Policy Formulation Development Of Legislation

As noted in the previous chapter, the formulation phase of health policymaking includes two distinct and sequentially related parts: agenda setting and legislation development. This chapter, which focuses on the development of legislation, is a companion to the previous chapter in which the agenda-setting aspect of policy formulation was the focus. Policy formulation can be fully appreciated only through the combination of the various activities associated with agenda setting and legislation development.

As in the discussion of agenda setting in Chapter 5, this discussion of legislation development is confined almost exclusively to its occurrence at the federal level of government. However, state and local governments develop legislation of their own, and in general this is done in a manner similar to the federal approach. The problems that legislation is developed to address differ at each level, as do the contexts, many of the participants, and specific mechanisms and procedures used in developing legislation.

The result of the entire formulation phase of policymaking is public policy in the form of new public laws or amendments to existing laws. New health-related laws or amendments that eventually emerge from the activities associated with the development of legislation originate from the policy agenda. Recall that the health policy agenda is established through the interactions of a diverse array of problems, possible solutions to those problems, and dynamic political circumstances that relate both to the problems and to their potential solutions. Combinations of problems, potential solutions, and political circumstances that achieve priority on the policy agenda move on in the overall policymaking process to the next component of policy formulation—legislation development (see the shaded portion of Figure 6.1).

The laws and amendments to existing laws that result from the formulation phase of policymaking are quite tangible, and purposely so. They can be seen and read in a number of places. The U.S. Constitution prohibits the enactment of laws that are not specifically and directly made known to the people who are to be bound by them. In practice, federal laws are published for the citizenry immediately upon enactment. Of course, it is incumbent on persons who might be affected by laws to know of them and to be certain that they understand their impact. In the world of professionals who are involved in 203

Figure 6.1 A Model of the Public Policymaking Process in the United States: Policy Formulation Phase

Preferences of individuals, organizations, and interest groups, along with biological, cultural, demographic, ecological, economic, ethical, legal, psychological, social, and technological inputs

POLICY FORMULATION PHASE

Agenda Setting

Bridged by

Formal Enactment of

Legislation

• Possible Solutions

Circumstances

Development ► of Legislation

Window of Opportunity*

*The window of opportunity opens when there is a favorable confluence of problems, possible solutions, and political circumstances.

Bridged by

Formal Enactment of

Legislation

POLICY IMPLEMENTATION PHASE

Rulemaking

POLICY MODIFICATION PHASE

Feedback from individuals, organizations, and interest groups experiencing the consequences of policies, combined with the assessments of the performance and impact of policies by those who formulate and implement them, influence future policy formulation and implementation.

POLICY IMPLEMENTATION PHASE

Rulemaking

Policy Formulation
Feedback J

the pursuit ofhealth, a great deal ofattention is paid to the task ofascertaining the impact of laws.

At the federal level, enacted laws are first printed in pamphlet form called slip law. Later, laws are published in the United States Statutes at Large and eventually incorporated into the United States Code. The Statutes at Large, published annually, contain the laws enacted during each session of Congress. In effect, they are compilations of all laws enacted in a particular year. The United States Code is a complete compilation of all of the nation's laws. A new edition of the code is published every six years, with cumulative supplements published annually. Federal public laws can be read at http://thomas.loc.gov.

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Responses

  • amanda
    What is the window of opportunity in the formulation phase?
    2 years ago
  • Katy Stevenson
    How is legislation formulated?
    2 years ago
  • gioele
    What is formulation stage?
    1 year ago
  • carisio
    What is the formulation phase of policy making?
    1 year ago
  • Robin
    What is the formulation legislation and implementation stages?
    1 year ago
  • melissa thomson
    What is so important about the formulation phase when talking about health policymaking?
    1 year ago
  • graeme
    What is the formulation stage of a policy?
    1 year ago
  • jimmy
    What is the part of legislation in policy develoment?
    1 year ago
  • merigo trevisano
    How is legislation developed?
    1 year ago
  • matti tiisanoja
    What is policy development and implementation in health care?
    1 year ago
  • christy
    How does political agenda differ from developing legislation?
    10 months ago
  • amanuel samuel
    How is health care policy formulated?
    9 months ago
  • Antoni
    What are the health care factors of formulation and legislative stages?
    9 months ago
  • Filmon
    How does congress initate the formulation stage of health care policy?
    6 months ago
  • geraldina
    How does political climate differ from developing legislation?
    5 months ago
  • adrian
    Who formulated and implemented public health policy?
    2 months ago
  • benjamin kuefer
    How does congress develop health care policy?
    1 month ago
  • Ali
    How is a legislative health care policy developed?
    20 days ago
  • niklas
    What is the formulation stage of women's health policy?
    16 days ago

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