The Affordable Care Act
Florida International University
BUL6810: The Legal Environment of Business
Directions: 3-Links below are to be used as Sources.
1. www.hhs.gov/healthcare/rights/law/index.html – Select 5 Major provisions to discuss ( See Oultine Below)
2. Regulations.gov Do a search for Affordable Care Act, (ACA)
and discuss Three existing regulations.
3. The Constiutionality of the ACA
4. National Ferderation of Business v. Sebelius
5. Burwell v. Hobby Lobby
6. Then the Conclusion
********** PLEASE FOLLOW THE SAMPLE BELOW*******
The Affordable Care Act
Make sure to write clear and concise sentences. Avoid writing wordy and lengthy sentences and do not use inflated words. Express your ideas as clearly as possible. Write a brief introduction (or at least two paragraphs) framing the topic being discussed; that is, the Affordable Care Act (ACA). You might want to define this landmark case and state when it was signed into law. Keep in mind that Dr. Mota (your main audience) is fully aware of this act, so keep your background information about this law as brief as possible in the introduction.
The second paragraph of your introduction should serve as a “roadmap” for your reader(s). State clearly what your paper will be discussing and write a concise Thesis Statement introducing the various subsections of your paper. For example, you might want to write a sentence like this – This paper will discuss five provisions of the ACA in addition to three existing/pending regulations. In addition, two important federal cases – National Federation of Business v. Sebelius and Burwell v. Hobby Lobby – will also be discussed in detail, as they impact the implementation of the ACA.
Five Provisions of the ACA
Write a brief introductory paragraph explaining the five provisions being discussed in this section. Briefly explain why you chose these specific provisions. In all cases, make sure to substantiate (support) your claim as to why you support or disagree with these provisions.
Provision 1. Mention the provision. Cite primary sources from whence you retrieved the information. What is your opinion about this provision? Explain your argument briefly and concisely.
Provision 2. Mention the provision. Cite primary sources from whence you retrieved the information. What is your opinion about this provision? Explain your argument briefly and concisely.
Provision 3. Mention the provision. Cite primary sources from whence you retrieved the information. What is your opinion about this provision? Explain your argument briefly and concisely.
Provision 4. Mention the provision. Cite primary sources from whence you retrieved the information. What is your opinion about this provision? Explain your argument briefly and concisely.
Provision 5. Mention the provision. Cite primary sources from whence you retrieved the information. What is your opinion about this provision? Explain your argument briefly and concisely.
Regulations of the ACA
Write a brief paragraph introducing the Regulations of the ACA (either existing or pending) to your reader(s). Remember that a single sentence does not a paragraph make!
Existing/Pending Regulation 1. Make sure to identify this regulation as either “existing or pending”. What do you think about this regulation? Be as specific as possible.
Existing/Pending Regulation 2. Make sure to identify this regulation as either “existing or pending”. What do you think about this regulation? Be as specific as possible.
Existing/Pending Regulation 3. Make sure to identify this regulation as either “existing or pending”. What do you think about this regulation? Be as specific as possible.
The Constitutionality of the ACA
Write a brief introductory paragraph addressing the constitutionality of the ACA. Make sure to cite “actual statutes and cases, and not only what others have said” (Mota, 2014). It is important to share your personal opinion about each of these cases. Do you agree or disagree with the decisions? With which justices do you agree or disagree? Explain. The last sentence of this paragraph should introduce (name) the two cases being discussed. For example, your sentence should be similar to this one – The following section will discuss two federal cases whose decisions
National Federation of Business v. Sebelius
Focus on the “constitutionality” of the ACA. Make sure to cite credible sources to support your claims.
Burwell v. Hobby Lobby
Focus on the “balance between religious freedom and healthcare” as it relates to the ACA. Make sure to cite credible sources to support your claims.
Consider writing at least two concise paragraphs wrapping up the entire content of this paper. Do not ramble! Get to the point! Start with general statements explaining your overall opinion about the ACA and summarize (in very specific language) what your stance is. Make sure to re-state BRIEFLY the reasons why you support (or disagree) with all (or parts of) the ACA. Do not rewrite previous sections of your paper. The key here is to SUMMARIZE your opinions for your reader(s) based on the evidence you gathered and understood from the sources you investigated. Make sure to end your concluding paragraph(s) with a persuasive statement.
