Role of the Courts

Role of the Courts in Healthcare
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State Police Powers and Healthcare
The intersection between state police powers and healthcare has grown over the past few years because of various factors (Galva, Atchison & Levey, 2005). First of all, post the September 11 terror attract and a consequent anthrax attack, there was an increased realization of the role of healthcare in national security. On the other hand, there is also an increasing desire for the protection of individual rights from interference by the state (Galva, Atchison & Levey, 2005). The state police powers are available to mediate between the two factors. They ensure that individual rights are respected by the state. It also determines when it is necessary to override when various individual rights for the public good. For example, in case of a contagious disease outbreak, it may be necessary to curtail the freedom of movement in order to prevent the spread of disease. Apart from the special occasion, there state police powers are continually needed in the enacting and enhancing of current healthcare policies. The courts are often called to arbitrate between parties whenever there is a conflict of interests.
Constitution Supremacy Clause
The constitution supremacy clause states that the federal laws supersede the state law. For this reason, states are cannot interfere with federal laws. They cannot also start performing responsibilities that are a pure prerogative of the federal government (Swendiman, 2010).

In healthcare, there are many cases where the constitutional supremacy clause impacts on the administration of health care in individual states. One example is the consequences of the application of ACA. Since Obamacare became a federal law, all states were obligated to facilitate the implementation of the new policies. Other cases involve cases where fundamental health rights are guaranteed by the federal constitutions. In this case, the individual states cannot be allowed to refuse such health services to the people.
Areas of Disputes requiring Courts
The courts in most cases act as arbitrators in various cases. They interpret the constitution and determine when a party is aggrieved. One of the cases where the courts can be used is to resolve conflicts between individuals, institutions and the state. For example, post-ACA implementation, faith-based organization were in conflict with the state over policies that required them to provide insurance for contraception’s which may be against their beliefs. In other cases, individual persons may feel aggrieved by certain health policies such as the requirement to undergo vaccination. In this case, the courts are called on as neutral arbitrators (Mello, Studdert, Kachalia & Brennan, 2006).
The courts can arbitrate between two parties with conflicting interests. For example, in cases where euthanasia is allowed, there may be conflicting interests between various parties on keeping a person on life support while the other parties prefer ending the life of that person. In this case, the courts are used to determine the most appropriate course for an individual who is not in the capacity to make their own decisions.
The courts arbitrate when there is a conflict between an institution and an individual. This can happen when there are cases such as wrongful administration of treatment, misdiagnosis or breach of confidentiality. In this case, the court determines the extent of damage caused by the event if any and administers a penalty for the offender and compensation to the offended (Mello, Studdert, Kachalia & Brennan, 2006).
Finally, the courts interpreted the policy framework for all the other stakeholders to ensure that all operations are carried out within the confines of the law.
Major healthcare challenges Solved through Courts
The major challenges that have required arbitration by the courts include:
The cases of abortion and end of life: these are controversial cases especially for religious institutions which hold that life begins at conception and ends with natural death. There are therefore multiple cases involving the legitimacy of abortion provision, use of tax resources on abortion and euthanasia.
The second are cases involving the implementation of various healthcare insurance policies such as Obamacare that is often met with resistance from various legislative arms.

References
Galva, J., Atchison, C., & Levey, S. (2005). Public Health Strategy and the Police Powers of the State. Public Health Reports, 120(1_suppl), 20-27. http://dx.doi.org/10.1177/00333549051200s106
MELLO, M., STUDDERT, D., KACHALIA, A., & BRENNAN, T. (2006). “Health Courts” and Accountability for Patient Safety. The Milbank Quarterly, 84(3), 459-492. http://dx.doi.org/10.1111/j.1468-0009.2006.00455.x
Swendiman, K. (2010). Health Care: Constitutional Rights and Legislative Powers. Washington: Congressional Research Service.