Week 6 Discussion: healthcare legislation
Complete your week 6 required discussion prompts.
+The process of enacting legislation is a way of effecting change. Conduct research this week on a piece of healthcare legislation that has been either presented or passed in the last five years: Write a summary of the new laws (or proposed laws) and how they progressed through the legal system. Did they experience any setbacks, or did they progress through the system as expected? If they experienced delays, why do you think these delays occurred?
Recent healthcare legislation
Introduction:
Laws or legislations are made to make people in society understand their acceptable and unacceptable behaviors. According to the world health organization, there are some rules applied to carry forward the responsibilities and rights of all companies, health workers, the country’s population, governments, and civil society. All of these rules and regulations are compiled to make the backbone of legal health architecture. Creating a drive for action is the goal of universal health coverage. Based on legal rules that have guided the organization’s work, the organizations have applied strategies and policies. Health system functions are being carried out and health products, as well as services, are being delivered by the interaction between different health laws.
Discussion:
New laws and their progression through the legal system:
The five new laws that have been applied recently are State medical cannabis law, State laws and legislation related to biological medication, legislative oversight of emergency executive power, Immigrant eligibility for health care programs in the united states, and State policies on Sex education in school. Here details about two recent laws are discussed:
State medical cannabis law:
The state cannabis law is proposed on May 18th,2021. According to this law, The use of cannabis products in medical is approved in thirty-six states and four territories. On February 27th, 2021, The legislation was passed by The Virginia General Assembly, and the Governor’s amendments were passed on 7th April 2021. Same as on March 31st the legislation was passed by the New Mexico Legislature and the Governor’s signature on it was done on 12th April 2021. Finally the cation These actions bought eighteen states and two territories with the adult usage of regulated cannabis. After that total of thirty-six states have approved publicly available, comprehensive cannabis programs (ncsl.org, 2019).
Problems passing through the legal system:
However, in November 2020, the ballot initiative passed by the voters of Mississippi to allow the medical use of cannabis is overturned by the state supreme court. Also, South Dakota Circuit Judge Christina Klinger states that the measure to regulate cannabis for non-medical use was unconstitutional. Some forms of registry for the patients have to be done for the states which are the medical cannabis law. This registry will protect against arrest for the consumption of a certain amount of cannabis for medicinal use.
State laws and legislation related to biological medication:
Every state has regulated brand name usage and drugs with a generic prescription through agencies, board rules, and statutes. The brand name counterpart is identical to those of the active ingredient for the generic drugs. The complexity of biological medicines is much more than chemically synthesized drugs because they are difficult to replicate. Recently there is a misapplication regarding the usage of the statutes of old generic drugs to new nonidentical products. Therefore an amendment law is produced for addressing the physical and chemical characteristics of biologics and their future biosimilars. At least forty-nine states have accepted the state standard legislation about the replacement of biologic original products with “biosimilar” prescription products. At first, eight states enacted the first round of the law in 2013-14. Then seventeen more states signed in the law in 2015-16. Nineteen more states signed in the law between 2017 to 2018. Some features are included in the State Legislation of 2013-18, those are prescriber decisions, FDA approval, web list, immunity check, patient notification, cost, and pricing (ncsl.org, 2021).
Problem passing through the legal system:
Besides all the success there are ethical questions about the impact of this federal law on terminally ill Americans. According to a policy analyst, the legislation will gain little effect on patients, and in the future, it will be hard to get approval for new drugs. The state law in the regulation of biologic and biosimilar medications is opposed by some stakeholders of health policy.
References:
ncsl.org(2021), state-laws-and-legislation-related-to-biologic-medications-and-substitution-of-biosimilars, Retrieved from: https://www.ncsl.org/research/health/state-laws-and-legislation-related-to-biologic-medications-and-substitution-of-biosimilars.aspx [Retrieved on: 7th December,2021]
ncsl.org(2019), state-medical-marijuana-laws, Retrieved from: https://www.ncsl.org/research/health/state-medical-marijuana-laws.aspx [ Retrieved on:7th December 2021]