Populations and the law: The changing scope of health policy

Journal of Law, Medicine and Ethics

Volumn 31, Issue 4, 2003, Pages 607-614

  Fox, Daniel M ^a,b  

^a Milbank Memorial Fund   (United States)

^b NONE

Author keywords

[No Author keywords available]

Indexed keywords

CONFERENCE PAPER; GOVERNMENT; HEALTH CARE POLICY; LAW; POLITICS; POPULATION; PUBLIC HEALTH; ARTICLE; ECONOMICS; HEALTH CARE PLANNING; HUMAN; LEADERSHIP; LEGAL ASPECT; TERRORISM; UNITED STATES;

COMMUNITY HEALTH PLANNING; FEDERAL GOVERNMENT; HEALTH POLICY; HUMANS; LEADERSHIP; POLITICS; STATE GOVERNMENT; TERRORISM; UNITED STATES;

EID: 1542715378     PISSN: 10731105     EISSN: None     Source Type: Journal    
DOI: 10.1111/j.1748-720X.2003.tb00128.x     Document Type: Conference Paper

References (47)

1. Mary Kramer, remarks during plenary session "From Public Health to Population Health: How Law Can Redefine the Playing Field," Centers for Disease Control and Prevention Public Health Law Conference (June 2003). Forthcoming, supplementary issue, Journal of Law, Medicine and Ethics.
2. D.M. Fox, Power and Illness: The Failure and Future of American Health Policy (Berkeley: University of California Press, 1993 and 1995): 113-141. In this chapter I describe the concepts that I now characterize with the phrase general government and give sources for them. More important, this chapter has been read by a number of persons in general government who have told me that I accurately described how they think and act.
3. For reviews of sources on the determinants of health see D. Porter, Health, Civilization and the State: A History of Public Health from Ancient to Modern Times (London and New York: Routledge, 1999); and J.C. Riley, Rising Life Expectancy: A Global History (Cambridge, UK and New York: Cambridge University Press, 2001).
4. For reviews of sources on the determinants of health see D. Porter, Health, Civilization and the State: A History of Public Health from Ancient to Modern Times (London and New York: Routledge, 1999); and J.C. Riley, Rising Life Expectancy: A Global History (Cambridge, UK and New York: Cambridge University Press, 2001).
5. For the UK, A. Oakley, Man and Wife: Richard and Kay Titmuss; My Parents' Early Years (London: HarperCollins, 1996). For the left interpretation of the data in the US as an exemplary source is J.B. McKinlay and S.M. McKinlay, "The Questionable Contribution of Medical Measures to the Decline of Mortality in the United States in the Twentieth Century," The Milbank Memorial Fund Quarterly/Health and Society, 55 (1977): 405-428.
6. For the UK, A. Oakley, Man and Wife: Richard and Kay Titmuss; My Parents' Early Years (London: HarperCollins, 1996). For the left interpretation of the data in the US as an exemplary source is J.B. McKinlay and S.M. McKinlay, "The Questionable Contribution of Medical Measures to the Decline of Mortality in the United States in the Twentieth Century," The Milbank Memorial Fund Quarterly/Health and Society, 55 (1977): 405-428.
7. S.R. Johansson, "Food for Thought: Rhetoric and Reality in Modern Mortality History," Historical Methods, 27 (1994): 101-125; S. Szreter, "Rethinking McKeown: The Relationship Between Public Health and Social Change," American Journal of Public Health, 92 (2002): 722-725.
8. S.R. Johansson, "Food for Thought: Rhetoric and Reality in Modern Mortality History," Historical Methods, 27 (1994): 101-125; S. Szreter, "Rethinking McKeown: The Relationship Between Public Health and Social Change," American Journal of Public Health, 92 (2002): 722-725.
9. S. Szreter, "The Importance of Social Intervention in Britain's Mortality Decline, c. 1830-1914: A Reinterpretation of the Role of Public Health," Social History of Medicine, 1 (1988): 1-37; Anne Hardy, The Epidemic Streets: Infectious Disease and the Rise of Preventive Medicine, 1856-1900 (Oxford: Oxford University Press, 1993). For other citations see Riley, supra note 3, 58-80.
10. S. Szreter, "The Importance of Social Intervention in Britain's Mortality Decline, c. 1830-1914: A Reinterpretation of the Role of Public Health," Social History of Medicine, 1 (1988): 1-37; Anne Hardy, The Epidemic Streets: Infectious Disease and the Rise of Preventive Medicine, 1856-1900 (Oxford: Oxford University Press, 1993). For other citations see Riley, supra note 3, 58-80.
