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610lesson.docx· Introduction
This week you will begin an examination of policy implementation. This section examines the relationship between the policy making process and the implementation of government programs and operations.
Policy Process
For the sake of simplicity, we will look at the procedure for federal law. Remember, this may be somewhat different at the state and local levels.
The University of Texas at Austin shows the public policy process as a cycle with the most common steps included as
· Problem identification
· Agenda setting
· Policy making
· Budgeting
· Implementation
· Education
While various sources have various steps noted and may use different names, most follow the same procedure. You can begin anywhere in the cycle, but I will begin with the identification of the problem.
A policy problem exists because there is a need or a dissatisfaction with the current state of affairs. People begin to look for alternatives and find a place on the agenda so the issue can be presented. Once the issue is on the agenda, those who create policy put the alternative they wish to implement before Congress and the alternative goes through the process of becoming accepted.
Congress has a detailed description of how laws are made to help you learn about the legislative process.
At the federal level, this process requires congressional and presidential action and is defined in Article 1, Section 7 of the U.S. Constitution. While it has become more complicated with many more details the basic idea is that it has to pass both houses of Congress before going to the President for a signature. If the President vetoes the bill, it is returned to Congress. Congress can override that veto by passing the bill again with a two-thirds majority, in which case the law becomes a law without the President’s signature. The president might also take no action. After ten days (not including Sundays), the bill becomes a law, but only if congress is still in session.
Complicated, I know. However, the process isn’t yet complete.
Congress must also provide appropriations before money can be spent on the new law. This brings issues of its own as the only money Congress has to spend is money it collects in taxes and fees (which are generally paid by the people) or borrows (which increases the debt).
This leads to implementation of the policy, in which the executive branch carries out the new law. As the law begins to affect the people, Congress and the General Accounting Office (GAO) evaluate what they have done. Outside entities, such as think tanks, the media, and citizens also evaluate how the law has worked or not worked. In addition to examining the intended effects of policy, these groups examine the unintended consequences. For example, in one area, taxes might be raised so much that people who are working leave the area in greater numbers than before. This could result in a net loss of tax income since there are fewer taxpayers to pay the taxes.
Implementing policy
Often, policy is implemented in stages. If you’ll recall the theory we reviewed, you’ll remember that Lindblom (1959) accepted that there was not a simple, one-right-answer approach to the process of public administration and named the process “muddling through.” He is known for incrementalism, which is simply implementing policy a little at a time. Lindblom assumed that decision-makers could state the ends then analyze the means needed to obtain these ends. This incremental implementation allows for a succession of comparisons, taking one step at a time toward the final goal.
Humans fear change. Even when everyone admits a change is needed and agrees on the change that needs to be made, that change can be very scary. Incrementalism allows that change to be made in small “bites” rather than all at the same time.
An Example
The Affordable Care Act had some incrementalism in its implementation.
In June 22, 2010, remarks, President Obama explained some of the steps of the implementation of the Affordable Care Act. (The White House, 2016). At that time, business owners had received notice they would be eligible for a tax cut to help ensure employees and seniors who needed help covering prescription medicines began receiving money to purchase medicines. Adults were allowed to stay on their parents’ health insurance until age 26 and an insurance pool was to be available.
By 2014, an insurance exchange was to be available for those who did not have other options. Those without insurance by the deadline would be charged a $99 fee. This fee would increase over time.
As the plan becomes more fully implemented, “risk mitigation” programs expire. These programs were to protect insurers from huge losses connected with covering more people who are sicker at lower rates than would cover the losses. Since the insurance companies cannot stay in business while losing money, they will probably continue to increase costs to the consumers. The insurance premiums for the silver plan (the middle plan) rose by an average of 11% with higher deductibles in 2016. This meant an increase in costs for those not receiving subsidies. These costs are expected to increase more in 2017 due to the increase in the cost of health care as the act was implanted.
With a new Trump administration, these are likely to change. Think about how that might manifest itself. Do you see the changes coming in increments or in one sweep? Which might be better for the population?
Whether policies are implemented all at once or incrementally, it is important to review their effects, both intended and unintended, to determine if they should be changed, either by slight adjustment, major redirection, or complete reversal. Consider how each method of implementation can have both positive and negative effects.
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Affordable Care Act. (2016). The affordable care act, section by section. Retrieved from http://www.hhs.gov/healthcare/about-the-law/read-the-law/index.html
Hayes, W. (2002). The public policy web. Retrieved from http://profwork.org/pp/formulate/inc.html
Lindblom, C. E., (1959). The Science of "Muddling Through" Public Administration Review, 19(2), 79-88. doi:1. Retrieved fromhttp://www.jstor.org/stable/973677
National Archives. (2016) The Constitution of the United States: A Transcription. Retrieved from https://www.archives.gov/founding-docs/constitution-transcript
O’Donnell. (2015, December 16). State by state data show bigger 2016 exchange premium, deductible jumps. USA Today. Retrieved from http://www.usatoday.com/story/news/nation/2015/12/16/state-state-data-show-bigger-2016-exchange-premium-deductible-jumps/77353890/
Pianin, E. (2016, April 21). Get ready for huge Obamacare premium hikes in 2017. The Fiscal Times. Retrieved from http://www.thefiscaltimes.com/2016/04/21/Get-Ready-Huge-Obamacare-Premium-Hikes-2017
Sidic, Y. S. (2013). Policy: Stages of Policy Making. Retrieved from http://www.slideshare.net/yhamskiey/policy-making-process
The University of Texas at Austin. (n.d.). The Public Policy Process. Retrieved from http://www.laits.utexas.edu/gov310/PEP/policy/
