Evans, G.W., “The Built Environment and Mental Health;” Northridge, M.E. Sclar, E. D. Biswas, P., “Sorting Out the Connections Between the Build Environment and Health: A Conceptual Framework for Navigating Pathways and Planning Healthy Cities”; Diez Roux, A.V., “Residential Environments and Cardiovascular Risk”; Savitch, H.V., “How Urban Sprawl Shapes the Human Being,” Journal of Urban Health/Bulletin of the New York Academy of Medicine, 80 (2003): In press.Google Scholar
Bunker, J.P. Frazier, H.S. Mosteller, F., “Improving Health: Measuring Effects of Medical Care,” The Milbank Quarterly, 72 (1994): 225258; Evans, R. Barer, M. Marmor, T.R., Why are Some People Healthy and Others Not? (New York: Aldine De Gruyter, 1994); Kindig, D.A., Purchasing Population Health: Paying for Results (Ann Arbor: University of Michigan Press, 1997).Google Scholar
Szreter, S., “Economic Growth, Disruption, Disease and Death: On the Importance of the Politics of Public Health,” Population and Development Review. 23 (1997): 693728; Szreter, S. Mooney, G., “Urbanization, Mortality and the Standard of Living Debate,” Economic History Review, 50 (1998): 84–112.CrossRefGoogle Scholar
Mesle, F. Vallin, J. Shkolnikov, V., “Reversal of Mortality Decline: The Case of Contemporary Russia,” World Statistics Quarterly, 51 (2000): 191206; McKee, M. Shkolnikov, V., “Understanding the Toll of Premature Death Among Men in Eastern Europe,” British Medical Journal, 323 (2001): 1051–1054.Google Scholar
Daly, Jeanne, Evidence-Based Medicine and the Search for a Science of Clinical Care (Berkeley: Milbank Memorial Fund and the University of California Press): In press.Google Scholar
Chalmers, I. Hedges, L.V. Cooper, H., “A Brief History of Research Synthesis,” Evaluation and the Health Professions, 25 (2002): 1237; Hunt, Morton, How Science Takes Stock The Story of Meta-Analysis (New York: Russell Sage Foundation, 1997).Google Scholar
Cleary, P.D. Fox, D.M., eds. “Effective Care in Pregnancy and Childbirth,” The Milbank Quarterly, 71 (1993): 401532.Google Scholar
U.S/U.K. Purchasers Group, Better Information, Better Outcomes? The Use of Health Technology Assessment and Clinical Effectiveness Data in Health Care Purchasing Decisions in the United Kingdom and the United States (New York: Milbank Memorial Fund, 2000): Kindig, D.A., ed., Value Purchasers in Health Care: Seven Case Studies (New York: Milbank Memorial Fund, 2001).Google Scholar
The Reforming States Group, “State Initiatives On Prescription Drugs: Creating a More Functional Market,” Health Affairs, 22 (2003): 128136; Fox, D.M. Oxman, A., eds, Informing Judgment: Case Studies of Health Policy and Research in Six Countries (New York, Milbank Memorial Fund and the Cochrane Collaboration, 2001).Google Scholar
McDonough, John E., Proactive Hazard Analysis and Health Care Policy (New York: Milbank Memorial Fund and ECRI, 2002): Taylor, M.R. Glavin, M. O’K. Morris, J.G. Jr. Woteki, C.E., Food Safety Updated: Developing Tools for a More Science-and-Risk Based Approach (New York: Milbank Memorial Fund and Resources for the Future, 2003).Google Scholar
West, J., ed., “The Americans with Disabilities Act: From Policy to Practice,” The Milbank Quarterly, 69 (1991): viixxxi, 3360.Google Scholar
Zola, I.K., “Toward the Necessary Universalizing of a Disability Policy,” The Milbank Quarterly, 67, Supplement (1989): 401428.CrossRefGoogle Scholar
West, J., ed., Implementing the Americans with Disabilities Act (Cambridge, MA: Blackwell Publishers and the Milbank Memorial Fund, 1996).Google Scholar
Olmstead v. L.C., (98–536) 527US 581C 1999.Google Scholar
Brundage, A., The English Poor Laws, 1700–1930 (Houndmills, Basingstroke, Hampshire, UK: Palgrave, 2002): 9698, 147; Lees, L.H., The Solidarity of Strangers: The English Poor Laws and the People, 1700–1948 (Cambridge, UK, Cambridge University Press, 1998): 278; Szreter, Simon, “Health, Economy, State and Society in Modem Britain: The Long-Run Perspective,” unpublished manuscript, July 2003.CrossRefGoogle Scholar
VanDerhei, J.C. Copland, C. “Can America Afford Tomorrow’s Retirees: Results From the EBRI-ERF Retirement Security Projection Model,” EBRI Issue Brief no. 263, November 2003 (Washington, DC: Employee Benefit Retirement Institute); VanDerhei, J.C. Copland, C., “Kansas Future Retirement Income Assessment Project,” Third Draft, July 16, 2002, and “Massachusetts Future Retirement Income Assessment Project,” Third Draft, December 1, 2002, available at <www.ebri.org>.Google Scholar
See Letter from T.G. Thompson to Governors, January 31, 2002, accompanying HHS News, “HHS Announces $1.1 Billion in Funding to States For Bioterrorism Preparedness,” January 31, 2002, available at <www.hhs.gov/news/press/2002/pres/20020131b.html>..>Google Scholar
Colmers, J.M. Fox, D.M., “The Politics of Emergency Health Powers and the Isolation of Public Health,” American Journal of Public Health, 93 (2003): 397399.CrossRefGoogle Scholar
National Association of State Budget Officers and the Reforming States Group, 2000–2001 State Health Care Expenditure Report (New York: Milbank Memorial Fund, National Association of State Budget Officers, the Reforming States Group, 2003).Google Scholar
Fox, D.M. Fronstin, P., “Public Spending for Health Care Approaches 60 Percent,” Health Affairs, 19 (2000): 271274.CrossRefGoogle Scholar
Gostin, L., Public Health Law: Power Duty and Restraint (Berkeley: University of California Press and the Milbank Memorial Fund, 2000): 21: “The Definition of public health law I have proposed and defended does not depict the field of public health law narrowly as a complex set of technical rules buried within state health codes. Rather, public health law should be seen broadly as the authority and responsibility of government to assure the conditions for the population's health(emphasis added).” [DMF italics]Google Scholar