Health Law Research Paper

Over forty million Americans are disabled, whether it is a physical, sensory, cognitive, or mental disability. Section 504 of the Rehabilitation Act was signed into law in 1973. This law states that no handicapped individual shall be disqualified from partaking, be denied benefits of, or be subjected to discrimination under any program receiving federal financial assistance. The foundation of the Section 504 is from the language of preceding civil rights laws that sheltered women and minorities. Section recognizes that history proves that humanity has treated people with disabilities as second-class citizens based on previous stereotypes. These types of attitudes have translated into policies based on paternalism. Section has acknowledged

Federal policy has attempted to address the issue of discrimination in housing choice with the enactment of the Fair Housing Act (United States Department of Housing and Urban Development, 2010). In fact, “in 1988, the Fair Housing Act expanded protection to include persons with mental and physical disabilities” (Ziaja, 2002, p. 313) in an effort to thwart discrimination in housing choice for disabled individuals. Ziaja (2002) noted that the enactment of the Fair Housing legislation has led to other federal policies dedicated to ensuring the rights of disabled individuals, such as the Americans with Disabilities Act (ADA); however, disabled adults continue to experience discrimination in housing

Individuals with disability have had a long history of maltreatment in America. From being thought of as possessed individuals in need of exorcism, targeted for heinous experiments, unknowingly sterilized, being labeled imbecile, feeble minded, and retarded, to being shipped off to state schools or mental asylums, those with disabilities were given no consideration as a valuable and able to contribute member of society. In a speech to congress, Frank Bowe, a highly educated deaf-man highlighted this claim by stating, “we are not even second-class citizens, we are third-class citizens” (Bowe, F. 1977--need citation), and Jim Cherry (2001) furthered the ideal in his words, that prior to “1970 we [disabled citizens] had no right to education, to employment, to transportation, to housing, or to voting. There were no civil rights laws for us, no federal advocacy grants. Few people looked beyond our medical needs” (Cherry, J.L, 2001 http://www.raggededgemagazine.com/0701/0701cov.htm). Section 504 of the Rehabilitation Act of 1973 attempted to fundamentally change how disabled people were reguarded.

Medicare and Medicaid, created by the Social Security Amendment Act 1965, added Title XVIII and XIX to the Social Security Act. President Lyndon B Johnson was responsible for bringing about this change. Social Security Program started during the Great Depression of 1930s because of the stock market crash and bank failure, which wiped away the retirement savings of the Americans. Poverty rate among senior citizen exceeded 50% during this time. Social Security Act was created in an attempt to limit the five dangers of modern American Society. The Social Security Act was

Before the passage of the Americans Americans with Disabilities Act, disabled people were not viewed as equals or treated with the same dignity as someone who was

The debate over the relevance of government funding for veterans with prosthetics within low income families has been brought up once again. According to the Journal of Rehabilitation Research & Development, in the past year there have been thousands of veterans that have died while waiting for proper treatment for their injuries. Each of these cases involved prolonged suffering of the veteran due to error in the VA system. Furthermore, it begs the question of the actual effectiveness of government funding put towards veteran benefits.

|Expanded Coverage for young adults |Employers are required to cover dependents up to|Insured population will increase as well as |

What action should President Obama take to attenuate the problem of drug abuse among expecting mothers during pregnancy?

According to www.congress.gov (2013) Bill S.1879 Cancer Treatment Parity Act 2013 sponsored by Sen. Alan Franken and Sen. Mark Kirk: “ Amends the Employee Retirement Income Security Act of 1974 (ERISA), the Public Health Service Act, and the Internal Revenue Code to require a group or individual health plan providing benefits with respect to anticancer medications administered by a health care provider to provide no less favorable coverage for prescribed, patient-administered anticancer medications used to kill, slow, or prevent the growth of cancerous cells and that have been approved by the Food and Drug Administration (FDA)”.

Fundamental rights for patients or residents found under the Minnesota Statutes under the Health Care Bill of Rights include some of the following:

The face of healthcare has been changing over the last decade. The role of nurse practitioners has become ever more important. This paper conducts a policy analysis as a systematic investigation of alternative policy options, for the emerging nationalized healthcare plan and the increased use of nurse practitioners. It looks at the goals of nationalized healthcare 's use of nurse practitioners and discusses to what extent this policy meets these goals. This paper begins with a detailing of the problem addressed by the policy and the goals and objectives of nationalized healthcare 's increased use of nurse practitioners. Next, alternatives to meeting the increased needs of the health industry,

In the 1940's and 1950's, one of the first rights-predicated organisations was set up due to a wide range of injuries and disabilities which were a result of World War Two. The Federal Regime provided return soldiers with financial emolument and vocational rehabilitation. This action sparked the establishment of a number of both regime funded and eleemosynary programs that fixated on rehabilitation rather than institutionalisation. Research into disabilities provided people with information about the correct types of treatments for different patients. In 1975 the UN Declaration on the Rights of Incapacitated People was passed and by 1996 the Human Rights and Equal Opportunity Discrimination Act, the Incapacitation Accommodations Act, the Incapacitation Discrimination Act and the Nation Incapacitation Advisory Council were established.

All they want is to take part of society as a normal individual. The disability-movement has fought for the disabilities rights throughout the years and has achieved goals such as accommodation of architectural infrastructures to serve better people who are physical impairments. The public policies have been great accomplishments because it has helped people with disabilities to be part of society. The disability-movement points out the healthcare finance policies have taken freedom away from the disability community, “ Health-care financing policies force disabled people into Institutions and nursing homes rather than funding independent living. Income-maintenance and public health-insurance policies include “disincentives” that penalize disabled individuals for trying to work productively.”(p.4). The government has done a great job on protecting disabled individuals’ rights. However, the health-care system has isolated this group even more by restricting the level of productivity that they have within the system, as a result this medical model marginalizes this group of people and this program available for this community does not fully address their issues.

The recent case of Katie Thorpe who is 15, whose mother Alison Thorpe trusts that she should be granted a hysterectomy, as she has severe cerebral palsy and the mental capacity of an eighteen-month-old child. This has stirred the discussion over who should decide the sterilisation of mentally incompetent adults should be. Katie’s mother claims that a hysterectomy is in the best interests of Katie because she merely would not manage to handle the ‘aching, distress and embarrassment’ encompassed in menstruation. There are many cases in relation to this issue, however there is no instruction for when a parent is allowed to make that choice.

Health care lawyers must interpret the complex statutes and regulations surrounding the health care industry. Each lawyer will help advise hospital administrators on licensing, reimbursement, malpractice litigation, and all other matters involving health care law. They must also counsel the hospital’s providers on a variety of issues and ensure the hospital’s compliance with Medicaid, Medicare, and patient privacy laws. An entry level health care lawyer must be licensed attorneys with a Juris Doctor from an accredited program and must have passed the state bar exam. It is important that health care lawyers possess strong research and writing skills. Lawyers must also have a highly analytical mindset and must constantly assess possible