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When the Affordable Care Act was upheld by the Supreme Court, several people commended the Court for refusing to remove the only social protection they had which was established and improved by the New Deal as well as the Great Society. The House of Congress agreed to allow certain states have a significant level of command on the way federal programs such as Medicaid were implemented on the condition that it would be free to set up and enlarge its planned national entitlement schemes (Brown-Nagin, 2013). A huge disagreement in the beliefs of federalism has been bared for all via the suits contesting the Obamacare mandate. A school of thought believes that the government should get involved even constitutionally in situations when certain states do not have individual capabilities to settle a particular dispute. This school also believes that the main reason why the Constitution clearly specifies national bodies is in order to give Congress the power to arbitrate joint problems faced by the states. I will call this school of thought collective action federalism, based on write-ups by Neil Siegel and Robert Cooter (Moncrieff, 2012). Health insurance packages specific to individual states make up the second biggest tenet of the ACA’s coverage enlargement. People living on incomes which are 138 to 400 percent poverty inclined are free...
These ACA establishments were based on a mechanism known as “partial preemption.” States would be given special funds by the federal government to design and implement its own insurance package. In cases where the state turns down this offer, the federal government will organize an organization which would carry this out.
Any insurance company which would operate in this package would need to give out basic health coverage and show capability of providing other forms of coverage in order to be seen as qualified. The ACA established a punishment via tax on anyone who didn’t procure their insurance covers via the packages. For the ACA to be formed, Congress left a lot of the brainwork to the executive. Over forty benefits of the ACA are subject to the reading of the laws and the giving out of official guidelines in accordance with the Administrative Procedure Act by the administration. Nonetheless, its other benefits enjoin federal officers to create programs and processes even though it doesn’t specify doing this using by official methods. By applying this method and several others, the national and state officials had the power to carve the ACA as they wish. In the latter part of year 2013, over seventy conclusive laws…
Affordable Care Act Legal Studies 101 Commerce Clause and the Affordable Care Act The Affordable Care Act (ACA) of 2010 was signed into law on March 23, 2010 and a number of provisions have already gone into effect and still others are scheduled to be implemented over the next four years (Henry J. Kaiser Family Foundation sec. 2). Probably the most controversial provision is the requirement that Americans who chose not to purchase
Health Care Law Unconstitutional Is the Health Care Law Unconstitutional? Take a position on whether the Healthcare Law is constitutional or unconstitutional and why? What are your arguments for feeling the way you do? On March 23, 2010 President Barrack Obama signed into law the Affordable Care Act. At the heart of this law, are series of regulations that are designed to reduce the most common challenges when utilizing different health care solutions.
Public Health: Countering Opioid Overdoses Problem The opioid epidemic is a severe public health crisis that must be attended to with urgency in the U.S. It has spread in due part to the problem of care providers over-prescribing strong and addictive opioids or pain relief to patients, who in turn become long-term opioid addicts (Brummett et al., 2017). Illegal opioids are also hitting the streets from other sources, compounding the problem; however,
Ethics for Counselors: Two Case Vignettes Case 1: What are the issues John is facing? What would an ethical counselor do? John is facing a serious issue of confidentiality. Nilusha is a minor who has admitted to drug use to John. It is not minor drug use either—but weekly use of cocaine and methamphetamines. This is a serious issue that has to be addressed. When Nilusha’s parents call to ask what is
Cui Bono? Lawmaking in the U.S. In the U.S. the sheer number of laws on the books virtually guarantees that their purported purpose will never be accomplished. In fact, in a number of cases, the purported purpose is simply a ruse for another ulterior motive. Why, for example, is the federal government still so opposed to legalizing marijuana, when so many states have accepted it outright as a legal recreational substance?
Medicaid Budget Analysis The author of this report has been charged with doing a budgetary analysis of the federal program that is known is Medicaid. While its counterpart Medicare focuses on helping those that have reached retirement age, Medicaid is geared more towards those people of any age that are encountering poverty and/or that have encountered a recent disaster like a hurricane or an earthquake. This report will answer several questions