Affordable Care Act, Volume Source § section number (2010). Retrieved from http://www.hhs.gov/healthcare/rights/law/index.html
Bruwell v. Hobby Lobby, 573 U. S. ____ (2014). Retrieved from www.supremecourt.gov
With an aim of increasing the population of individuals covered by health insurance as well as reducing the costs of health services, the Congress in the year 2010 made a huge step forward by enacting the Patient Protection and Affordable Care Act. After contesting within the courts, the law was upheld in 2012 June 28. The provisions are sensitive to the American population since it requires each individual to be covered to at least the minimum essential health cover and this is important in the field of public health. The Medicaid intervention is also a significant program that seeks to help the needy and disabled populations within the society get health care services. This paper focuses in discussing five provisions of the ACA along with three regulations within it. The contest on the constitutionality of the ACA is an important debate that has elicited divergent views. There are two vital federal cases that will influence the implementation of the ACA, the National Federation of Business vs. Sebelius with Burwell vs. Hobby Lobby and this have been discussed in detail. They help illustrate divergent views over the enacting of ACA.
Five Provisions of the ACA
The five provisions to be discussed include those touching on revenue credits, implementation of transparency and integrity, improving the workforce within health institutions, while the quality as well as efficiency enhancement and the last is the affordability along with the quality of services being provided. These provisions have been targeted as they affect all populations within the country as well they cover significant sectors of health care for instance financial, workforce and patient issues. They are meant to ensure that health services are affordable, efficient as well as of high quality, the workers are skilled and that transparency is maintained in all processes (Department of Human Health Services, 2010). It is important to note that health reforms are big field requiring commitment and these provisions are significant in ensuring the success of reforms in the health sector.
Quality Affordable Health Care for all Americans; this provision helps making the population to become in charge of their health by ensuring that premium costs are reduced (Department of Human Health Services, 2010). Additonally, it puts preventive care on the front line and ensures that a person receives any health services regardless of the premiums. In my opinion, this is the right way to go as the consumer is gaining power over insurance firms. For some period, the insurance field has been oppressive barring people from taking various covers, especially the middle and low-income populations. It is essential for populations to acquire health services without being discriminated within financial circumstances.
Improving the Quality and Efficiency of Health Care, cost effective measures aimed at reducing wastage are significant within the health field. This provision is vital as it ensures that health services are accessible to all populations, including the rural areas (Department of Human Health Services, 2010). The intervention is encouraged since people will be accessed to basic care that will alleviate chronic illnesses. This will reduce huge expenditures by both the patient and the government by decreasing the number of diseases that could be treated within the local health systems. Health reforms should start by ensuring that all people are accessed to health services and that the services provided are of high quality regardless of patient status.
Healthcare Workforce; this provision is meant to enhance the number of health professionals within primary care systems through provision of scholarships and loan interventions (Department of Human Health Services, 2010). This provision is important in the healthcare system as it ensures the health system is within high standards. There is no way quality as well as efficient health services be available without professionals with adequate skills. The country has always faced shortages of health workers thus this avenue is important as when accessibility of healthcare is being increased then the numbers of health workers need also to be increased.
Transparency and Program Integrity; the provision ensures that health professionals give patients the priority in making decisions (Department of Human Health Services, 2010). For a long time, even at present, many patients do not know about their rights. In many circumstances, the health worker was involved in offering the direction of the service as well as the outcomes of a given intervention. The sick have been voiceless taking the minor role and this provision is significant because it brings transparency within the service by giving patient power over health decisions. It is important to note that patients will be educated on their conditions as well as their rights making them vital within service provisions. In addition, the relationship between the doctor and the patient will strongly enhance making health institutions a welcoming place and encouraging patient satisfaction.
Revenue provisions: this role of the treasury department is involved in ensuring that the less fortunate or the middle-income families access health care through tax exemptions for families with an income of less than $250,000 (Department of Human Health Services, 2010). In my observation, this provision is significant in ensuring affordability within the health care system. Many population due to less incomes look for the cheapest services, thus when they are given tax credits they will have the chance to enroll for health premiums. The cost of health services has always soared high while the government understands that the best mitigation measure is through the communities acquiring insurance cover it essential that this provision implemented to realize this objective.
Regulations of the ACA
ACA comes with various regulations that people should observe in ensuring its success. Some of them are currently being implemented while others are still pending waiting for final decisions. It is important that people read and understand all the requirements within the regulations for them to be conversant with their responsibilities.
Requirements for Group Health Insurance Market: This is a proposed regulation while the part of automatic renewing of covers is an important one (Regulations.gov, 2014). In addition, guaranteed accessibility to coverage is an important aspect within this requirement as it allows coverage of the dependants. This regulation is an important one as it ensures all members within a family are covered for health services and that people are directed to the right choice of cover.
Shared responsibility of Employers: this entails the final details by the treasury department requiring that all employers share the role in ensuring that their workers are covered (Regulations.gov, 2014). This is an essential requirement as insurance through private approach is seen to be very expensive. It is important to recognize that employees spend a lot of time in the workplace and they are exposed to various health hazards in the process. This makes it vital for the employer to come in and help ensure the safety of their workers through helping them pay their premiums.