11. D.M. Fox, R.J. Jackson, and J.A. Barondess, "Health and the Built Environment; G.W. Evans, "The Built Environment and Mental Health;" M.E. Northridge, E. D. Sclar, and P. Biswas, "Sorting Out the Connections Between the Build Environment and Health: a Conceptual Framework for Navigating Pathways and Planning Healthy Cities"; A.V. Diez Roux, "Residential Environments and Cardiovascular Risk"; H.V. Savitch, "How Urban Sprawl Shapes the Human Being," Journal of Urban Health/Bulletin of the New York Academy of Medicine, 80 (2003): in press.
12. D.M. Fox, R.J. Jackson, and J.A. Barondess, "Health and the Built Environment; G.W. Evans, "The Built Environment and Mental Health;" M.E. Northridge, E. D. Sclar, and P. Biswas, "Sorting Out the Connections Between the Build Environment and Health: a Conceptual Framework for Navigating Pathways and Planning Healthy Cities"; A.V. Diez Roux, "Residential Environments and Cardiovascular Risk"; H.V. Savitch, "How Urban Sprawl Shapes the Human Being," Journal of Urban Health/Bulletin of the New York Academy of Medicine, 80 (2003): in press.
13. D.M. Fox, R.J. Jackson, and J.A. Barondess, "Health and the Built Environment; G.W. Evans, "The Built Environment and Mental Health;" M.E. Northridge, E. D. Sclar, and P. Biswas, "Sorting Out the Connections Between the Build Environment and Health: a Conceptual Framework for Navigating Pathways and Planning Healthy Cities"; A.V. Diez Roux, "Residential Environments and Cardiovascular Risk"; H.V. Savitch, "How Urban Sprawl Shapes the Human Being," Journal of Urban Health/Bulletin of the New York Academy of Medicine, 80 (2003): in press.
14. D.M. Fox, R.J. Jackson, and J.A. Barondess, "Health and the Built Environment; G.W. Evans, "The Built Environment and Mental Health;" M.E. Northridge, E. D. Sclar, and P. Biswas, "Sorting Out the Connections Between the Build Environment and Health: a Conceptual Framework for Navigating Pathways and Planning Healthy Cities"; A.V. Diez Roux, "Residential Environments and Cardiovascular Risk"; H.V. Savitch, "How Urban Sprawl Shapes the Human Being," Journal of Urban Health/Bulletin of the New York Academy of Medicine, 80 (2003): in press.
15. D.M. Fox, R.J. Jackson, and J.A. Barondess, "Health and the Built Environment; G.W. Evans, "The Built Environment and Mental Health;" M.E. Northridge, E. D. Sclar, and P. Biswas, "Sorting Out the Connections Between the Build Environment and Health: a Conceptual Framework for Navigating Pathways and Planning Healthy Cities"; A.V. Diez Roux, "Residential Environments and Cardiovascular Risk"; H.V. Savitch, "How Urban Sprawl Shapes the Human Being," Journal of Urban Health/Bulletin of the New York Academy of Medicine, 80 (2003): in press.
16. J.P. Bunker, H.S. Frazier, F. Mosteller, "Improving Health: Measuring Effects of Medical Care," The Milbank Quarterly, 72 (1994): 225-258; R. Evans, M. Barer, and T.R. Marmor, Why are Some People Healthy and Others Not? (New York: Aldine De Gruyter, 1994); D.A. Kindig, Purchasing Population Health: Paying for Results (Ann Arbor: University of Michigan Press, 1997).
17. J.P. Bunker, H.S. Frazier, F. Mosteller, "Improving Health: Measuring Effects of Medical Care," The Milbank Quarterly, 72 (1994): 225-258; R. Evans, M. Barer, and T.R. Marmor, Why are Some People Healthy and Others Not? (New York: Aldine De Gruyter, 1994); D.A. Kindig, Purchasing Population Health: Paying for Results (Ann Arbor: University of Michigan Press, 1997).
18. J.P. Bunker, H.S. Frazier, F. Mosteller, "Improving Health: Measuring Effects of Medical Care," The Milbank Quarterly, 72 (1994): 225-258; R. Evans, M. Barer, and T.R. Marmor, Why are Some People Healthy and Others Not? (New York: Aldine De Gruyter, 1994); D.A. Kindig, Purchasing Population Health: Paying for Results (Ann Arbor: University of Michigan Press, 1997).
