Class Notes (838,689)
United States (325,507)
PHP 0310 (32)
Ira Wilson (32)
Lecture 28

PHP 0310 Lecture 28: 04-17- Federal Executive and Bureaucratic Agencies

6 Pages
Unlock Document

Public Health
PHP 0310
Ira Wilson

04-17: Federal Executive and Bureaucratic Agencies Monday, April 17, 2017 11:18 AM The Big Picture  Chain of events o Congress passes laws o Agencies in executive branch are authorized/empowered by those laws to develop regulations that implement those laws o Agencies are authorized to take executive, legislative, and judicial types of actions in the course of implementation  Ex. Developing quality measures for long-term care hospitals o "The Secretary shall…" -very vague o Executive branch fills in the details Legal Basis of Regulatory Power  Process of regulation o Rules issued by agencies are similar to statues even though they are not issued by legislatures o Adjudications have force similar to court rulings even though they aren't issued by judges/courts  Rulemaking process o Legislation: congress passes a law o Proposed rule: agency publishes proposed regulatory language, including justification and analysis o Public comment: public invited to submit comments to federal agency, minimum number of days for public comment varies by agency o Final rule: agency publishes final regulatory language, along with a response to all issues raised during the public comment period  Regulatory power has unique role in US system of laws o Agencies require specialized knowledge, expertise, and resources  Legislation doesn't try to address/resolve technical issues, but creates mechanisms to do so o While leadership positions at federal agencies are federal appointees, staff (with specialized knowledge) remains in place  Limits to regulatory power o 5th Amendment (Bill of Rights): no person shall be deprived of life, liberty, or property, without due process of law o 14th Amendment: forbids states from denying any person the 5th amendment, or to deny equal protection of the laws  Expanded civil rights protections to all Americans  Cited more in litigation than any other amendment  Administrative Procedures Act 1946 o Road map for administrative decision making o Can't be "arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law" The Executive Branch and Healthcare Regulation  HHS (Health and Human Services) duties o Medicare and Medicaid o Medical and social science research o Prevent outbreak of infectious disease, including immunization services o Assuring food and drug safety o Financial assistance and services for low-income families o Improving maternal and infant health o Head Start o Preventing child abuse and domestic violence o Substance abuse treatment and prevention o Services for older Americans o Comprehensive health services for Native Americans  FY2016 President's budget for HHS o $1100b dollars  US HHS spending is in between the 14th and 15th total largest economies in the world o 92% is for mandatory entitlements o Only 8% is discretionary function - subject to political times and changes  CMS (Centers for Medicare and Medicaid Services) o Responsibilities  Administer Medicare: contract with private companies to process and pay claims  Administer Medicaid and CHIP: assigned to state agencies who receive funding support from the federal government  Regulate all laboratory testing on humans o History  1965 Medicare and Medicaid enacted  1972 Medicare extended to those with ESRD  1973 HMO Act passed  1980 Medigap (private plan) brought under federal oversight  1982 quality oversight expanded to include Peer Review Organizations (PROs) --> Quality Improvement Organizations (QIOs) in 1992  1985 EMTALA  1997 Balanced Budget Act created SCHIP  2003 Medicare Prescription Drug, Improvement, and Modernization Act (MMA) created Part D and Medicare Advantage o CMS is 88% of HHS budget  Remember state contributions to Medicaid  Administration 0.9%, Innovation center 0.2%  NIH (National Institutes of Health) o Supports and conducts research into the causes/diagnosis/treatment/control/prevention of diseases  Promotes acquisition and dissemination of medical knowledge to health professionals and the public o History  Began to take shape just before WWII  1937 National Cancer Institute (NCI) formed  First time that Congress funded research for non-communicable
More Less

Related notes for PHP 0310

Log In


Join OneClass

Access over 10 million pages of study
documents for 1.3 million courses.

Sign up

Join to view


By registering, I agree to the Terms and Privacy Policies
Already have an account?
Just a few more details

So we can recommend you notes for your school.

Reset Password

Please enter below the email address you registered with and we will send you a link to reset your password.

Add your courses

Get notes from the top students in your class.