MPH522 - Public Health Law and Policy, Mod 3 SLP Essay

MPH522 - Public Health Law and Policy, Mod 3 SLP - Essay Example markets to combat waste, fraud, and abuse in health insurance and health care delivery, to promote the use of medical savings accounts, to improve the access to long-term care services and coverage, and to simplify the administration of health insurance (hhs.gov, 2010). This Act is important because prior to this any insurance company could enforce a waiting period when you got insurance through work for what is called a "previous existing condition". This would put many people essentially without insurance for long periods of time, many times up to 18 months. This act forced insurance companies to do away with pre-existing condition rules when the employee moved from one job to another and either was insured or had Cobra, in other words were continuously insured. This one Act allowed many Americans to remain insured even though they changed jobs (hhs.gov, 2010). Another important aspect of this Act is the fact that it made it possible to have medical savings accounts. These accounts allow the average person to have pre-tax money removed from their paychecks and put into a savings account for use on co-pays and non-covered treatments or visits. This prevents the average insurance holder from having huge medical bills add up that they cannot pay. It also helps pay medication bills in the case of those people who do not have separate medication plans. On the State side, there is the radon laws. This is used in many states but not all. It is section 10-220 and falls under the duties of the board of education. It comes from the Environmental Protection Agency and it allows that all schools must test for Radon at least once a year. However, there is also included in this the fact that heating, ventilation and air conditions systems must be checked, the radon levels in water and air, potential for exposure to microbiological airborne particles, including fungi, mold and bacteria. chemical compounds of concern to indoor air quality, volatile organic compounds,

European Human Rights Essay Example | Topics and Well Written Essays - 2000 words - 1

European Human Rights - Essay Example In this respect, this essay will argue that aside from the HRA's failure to properly incorporate the Convention rights; a more crucial failure is the fact that it leaves courts hesitant to apply the legislation due to the vague guidelines given under section 3 of the Act. As previously mentioned, the HRA is meant to give guarantees to the rights and freedoms embodied in the convention. Among its effects, the Act renders it "unlawful for a public authority to act in a way which is incompatible with a Convention right."4 In addition, it also obliges courts to "[s]o far as possible to do so"5, ensure that "primary legislation and subordinate legislation must be read and given effect in a way which is compatible with Convention rights"6 and in instances where it is not possible, to "make a declaration of that incompatibility"7. Since the Act came into effect, however, the HRA's significance in successfully protecting the rights and freedoms embodied in the Convention has been limited by the two aforementioned provisions. First, with regard to the obligation posed on authorities under section 6, case law has exhibited difficulties in determining whether or not the person in question of violating the Convention under the HRA is a 'public authority', aptly defined or not. Under section 6, public authorities are defined as "a court or tribunal" or "any person certain of whose functions are functions of a public nature." 8 In this respect, the definition of public authority is imperative because in cases where violations of human rights occurred, individuals can only be awarded damages against public authorities. As defined by the act, damages refer to "damages for an unlawful act of a public authority".9 The definition of public authority is therefore a crucial aspect of enforcing the law, and applying it in courts. However, difficulty lies in determining whether a person has functions that are of public nature and whether public authorities are operating under private transactions. In the case of Poplar Housing and Regeneration Community Association Ltd v Donoghue [2002] QB 48, 67, a private body was deemed to be performing public functions, and hence liable under section 6 of the Act.10 In this respect, the case was considered a landmark in case law regarding the definition of public authority, because it called for "a generous interpretation of who is a public authority".11 As a result, the definition of the term achieved what Lord Irvine indicated as a need for an extended and "wide-ranging definition of public authority", in order to extend the liabilities under the HRA "to provide as much protection as possible for the rights of the individual against the misuse of power by the state" preserving parliamentary sovereignty.12 However, the changing nature of government functions, as well as the growing partnership between public and private organizations has rendered this already difficult task more complex. In this respect, Lord Nicholls illustrates this in Aston Cantlow v Wallbank [2004] 1 AC 546, stating that: there is no single test of universal application. There cannot be, given the diverse nature of governmental functions and the variety of means by which these functions are discharged today.