19. S. Szreter, "Economic Growth, Disruption, Disease and Death: On the Importance of the Politics of Public Health," Population and Development Review, 23 (1997): 693-728; S. Szreter and G. Mooney, "Urbanization, Mortality and the Standard of Living Debate," Economic History Review, 50 (1998): 84-112.
20. S. Szreter, "Economic Growth, Disruption, Disease and Death: On the Importance of the Politics of Public Health," Population and Development Review, 23 (1997): 693-728; S. Szreter and G. Mooney, "Urbanization, Mortality and the Standard of Living Debate," Economic History Review, 50 (1998): 84-112.
21. F. Mesle, J. Vallin, and V. Shkolnikov, "Reversal of Mortality Decline: The Case of Contemporary Russia," World Statistics Quarterly, 51 (2000): 191-206; M. McKee, V. Shkolnikov, "Understanding the Toll of Premature Death Among Men in Eastern Europe," British Medical Journal, 323 (2001): 1051-1054.
22. F. Mesle, J. Vallin, and V. Shkolnikov, "Reversal of Mortality Decline: The Case of Contemporary Russia," World Statistics Quarterly, 51 (2000): 191-206; M. McKee, V. Shkolnikov, "Understanding the Toll of Premature Death Among Men in Eastern Europe," British Medical Journal, 323 (2001): 1051-1054.
23. Jeanne Daly, Evidence-Based Medicine and the Search for a Science of Clinical Care (Berkeley: Milbank Memorial Fund and the University of California Press): in press.
24. I. Chalmers, L.V. Hedges, and H. Cooper, "A Brief History of Research Synthesis," Evaluation and the Health Professions, 25 (2002): 12-37; Morton Hunt, How Science Takes Stock: The Story of Meta-Analysis (New York: Russell Sage Foundation, 1997).
25. I. Chalmers, L.V. Hedges, and H. Cooper, "A Brief History of Research Synthesis," Evaluation and the Health Professions, 25 (2002): 12-37; Morton Hunt, How Science Takes Stock: The Story of Meta-Analysis (New York: Russell Sage Foundation, 1997).
26. P.D. Cleary, D.M. Fox, eds. "Effective Care in Pregnancy and Childbirth," The Milbank Quarterly, 71 (1993): 401-532.
27. U.S/U.K. Purchasers Group, Better Information, Better Outcomes? The Use of Health Technology Assessment and Clinical Effectiveness Data in Health Care Purchasing Decisions in the United Kingdom and the United States (New York: Milbank Memorial Fund, 2000): D.A. Kindig, ed., Value Purchasers in Health Care: Seven Case Studies (New York: Milbank Memorial Fund, 2001).
28. U.S/U.K. Purchasers Group, Better Information, Better Outcomes? The Use of Health Technology Assessment and Clinical Effectiveness Data in Health Care Purchasing Decisions in the United Kingdom and the United States (New York: Milbank Memorial Fund, 2000): D.A. Kindig, ed., Value Purchasers in Health Care: Seven Case Studies (New York: Milbank Memorial Fund, 2001).
29. The Reforming States Group, "State Initiatives On Prescription Drugs: Creating a More Functional Market," Health Affairs, 22 (2003): 128-136; D.M. Fox, A. Oxman, eds, Informing Judgment: Case Studies of Health Policy and Research in Six Countries (New York, Milbank Memorial Fund and the Cochrane Collaboration, 2001).
30. The Reforming States Group, "State Initiatives On Prescription Drugs: Creating a More Functional Market," Health Affairs, 22 (2003): 128-136; D.M. Fox, A. Oxman, eds, Informing Judgment: Case Studies of Health Policy and Research in Six Countries (New York, Milbank Memorial Fund and the Cochrane Collaboration, 2001).
31. John E. McDonough, Proactive Hazard Analysis and Health Care Policy (New York: Milbank Memorial Fund and ECRI, 2002): M.R. Taylor, M. O'K. Glavin, J.G. Morris, Jr., and C. E. Woteki, Food Safety Updated: Developing Tools for a More Science-and-Risk Based Approach (New York: Milbank Memorial Fund and Resources for the Future, 2003).
32. John E. McDonough, Proactive Hazard Analysis and Health Care Policy (New York: Milbank Memorial Fund and ECRI, 2002): M.R. Taylor, M. O'K. Glavin, J.G. Morris, Jr., and C. E. Woteki, Food Safety Updated: Developing Tools for a More Science-and-Risk Based Approach (New York: Milbank Memorial Fund and Resources for the Future, 2003).
33. J.West, ed., "The Americans with Disabilities Act: From Policy to Practice," The Milbank Quarterly, 69 (1991): vii-xxxi, 3-360.
