Public health law PHAM 622 Please give answers soon .I have no more time .

QUESTION 16

1. Instructions: There are three Jeopardy categories, each with five questions (or, answers in Jeopardy speak!) that are worth 1 point each. Answer all fifteen questions for a maximum possible point total of 15 points.

Category - Federal Statutes

(1) Enacted in 1986 in response to patient dumping, this federal statute requires hospitals to treat and stabilize any patient who presents with an emergency condition regardless of the patient's ability to pay.

What is____________________________?

(2) Enacted in 2005, this federal statute authorizes the Secretary of HHS to extend immunity from tort liability to qualified persons who make, prescribe, administer or dispense approved countermeasures used in response to a public health emergency.

What is___________________________?

(3) Enacted in 1974, this federal statute is intended to protect the beneficiaries of employer-sponsored benefit plans. It is broadly preemptive and prevents states from passing laws that substantially impact employer-sponsored health plans.

What is__________________________?

(4) This federal statute was enacted in 2009 in response to two Supreme Court decisions. In one of the decisions,Lorillard v. Reilly, the Supreme Court had struck down Massachusetts laws regulating where and how cigarettes could be advertised finding that they were preempted by FCLAA. And in the other,FDA v. Brown & Williamson, it had struck down rules passed by the FDA that attempted to regulate the marketing of cigarettes finding no authority for their enactment in the FDCA. This law amended FCLAA to let states regulate the "time, place and manner" of cigarette advertisements and it amended the FDCA to authorize the FDA to regulate cigarettes.

What is________________________?

(5) Enacted in 2003, this federal law created a voluntary prescription drug coverage entitlement program, known as Part D, for Medicare enrollees.

What is ________________________?

Category - Supreme Court Cases

(1) If there is one court decision that an MPH candidate should know, it is this one. In 1905, the Supreme Court held that the police power reserved to the states includes the power to restrict personal liberty when necessary to protect public health.

What is ________________________?

(2) When deciding this case, the Supreme Court ruled that the State of New York could require that prescription information be reported to the state's Department of Health and kept in an electronic registry. But it intimated that a constitutional right of privacy exists and that health departments have a duty to safeguard the sensitive information about people that they collect.

What is_______________________?

(3) Construing the Second Amendment, the Supreme Court, in a 5-4 decision, held that the right to bear arms confers an individual right to keep a handgun in one's house for purposes of self-defense.

What is________________________?

(4) The Constitution's Fourth Amendment protects us from unreasonable searches and seizures by the government. Although usually thought of as a constitutional protection that exists in criminal proceedings, the Supreme Court held in this case that it also applies to administrative searches conducted by health inspectors.

What is_______________________?

(5) In 1990, the Supreme Court found in this case that the Constitution protects the right of a competent person to refuse medical treatment in this case. (While nonetheless recognizing this right, the Court ruled against the petitioners in the case because there was no evidence that their daughter had made her wishes clear prior to becoming incompetent.)

What is____________________________?

Category - U. S. Constitution

(1) The first eight amendments to the Constitution are known as the Bill of Rights and limit the power of the federal government by affirmatively granting freedoms to all of us that it must respect. This subsequent amendment applies to the states and selectively incorporates freedoms from the bill of rights that their governments cannot violate.

What is_____________________________?

(2) Article 1 of the Constitution establishes the legislative branch of the federal government. This clause, found in section 8 of Article 1, gives Congress the power to regulate industries that do business throughout the country and to pass laws like the Federal Cigarette Labeling and Advertising Act that promote public health.

What is_____________________________?

(3)States, through the exercise of the police power, are primarily responsible for protecting public health. A national mandate ordering people everywhere to wear masks might violate this amendment to the Constitution, which reserves powers to the states (like the police power) that the Constitution does not otherwise give to the federal government.

What is____________________________?

(4) Although the federal government is one of limited powers, pursuant to this clause of the Constitution a law that Congress validly enacts can "preempt" states from passing laws that are inconsistent or different from federal law, or from passing any kind of regulation in a field that the federal government has decided to occupy.

What is____________________________?

(5) This clause in Article 1, section 8, of the Constitution greatly expands Congress' regulatory power. For instance, the Supreme Court, inWickard v. Filburn, found that it allowed Congress to penalize a farmer for growing more wheat than allowed by a federal cap even though the farmer was growing the extra wheat for his personal use and did not intend to sell it.

What is__________________________?

15 points

QUESTION 17

1. Instructions: Please select two questions to answer. Your answer should be afew sentences per question. Please indicate which question you are answering (i.e., (1), (2), or (3)).

(1) Assume that you work for the Office of School Health which wants to make emergency contraception (the "morning after" pill) available to high school students. Can the program go forward without parental consent? If so, why? If not, why not and what?

(2)Assume that the New York City Council wants to pass a law regulating the size of containers that are used to serve sugary beverages in New York City restaurants. Can it? Why or why not?

(3)Assume that you work for DOHMH and Dr. Feelgood is a New York City physician known for administering vitamin B shots to his patients to make them feel better. You discover that, due to infection control lapses in his practice, several of his patients were infected with Hepatitis B when receiving their Vitamin B. To what state office might you report this fact? Is there any potential action that you or DOHMH might take to prevent further infections?

Yes.