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Assessing Coordination of Legal-Based Efforts across Jurisdictions and Sectors for Obesity Prevention and Control

Published online by Cambridge University Press:  01 January 2021

Marice Ashe ,
Gary Bennett ,
Christina Economos ,
Elizabeth Goodman ,
Joe Schilling ,
Lisa Quintiliani ,
Sara Rosenbaum ,
Jeff Vincent  and
Aviva Must
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Extract

America’s increasing obesity problem requires federal, state, and local lawyers, policymakers, and public health practitioners to consider legal strategies to encourage healthy eating and physical activity. The complexity of the legal landscape as it affects obesity requires an analysis of coordination across multiple sectors and disciplines. Government jurisdictions can be viewed “vertically,” including the local, state, tribal, and federal levels, or “horizontally” as agencies or branches of government at the same vertical level. Inspired by the successful tobacco control movement, obesity prevention advocates seek comprehensive strategies to “normalize” healthy behaviors by creating environmental and legal changes that ensure healthy choices are the default or easy choices. With many competing demands on diminishing municipal budgets, strategic coordination both vertically and horizontally is essential to foster the environmental and social changes needed to reverse the obesity epidemic.

Type
JLME Supplement
Information
Journal of Law, Medicine & Ethics , Volume 37 , Issue S1 , Summer 2009 , pp. 45 - 54
Copyright
Copyright © American Society of Law, Medicine and Ethics 2009