34. I.K. Zola, "Toward the Necessary Universalizing of a Disability Policy," The Milbank Quarterly, 67, Supplement (1989): 401-428.
35. J. West, ed., Implementing the Americans with Disabilities Act (Cambridge, MA: Blackwell Publishers and the Milbank Memorial Fund, 1996).
36. Olmstead v. L.C., (98-536) 527US 581C 1999.
37. A. Brundage, The English Poor Laws, 1700-1930 (Houndmills, Basingstroke, Hampshire, UK: Palgrave, 2002): 96-98, 147; L.H. Lees, The Solidarity of Strangers: The English Poor Laws and the People, 1700-1948 (Cambridge, UK, Cambridge University Press, 1998): 278; Simon Szreter, "Health, Economy, State and Society in Modern Britain: The Long-Run Perspective," unpublished manuscript, July 2003.
38. A. Brundage, The English Poor Laws, 1700-1930 (Houndmills, Basingstroke, Hampshire, UK: Palgrave, 2002): 96-98, 147; L.H. Lees, The Solidarity of Strangers: The English Poor Laws and the People, 1700-1948 (Cambridge, UK, Cambridge University Press, 1998): 278; Simon Szreter, "Health, Economy, State and Society in Modern Britain: The Long-Run Perspective," unpublished manuscript, July 2003.
39. A. Brundage, The English Poor Laws, 1700-1930 (Houndmills, Basingstroke, Hampshire, UK: Palgrave, 2002): 96-98, 147; L.H. Lees, The Solidarity of Strangers: The English Poor Laws and the People, 1700-1948 (Cambridge, UK, Cambridge University Press, 1998): 278; Simon Szreter, "Health, Economy, State and Society in Modern Britain: The Long-Run Perspective," unpublished manuscript, July 2003.
40. J.C. VanDerhei, C. Copland. "Can America Afford Tomorrow's Retirees: Results From the EBRI-ERF Retirement Security Projection Model," EBRI Issue Brief no. 263, November 2003 (Washington, DC: Employee Benefit Retirement Institute); J.C. VanDerhei, C. Copland, "Kansas Future Retirement Income Assessment Project," Third Draft, July 16, 2002, and "Massachusetts Future Retirement Income Assessment Project," Third Draft, December 1, 2002, available at 〈www.ebri.org〉.
41. J.C. VanDerhei, C. Copland. "Can America Afford Tomorrow's Retirees: Results From the EBRI-ERF Retirement Security Projection Model," EBRI Issue Brief no. 263, November 2003 (Washington, DC: Employee Benefit Retirement Institute); J.C. VanDerhei, C. Copland, "Kansas Future Retirement Income Assessment Project," Third Draft, July 16, 2002, and "Massachusetts Future Retirement Income Assessment Project," Third Draft, December 1, 2002, available at 〈www.ebri.org〉.
42. J.C. VanDerhei, C. Copland. "Can America Afford Tomorrow's Retirees: Results From the EBRI-ERF Retirement Security Projection Model," EBRI Issue Brief no. 263, November 2003 (Washington, DC: Employee Benefit Retirement Institute); J.C. VanDerhei, C. Copland, "Kansas Future Retirement Income Assessment Project," Third Draft, July 16, 2002, and "Massachusetts Future Retirement Income Assessment Project," Third Draft, December 1, 2002, available at 〈www.ebri.org〉.
43. See Letter from T.G. Thompson to Governors, January 31, 2002, accompanying HHS News, "HHS Announces $1.1 Billion in Funding to States For Bioterrorism Preparedness," January 31, 2002, available at 〈www.hhs.gov/news/press/2002/pres/20020131h.html〉
44. J.M. Colmers, D.M. Fox, "The Politics of Emergency Health Powers and the Isolation of Public Health," American Journal of Public Health, 93 (2003): 397-399.
45. National Association of State Budget Officers and the Reforming States Group, 2000-2001 State Health Care Expenditure Report (New York: Milbank Memorial Fund, National Association of State Budget Officers, the Reforming States Group, 2003).
46. D.M. Fox, P. Fronstin, "Public Spending for Health Care Approaches 60 Percent," Health Affairs, 19 (2000): 271-274.
47. L. Gostin, Public Health Law: Power Duty and Restraint (Berkeley: University of California Press and the Milbank Memorial Fund, 2000): 21: "The Definition of public health law I have proposed and defended does not depict the field of public health law narrowly as a complex set of technical rules buried within state health codes. Rather, public health law should be seen broadly as the authority and responsibility of government to assure the conditions for the population's health(emphasis added). "[DMF italics]