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Moving from Intersection to Integration: Public Health Law Research and Public Health Systems and Services Research

Milbank Quarterly, Vol. 90, No. 2, pp. 375-408, 2012

Temple University Legal Studies Research Paper No. 2013-08

36 Pages Posted: 16 Sep 2012 Last revised: 3 Feb 2016

Scott Burris

Center for Public Health Law Research, Temple University - James E. Beasley School of Law

Glen P. Mays

University of Kentucky - School of Public Health

F. Douglas Scutchfield

University of Kentucky - School of Public Health

Jennifer Ibrahim

Temple University; Public Health Law Research National Program Office

Date Written: March 12, 2013

Abstract

Context: For three decades, experts have been stressing the importance of law to the effective operation of public health systems. Most recently, the Institute of Medicine in a 2011 report recommended a review of state and local public health laws to ensure appropriate authority for public health agencies; adequate access to legal counsel for public health agencies; evaluations of the health effects and costs associated with legislation, regulations and policies; and enhancement of research methods to assess the strength of evidence regarding the health effects of public policies. These recommendations, and the continued interest in law as a determinant of health system performance, speak to the need for an integrated approach between the emerging fields of Public Health Law Research and Public Health Systems and Services Research.

Methods: Expert commentary.

Findings: This paper sets out a unified framework for the two fields and a shared research agenda built around three broad inquiries: 1) the structural role of law in shaping the organization, powers, prerogatives, duties and limitations of public health agencies, and thereby their functioning and ultimately their impact on public health (“infrastructure”); 2) the mechanisms through which public health system characteristics influence the implementation of interventional public health laws (“implementation”); and 3) the individual and system characteristics that influence the ability of public health systems and their community partners to develop and secure enactment of legal initiatives to advance public health (“innovation”). Research to date has laid a foundation of evidence, but progress requires better and more accessible data, a new generation of researchers comfortable in both law and health research, and more rigorous methods.

Conclusions: The routine integration of law as a salient factor in broader PHSSR studies of public health system functioning and health outcomes will enhance the usefulness of research in supporting practice and the long-term improvement of system performance.

Suggested Citation

Burris, Scott and Mays, Glen P. and Scutchfield, F. Douglas and Ibrahim, Jennifer, Moving from Intersection to Integration: Public Health Law Research and Public Health Systems and Services Research (March 12, 2013). Milbank Quarterly, Vol. 90, No. 2, pp. 375-408, 2012; Temple University Legal Studies Research Paper No. 2013-08. Available at SSRN: https://ssrn.com/abstract=2147461

Scott C. Burris (Contact Author)

Center for Public Health Law Research, Temple University - James E. Beasley School of Law ( email )

1719 N. Broad Street
Philadelphia, PA 19122
United States
215-204-6576 (Phone)
215-204-1185 (Fax)

HOME PAGE: http://www.phlr.org

Glen P. Mays

University of Kentucky - School of Public Health ( email )

KY
United States

F. Douglas Scutchfield

University of Kentucky - School of Public Health ( email )

KY
United States

Jennifer K. Ibrahim

Temple University ( email )

Philadelphia, PA 19122
United States

Public Health Law Research National Program Office ( email )

Philadelphia, PA 19122
United States

HOME PAGE: http://www.publichealthlawresearch.org

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