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References

Ashe, M. et al, “Local Venues for Change: Legal Strategies for Healthy Environments,” Journal of Law, Medicine & Ethics, 35 no. 1 (2007): 138–147, at 138.Google Scholar
Hogan, R. Bullard, C. Stier, D. Penn, M. Wall, T. Cleland, J. Burch, J. Monroe, J. Ragland, R. Baker, T., and Casciotti, J., “Assessing Cross-sectoral and Cross-jurisdictional Coordination for Public Health Emergency Preparedness,” Journal of Law, Medicine, & Ethics, 36 no. 1, Special Supplement (2008) 36–41.Google Scholar
See Ashe, et al. , supra note 1, at 138.Google Scholar
Gostin, L. O. Pomeranz, J. L. Jacobson, P., and Gottfried, R., “Assessing Laws and Legal Authorities for Obesity Prevention and Control,” Journal of Law, Medicine, & Ethics, 37 no. 2, Special Supplement (2009): 28–36.Google Scholar
Bay Area Regional Health Inequities Initiative, Health Inequalities in the Bay Area, 2008, available at http://www.barhii.org/press/download/barhii_report08.pdf (last visited March 4, 2009), citing Wilkinson, M. Marmot, M., eds., Social Determinants of Health: The Solid Facts, 2nd ed. (Copenhagen: World Health Organization, 2003).Google Scholar
Wolf, S. Johnson, R. Fryer, G. Rust, G., and Satcher, D., “The Health Impact of Resolving Racial Disparities: An Analysis of US Mortality Data,” American Journal of Public Health, 94 no. 12 (2004): 2078–2081.Google Scholar
World Health Organization, “Health Impact Assessments,” available at http://www.who.int/hia/en/ (last visited March 4, 2009).Google Scholar
Gostin, L. O., “Law as a Tool to Facilitate Healthier Lifestyles and Prevent Obesity,” JAMA, 297 no. 18 (2007): 87–90.Google Scholar
National Center for Safe Routes to School on the Internet, National Center for Safe Routes to School Talking Points, available at http://www.saferoutesinfo.org/resources/collateral/srts_talkingpoints.doc (last visited on March 4, 2009).Google Scholar
National Surface Transportation Policy and Revenue Study Commission on the Internet, Transportation for Tomorrow: Report of the National Surface Transportation Policy and Revenue Study Commission, available at http://www.transportationfortomorrow.org/final_report/ (last visited March 4, 2009).Google Scholar
Safe Routes to School National Partnership on the Internet, “National Policy Change,” available at http://www.saferoutespartnership.org/national/45980 (last visited March 4, 2009).Google Scholar
Beaumont, C. E. Pianca, E. G., Why Johnny Can't Walk to School: Historic Neighborhood Schools in the Age of Sprawl, National Trust for Historic Preservation, October 2002.Google Scholar
Building Educational Success Together, Model Policies in Support of High Performance School Buildings for All Children, October 2006; Council of Educational Facility Planners International, United States Environmental Protection Agency, Schools for Successful Communities: An Element of Smart Growth, September 2004, available at http://www.epa.gov/smartgrowth/pdf/SmartGrowth_schools_Pub.pdf (last visited March 4, 2009); Chung, C., “Using Public Schools as Community-Development Tools: Strategies for Community-Based Developers,” October 2002, available at http://www.jchs.harvard.edu/publications/communitydevelopment/W02-9_Chung.pdf (last visited on March 4, 2009).Google Scholar
Testa, K. C., “Development of Joint-Use Educational Facility Agreements between California Public School Districts and Community Entities: A Cross-Case Analysis of Strategic Practices, Barriers, and Supportive Elements,” Unpublished Dissertation, University of La Verne, 2000; Vincent, J. M., “Planning and Siting New Public Schools in the Context of Community Development: The California Experience,” Unpublished Dissertation, University of California-Berkeley, 2006; Rizzuti, T. Silva, T., and Roop, M., Joint-Use Agreements: A How-To Guide (Sacramento: California Association of School Business Officials, 1997).Google Scholar
Food, Conservation, and Energy Act, H.R. 6124, 110th Cong. (2008).Google Scholar
National School Lunch Act, 42 U.S.C. § 1769 (2000).Google Scholar
Rosenbaum, D., Farm Bill Conference Agreement Contains Significant Domestic Nutrition Improvements, Center of Budget and Policy Priorities (May 2008), available at http://www.cbpp.org/5-8-08fa.pdf (last visited March 4, 2009).Google Scholar
Food Research and Action Center, “Fresh from the Farm: Using Local Foods in the Afterschool and Summer Nutrition Programs,” January 2008, available at http://www.frac.org/pubs/produceguide.pdf (last visited March 4, 2009); Farm to School Online Web site, available at http://www.farmto-school.org/ (last visited March 4, 2009).Google Scholar
