Effects of Federal Mandates Essay

Exclusively available on Available only on IvyPanda® Made by Human No AI

Introduction

Fiscal federalism refers to the division of duties as regards the enactment of various laws and regulations among the various levels of government. There are some instruments of the public that are well addressed by the central government, while others are best addressed by the local government which would understand them best. The idea applies to all types of governments be either devolved or non-devolved ones since in each type there exists a division of authority between the central government and the states or local governments. The federal government uses its authority to enact national laws which are to be implemented in every part of the government, and they usually have implications on the local government’s budget and the running of various public organizations. The paper will focus on one of such federal mandates as it seeks to highlight the effects of these mandates on the local governments.

Emergency Medical Treatment and Active Labor Act

Though many mandates have been enacted by the federal government and which have many effects on public organizations, perhaps the emergency medical and active labor act (EMTALA) seems to have more direct effects. The EMTALA requires that any patient in critical condition should be given medical care regardless of his capability or nationality, and the patient can only be discharged or be transferred when he or she is in stable condition to understand what is taking place (Pozgar, 2010). This mandate does not provide for any financial assistance to the institutions that provide this medical care, leaving it upon the organizations to take care of the financial part without involving the patient in question if the patient is unable to pay.

Organizations Affected

This mandate affects all the institutions which give health services in the US except those that provide care to the elderly and the children. The act has a wide definition that ends up including virtually every hospital, making it almost impossible that a hospital can escape this obligation. Though the hospital may not have facilities to treat the condition of the patient, the mandate regulates that proper arrangements should be made to transfer the patient to a hospital where the condition can be treated (Miller, 2006).

The Effects

Mandates are meant to impact positively on society, though they sometimes end up with negative effects. EMTALA has made it possible for all people to receive life-saving healthcare, therefore improving public health standards, whether one has insurance or not patients who in different circumstances would be left to die (Pozgar, 2010). On the other hand, the mandate impacts negatively on the budget of involved institutions bearing in mind that no mode of reimbursement is provided to the hospitals affected by EMTALA. Most hospitals have undergone losses since most of the bills go unsettled, by patients who claim they are unable to pay and that the bills fall under emergency medical treatment. In conjunction with that, the mandate has led to burdening of those who are capable of paying, because the providers of health services pass on the expenses of those who can not pay. Due to financial strains, some hospitals have been forced to trim down certain facilities, and the result has been congestion in the emergence rooms (Miller, 2006).

Conclusion

Emergency medical treatment and the active labor act are some of the unfunded federal mandates, and like the others, it strains the budgets of public organizations directly affected by them. The federal government comes up with laws and regulations which are meant to benefit both the rich and the poor in society, but it fails to evaluate the effects and how this can be addressed. It is therefore important that evaluation is done on the effects of each mandate on various sectors of the economy, and adequate measures taken before the enactment of the said act.

References

Miller, D. R. (2006). Problems in Health Care Law. Sudbury: Jones & Bartlett.

Pozgar, D. G. (2010). Legal and Ethical Issues for Health Professionals. Sudbury: Jones & Bartlett.

More related papers Related Essay Examples
Cite This paper
You're welcome to use this sample in your assignment. Be sure to cite it correctly

Reference

IvyPanda. (2022, January 12). Effects of Federal Mandates. https://ivypanda.com/essays/effects-of-federal-mandates/

Work Cited

"Effects of Federal Mandates." IvyPanda, 12 Jan. 2022, ivypanda.com/essays/effects-of-federal-mandates/.

References

IvyPanda. (2022) 'Effects of Federal Mandates'. 12 January.

References

IvyPanda. 2022. "Effects of Federal Mandates." January 12, 2022. https://ivypanda.com/essays/effects-of-federal-mandates/.

1. IvyPanda. "Effects of Federal Mandates." January 12, 2022. https://ivypanda.com/essays/effects-of-federal-mandates/.


Bibliography


IvyPanda. "Effects of Federal Mandates." January 12, 2022. https://ivypanda.com/essays/effects-of-federal-mandates/.

If, for any reason, you believe that this content should not be published on our website, please request its removal.
Updated:
This academic paper example has been carefully picked, checked and refined by our editorial team.
No AI was involved: only quilified experts contributed.
You are free to use it for the following purposes:
  • To find inspiration for your paper and overcome writer’s block
  • As a source of information (ensure proper referencing)
  • As a template for you assignment
Privacy Settings

IvyPanda uses cookies and similar technologies to enhance your experience, enabling functionalities such as:

  • Basic site functions
  • Ensuring secure, safe transactions
  • Secure account login
  • Remembering account, browser, and regional preferences
  • Remembering privacy and security settings
  • Analyzing site traffic and usage
  • Personalized search, content, and recommendations
  • Displaying relevant, targeted ads on and off IvyPanda

Please refer to IvyPanda's Cookies Policy and Privacy Policy for detailed information.

Required Cookies & Technologies
Always active

Certain technologies we use are essential for critical functions such as security and site integrity, account authentication, security and privacy preferences, internal site usage and maintenance data, and ensuring the site operates correctly for browsing and transactions.

Site Customization

Cookies and similar technologies are used to enhance your experience by:

  • Remembering general and regional preferences
  • Personalizing content, search, recommendations, and offers

Some functions, such as personalized recommendations, account preferences, or localization, may not work correctly without these technologies. For more details, please refer to IvyPanda's Cookies Policy.

Personalized Advertising

To enable personalized advertising (such as interest-based ads), we may share your data with our marketing and advertising partners using cookies and other technologies. These partners may have their own information collected about you. Turning off the personalized advertising setting won't stop you from seeing IvyPanda ads, but it may make the ads you see less relevant or more repetitive.

Personalized advertising may be considered a "sale" or "sharing" of the information under California and other state privacy laws, and you may have the right to opt out. Turning off personalized advertising allows you to exercise your right to opt out. Learn more in IvyPanda's Cookies Policy and Privacy Policy.

1 / 1