Coverage of Important preventive Services: this regulation is an important one ensuring that people are not only covered for treatment services but also preventive ones that help accelerating various conditions into adverse events (Regulations.gov, 2014). The prevention of conditions that increase health threats is vital in ensuring a healthy nation.
The Constitutionality of the ACA
Various cases have been filed within the courts requiring direction on the constitutionality of the ACA law. Cases where judgment upheld the ACA law although appeals have been lodged include Liberty University v. Geithner, Mead v. Holder, Thomas More law Center v. Obama and Physicians Hospital v. Sebelius. I am in support of these decisions as I am of the view that health reforms will be attained with the ACA law. The patient has for a long time been voiceless due to oppressions within the health system, thus giving him power through this act will align the system. The following section will discuss two significant cases whose decisions will greatly determine the success of the ACA. These include cases involving Burwel v. Hobby Lobby as well as National Federation of Business v. Sebelius.
Burwell v. Hobby Lobby
The contested issue here entails regulations instituted by Health and Human Services Department (HHS) within ACA provisions requiring that workers groups provide preventive care along with health screening without any cost sharing requirements§300gg-13(a)(4). The congress had not detailed out the vital preventive services to be offered leaving the mandate to HHS. The other employers were to give the 20 various contraceptive schemes even though religious bodies are excused. With this, insurance firms have the obligation to exempt coverage of contraceptive services from their insurance plans (Supreme Court, 2013).
The Religious Freedom Restoration Act (RFRA) 1993 makes it illegal for the government to burden an individual with a different religious background even when the law is applicable to the public unless it illustrates that the action is within government interest while it is the least restraining way of a successful government interest. §200bb-1(a)(b). It is significant to note that workers should not be denied rights including healthcare because their religion is different from the organizations (Supreme Court, 2013).
Judges had dissimilar opinions but the judgment with the majority opinion with unity pulled down the role of HHS within religious institutions where contraceptives were to be provided without employees consent. The RFRA was cited showing that that approach could not be regarded as least restrictive in execution of the government’s obligations. This illustrated that employers as well as the workers were to attain their freedoms within the RFRA. The Hobby Lobby had a good stand as already the HHS is currently being exempted NGOs from paying contraceptive charges and they are covered separately (Supreme Court, 2013).
It is important that the court acknowledged that discrimination for instance on race could be cloaked because of organizations avoiding to be sanctioned. The freedom of healthcare is distinguished from other obligations of citizens for instance payment of taxes that is a mandate of each individual regardless of religious backgrounds. It is important that the government settle on ensuring religious rights are implemented according to the laws as well as ensuring that healthcare regulations are implemented in relation to religious affiliations. In instances where health expenses are not provided by the organizations it is vital for workers to be provided with alternatives for fulfillment of their interests for instance through increased pay.
The ruling was a huge setback for the implementation of the ACA that encouraged workers and the general population to have control over their health. Most of the religious companies have employees from different religious backgrounds and this need to be acknowledged. There is need to come up with regulations that are religion sensitive in that in circumstances like this women are catered for without discrimination from other populations. Even though this case was only within the provision of contraceptives, it is essential to note that it may extend to other areas if control measures are not established.
National Federation of Business v. Sebelius
The enacting of ACA brought about many criticisms from different bodies reflecting its unconstitutionality. The merger of all relevant cases resulted into this single one citing some provisions that went against the rights within the constitution. Some of the contentious issues include the individual mandate of acquiring essential health services where those without employer support must opt for private firms to cater for their premiums. A suggestion for penalty submissions involving people who did not take the opportunity at the start the year 2014 is available (Supreme Court, 2012).
The expansion of the Medicaid is also a contentious issue at the present is offering funding to states for the less fortunate and disabled within the community while the expansion increases the population to be covered. The expansion requires that all states comply to it failure to which all funding is lost. Eleventh Circuit maintained that Congress had the supremacy to expand the Medicaid intervention but they had no ability to implement the individual mandate. There is an aspect of affirmation as well as reversion within the judgment (Supreme Court, 2012).
The insight of Justice Roberts about the Anti-Injunction Act was maintained in that the collection along with assessment of tax will remain the responsibility of the courts where a person could pay as well as sue to be refunded. In addition, individual command was recognized as not the responsibility of the Congress. It is essential to note that the Congress already has the authority in regulating the actions of people and giving them the mandate to control what people did not do was unconstitutional. I agree with the opinion of Roberts stating that if the congress is to ensure that ACA is regulated it could employ mechanisms like enforcing tax payments to those who do not observe it. Threatening states with sanctions is not the right way to go as it violates the rights of citizens contained in the constitution
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