Committee on the Consequences of Uninsurance, Institute of Medicine, Insuring America's Health: Principles and Recommendations (Washington D.C.: National Academy Press, 2004). “The lack of health insurance for tens of millions of Americans has serious negative consequences and economic costs not only for the uninsured themselves but also for their families, the communities they live in, and the whole country. The Committee urges Congress and the Administration to act immediately to eliminate this longstanding problem.”Google Scholar
Kaiser Commission on Key Facts, The Henry J. Kaiser Family Foundation, The Uninsured and Their Access to Care, October 2007, available at http://www.kff.org/uninsured/upload/1420_09.pdf.Google Scholar
The Kaiser Commission on Medicaid and the Uninsured, The Henry J. Kaiser Family Foundation, The Uninsured: A Primer, October 16, 2007, available at http://www.kff.org/uninsured/upload/2006_DATA%20_UPDATE.pdf (last visited March 4, 2009).Google Scholar
Id., at Tables 2 and 3.Google Scholar
Goodman, E., “The Role of Socioeconomic Status Gradients in Explaining Differences in US Adolescents' Health,” American Journal of Public Health, 89 no. 10 (1999): 1522–1528.Google Scholar
Holahan, J. Cook, A., “The U.S. Economy and Changes in Health Insurance Coverage, 2000–2006,” Health Affairs Web Exclusive, 27 no. 2 (2008): W135-w144, available at http://content.healthaffairs.org/cgi/content/abstract/hlthaff.27.2.w135 (last visited March 4, 2009).Google Scholar
Kaiser Commission on Medicaid and the Uninsured, The Henry J. Kaiser Family Foundation, “Data Spotlight: Unemployment's Impact on Uninsured and Medicaid,” 2008, available at http://www.kff.org/charts/042808.htm (last visited March 4, 2009).Google Scholar
Council on Sports Medicine and Fitness and Council on School Health, American Academy of Pediatrics, “Active Healthy Living: Prevention of Childhood Obesity through Increased Physical Activity,” Pediatrics, 117 no. 5 (2006): 1834–1842.Google Scholar
Whitaker, R. C. et al, “Predicting Obesity in Young Adulthood from Childhood and Parental Obesity,” New England Journal of Medicine, 337 no. 13 (1997): 869–873.Google Scholar
See, e.g., Health Insurance Portability and Accountability Act of 1996, Pub. L. 104–191, 110 Stat. 1936 (1996); Family Educational Rights and Privacy Act of 1974, 20 U.S.C. § 1232g (1974).Google Scholar
See, e.g., National Association of School Nurses, “HIPAAFERPA Information,” available at http://www.nasn.org/Default.aspx?tabid=146 (last visited May 17, 2008).Google Scholar
U.S. Department of Health and Human Services, Healthy People 2010: With Understanding and Improving Health and Objectives for Health, 2nd ed. (Washington, D.C.: U.S. Government Printing Office, 2000).Google Scholar
PricewaterhouseCoopers, “Working Towards Wellness: Accelerating the Prevention of Chronic Disease,” available at http://www.pwc.com/extweb/pwcpublications.nsf/docid/4D1FB58EAEB85B71852572C600707C0C (last visited March 4, 2009).Google Scholar
Heinen, L., “Obesity in (Corporate) America: Large Employer Concerns and Strategies of Response,” North Carolina Medical Journal, 67 no. 4 (2006): 307–309.Google Scholar
29 C.F.R. §2590.702.Google Scholar
Employee Benefit Security Administration, U.S. Department of Labor, Wellness Program Analysis, Field Assistance Bulletin No. 2008-02, February 14, 2008, available at http://www.dol.gov/ebsa/pdf/fab2008-2.pdf (last visited March 4, 2009).Google Scholar
See, e.g., Hailey v. California Physicians' Service, 158 Cal. App. 4th 453, 69 Cal. Rptr. 389 (2007).Google Scholar
Id.; Engbers, L. H. et al, “Worksite Health Promotion Programs with Environmental Changes: A Systematic Review,” American Journal of Preventive Medicine, 29 no. 1 (2005): 61–70.Google Scholar
Matson-Koffman, D. M. et al. , “A Site-Specific Literature Review of Policy and Environmental Interventions That Promote Physical Activity and Nutrition for Cardiovascular Health: What Works?” American Journal of Health Promotion, 19 no. 3 (2005): 167–193; see Engbers, et al. , supra note 36.Google Scholar
Medicare Modaernization Act of 2003, Pub. L. 108–173, 117 Stat. 2066 (2003).Google Scholar
America's Health Insurance Plans, January 2008 Census Shows 6.l Million People Covered by HAS/High Deductible Health Plans, available at http://www.ahipresearch.org/pdfs/2008_HSA_Census.pdf (last visited March 4, 2009).Google Scholar
Ogden, C. L. et al, “Prevalence of Overweight and Obesity in the United States, 1999–2004,” JAMA, 295 no. 13 (2006): 1549–1555.Google Scholar
Carnethon, M. R. et al, “Risk Factors for the Metabolic Syndrome: The Coronary Artery Risk Development in Young Adults (CARDIA) Study, 1985–2001,” Diabetes Care, 27 no. 11 (2004): 2707–2715.Google Scholar
Yancey, A. K., “Population-based Interventions: Engaging Communities of Color in Healthy Eating and Active Living: A Review,” Preventing Chronic Disease, 1 no. 1 (2004): A09.Google Scholar