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Table of Contents

A Review of the Health Act, 2017 from an Access, Quality and Cost Paradigm

Smith Ouma, Strathmore Law School

Simple vs. Complex Carbohydrate Dietary Patterns and the Global Overweight and Obesity Pandemic

Fabrizio Ferro Ferretti, Università degli studi di Modena e Reggio Emilia (UNIMORE)
Michele Mariani, DCE UNIMORE

Public Health Preemption Plus: Constitutional Affronts to Public Health Innovations

James G. Hodge, Arizona State University (ASU) - Sandra Day O'Connor College of Law
Madeline Morcelle, Arizona State University (ASU) - Sandra Day O'Connor College of Law
Sarah Wetter, Arizona State University (ASU), Sandra Day O'Connor College of Law, Students
Jennifer Piatt, Arizona State University (ASU) - Sandra Day O'Connor College of Law
Danielle Chronister, Arizona State University (ASU), Sandra Day O'Connor College of Law, Students
Alexandra Hess, Arizona State University (ASU) - Sandra Day O'Connor College of Law


MEDICAL ANTHROPOLOGY eJOURNAL

"A Review of the Health Act, 2017 from an Access, Quality and Cost Paradigm" Free Download
Paper presented at KELIN workshop on Article 43(1): Strategic Litigation and Discourse on the Right to Health 29th September 2017 (Limuru, Kenya)

SMITH OUMA, Strathmore Law School
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The Health Act 2017 was recently enacted to establish a unified health system, to coordinate the interrelationship between the national government and the county government health systems, to provide for regulation of health care service, and health care service providers, health products and health technologies and for connected purposes. The enactment of this Act comes against the backdrop of a health care system that is riddled with structural barriers inhibiting access to health care services with resultant grave consequences. The enactment of the Act is therefore, timely given the constitutional context of the right to the highest attainable standards of health care. However, the key question remains whether the Act sufficiently addresses some of the concerns prevalent in the Kenyan health care system. This paper examines the Act using the lens of access, cost, and quality which are the chief concerns of any health care system. The paper examines the salient issues in the Act under these three broad limbs while examining whether the Act contain provisions that improve access to, reduce costs and improves quality of health care provided in Kenya. The analysis adopted in this paper flows from the understanding of health care as a right with concomitant obligations on the State and its agencies and also within the context of devolved governance adopted by the Constitution in 2010 while also appreciating international best practices and norms.

"Simple vs. Complex Carbohydrate Dietary Patterns and the Global Overweight and Obesity Pandemic" Free Download
Int. J. Environ. Res. Public Health 2017, 14, 1174; doi:10.3390/ijerph14101174

FABRIZIO FERRO FERRETTI, Università degli studi di Modena e Reggio Emilia (UNIMORE)
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MICHELE MARIANI, DCE UNIMORE
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Nowadays, obesity and being overweight are among the major global health concerns. Many, diet-related diseases impose high tangible and intangible costs, and threaten the sustainability of health-care systems worldwide. In this study, we model, at the macroeconomic level, the impact of energy intake from different types of carbohydrates on the population’s BMI (body mass index).

We proceed in three steps. First, we develop a framework to analyse both the consumption choices between simple and complex carbohydrates and the effects of these choices on people health conditions. Second, we collect figures for 185 countries (over the period 2012–2014) regarding the shares of simple (sugar and sweetener) and complex (cereal) carbohydrates in each country’s total dietary energy supply.

Third, we use regression techniques to:

(1) estimate the impact of these shares on the country’s prevalence of obesity and being overweight;

(2) compute for each country an indicator of dietary pattern based on the ratio between simple and complex carbohydrates, weighted by their estimated effects on the prevalence of obesity and being overweight; and

(3) measure the elasticity of the prevalence of obesity and being overweight with respect to changes in both carbohydrate dietary pattern and income per capita.

We find that unhealthy eating habits and the associated prevalence of excessive body fat accumulation tend to behave as a ‘normal good’ in low, medium- and high-HDI (Human Development Index) countries, but as an ‘inferior good’ in very high-HDI countries.

"Public Health Preemption Plus: Constitutional Affronts to Public Health Innovations" Free Download

JAMES G. HODGE, Arizona State University (ASU) - Sandra Day O'Connor College of Law
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MADELINE MORCELLE, Arizona State University (ASU) - Sandra Day O'Connor College of Law
Email:
SARAH WETTER, Arizona State University (ASU), Sandra Day O'Connor College of Law, Students
Email:
JENNIFER PIATT, Arizona State University (ASU) - Sandra Day O'Connor College of Law
Email:
DANIELLE CHRONISTER, Arizona State University (ASU), Sandra Day O'Connor College of Law, Students
Email:
ALEXANDRA HESS, Arizona State University (ASU) - Sandra Day O'Connor College of Law
Email:

Law- and policymakers increasingly seek to control lower level governments through emerging “preemption plus( )? tactics ― actions exceeding traditional boundaries or specific targets of preemption. Preemption tactics tack on direct threats, fines, loss of funds, and broad de-authorizations of powers to traditional preemption clauses or provisions. This article examines historic and modern applications of preemption, various preemption tactics employed by state and federal lawmakers, and challenges localities and states may use to fight this emerging trend. Enhanced understanding of the cohesiveness of structural- and rights-based constitutional principles may provide alternative arguments to stem the tide of preemption.

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About this eJournal

Supported by: American Anthropological Association (AAA)

This eJournal distributes working and accepted paper abstracts of medical anthropology. The topics in this eJournal include: Health & Illness; Medicine & Ethics; Public & Global Health & Emerging Diseases; Science, Technology, & Medicine; Applied Medical Anthropology; Negative Results - Medical Anthropology.

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AARN SUBJECT MATTER EJOURNALS

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University of New Mexico - Department of Anthropology
Email: lamphere@unm.edu

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