CPH: Public Health Law and Ethics
Public Health Law, according to Gostin - correct answer ✔✔the legal powers and duties of the state to
assure the conditions for people to be healthy and the limitations on the power of the state to constrain
the autonomy, privacy, liberty, proprietary or other interests of individuals for the protection or
promotion of community health.
In PH law, there is a tension between... - correct answer ✔✔Public good vs individual rights
Autonomy - correct answer ✔✔Free from external influence over independent decision making
4th amendment - correct answer ✔✔Freedom from unreasonable searches and seizures
Isolation, quarantine, mandatory vaccination might be considered violations of... - correct answer
✔✔Autonomy
Explain what the 4th amendment has to do with public health - correct answer ✔✔Health and safety
inspections violate the 4th amendment but are essential to PH and legal
What are the three levels of government? - correct answer ✔✔federal, state, local
What is federalism? - correct answer ✔✔A sharing of power between states and national government
established through the constitution
Federal Preemption - correct answer ✔✔right of federal government to regulate matters within its
power to the exclusion of regulation by the states
Police Power of the States - correct answer ✔✔Give states' power to protect the public health. States
can enact laws and promulgate regulations that protect the PH and promote the public good.
, How is police power different from criminal law powers? - correct answer ✔✔Do not require a probably
cause warrant; enforce protections without a court hearing; "more probable than not" standard of
evidence.
Provide some examples of PH police powers - correct answer ✔✔-Isolation / quarantine
-Culling poultry due to infection
Home rule authority - correct answer ✔✔Authority granted to local jurisdictions such as cities or
countries by state constitutions or state legislative actions to enact ordinances that are specific to the
community, not otherwise permitted. All states are different -- some states do not allow home rule. For
example, sugar laws in NY.
What is the difference between a law and a regulation? - correct answer ✔✔PH laws are the system of
rules created for the protection or promotion of community health. Regulations are the set of rules that
describe the implementation of legislation.
According to HIPPA, what is PHI? - correct answer ✔✔Any identifiable info of individual, including
demographics, health condition, or receipt of services.
According to HIPPA, what is privacy? - correct answer ✔✔Freedom from intrusion, having control over
the extent, timing, and circumstances of sharing PHI
According to HIPPA, what is security? - correct answer ✔✔Practices, polices, and procedures created to
protect a person's PHI
According to HIPPA, what is confidentiality? - correct answer ✔✔Patient disclosing information in a
relationship of trust
According to HIPPA, what are covered entities? - correct answer ✔✔Agencies that can share PHI without
patient permission, such as between a clinic and the patients' insurance company.
If you remove PHI, can you share health information? - correct answer ✔✔Yes -- for example, you could
provide a careful case example or describe an incident.
Public Health Law, according to Gostin - correct answer ✔✔the legal powers and duties of the state to
assure the conditions for people to be healthy and the limitations on the power of the state to constrain
the autonomy, privacy, liberty, proprietary or other interests of individuals for the protection or
promotion of community health.
In PH law, there is a tension between... - correct answer ✔✔Public good vs individual rights
Autonomy - correct answer ✔✔Free from external influence over independent decision making
4th amendment - correct answer ✔✔Freedom from unreasonable searches and seizures
Isolation, quarantine, mandatory vaccination might be considered violations of... - correct answer
✔✔Autonomy
Explain what the 4th amendment has to do with public health - correct answer ✔✔Health and safety
inspections violate the 4th amendment but are essential to PH and legal
What are the three levels of government? - correct answer ✔✔federal, state, local
What is federalism? - correct answer ✔✔A sharing of power between states and national government
established through the constitution
Federal Preemption - correct answer ✔✔right of federal government to regulate matters within its
power to the exclusion of regulation by the states
Police Power of the States - correct answer ✔✔Give states' power to protect the public health. States
can enact laws and promulgate regulations that protect the PH and promote the public good.
, How is police power different from criminal law powers? - correct answer ✔✔Do not require a probably
cause warrant; enforce protections without a court hearing; "more probable than not" standard of
evidence.
Provide some examples of PH police powers - correct answer ✔✔-Isolation / quarantine
-Culling poultry due to infection
Home rule authority - correct answer ✔✔Authority granted to local jurisdictions such as cities or
countries by state constitutions or state legislative actions to enact ordinances that are specific to the
community, not otherwise permitted. All states are different -- some states do not allow home rule. For
example, sugar laws in NY.
What is the difference between a law and a regulation? - correct answer ✔✔PH laws are the system of
rules created for the protection or promotion of community health. Regulations are the set of rules that
describe the implementation of legislation.
According to HIPPA, what is PHI? - correct answer ✔✔Any identifiable info of individual, including
demographics, health condition, or receipt of services.
According to HIPPA, what is privacy? - correct answer ✔✔Freedom from intrusion, having control over
the extent, timing, and circumstances of sharing PHI
According to HIPPA, what is security? - correct answer ✔✔Practices, polices, and procedures created to
protect a person's PHI
According to HIPPA, what is confidentiality? - correct answer ✔✔Patient disclosing information in a
relationship of trust
According to HIPPA, what are covered entities? - correct answer ✔✔Agencies that can share PHI without
patient permission, such as between a clinic and the patients' insurance company.
If you remove PHI, can you share health information? - correct answer ✔✔Yes -- for example, you could
provide a careful case example or describe an incident.
