Health Law and Administrative Law Term Paper

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health law and administrative law, according to Jost (2004), are law domains that are representative of the various approaches to classification. By definition, "health law encompasses law as it affects a particular industry -- the health-care industry" (Jost 2004). This particular kind of classification, therefore, regulates the relationship between the various healthcare industry stakeholders, including, but not limited to, the government, patients, health-care professionals, and health-care providers. Administrative law on the other hand is defined by the Black's Law Dictionary as "the law governing the organization and operation of the executive branch of government (including independent agencies) and the relations of administrative agencies with the legislature, the executive, the judiciary, and the public" (Jost 2004).

The agencies I select in an attempt to define how such agencies interact with the health care industry are The Federal Trade Commission, the Food and Drug Administration, and the Department of Justice. To begin with, being an independent federal agency, the Federal Trade Commission (FTC) concerns itself with the protection of consumers in an attempt to create a market that is not only competitive but also strong. This it does via the enforcement of a variety of laws -- particularly antitrust laws and consumer protection laws. It is important to note that the relevance of competition in the healthcare market cannot be overstated. This is more so the case given that it has some inherent benefits to consumers via the containment of costs, quality enhancement, and enhanced innovation.

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FTC ensures that firms in the health care industry do not engage in anticompetitive behavior that could be detrimental to consumers. One of the antitrust enforcement policies issued by FTC regards mergers and seeks to protect consumers against activities that are anticompetitive in nature. It should be noted that while this particular agency lacks the powers to enforce its rulings directly, it has the courts at its disposal for enforcement purposes.

The Food and Drug Administration (FDA), on the other hand, concerns itself with the regulation of the release of health-related products as well as foods items that are new in to market. In so doing, it seeks to protect members of the public from ingesting, making use of, or consuming cosmetic products, drugs, and foods that could be unsafe or impure. One of the areas where the agency is most renowned for its involvement is in the regulation of new drugs - particularly in their development stage. To fulfill its mandate, the agency has in place rules specifying mandatory new-drug clinical trials. It is for this reason that FDA closely follows the testing of numerous drugs that are pending release in an attempt to highlight how they affect their intended user. The influence FDA, therefore, has….....

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