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Implementation of the Affordable Health Care Act in State of Kansas Term Paper

… Affordable Healthcare Act in State of Kansas

Access of care and to drop the cost

Expansion of health insurance coverage in state of Kansas

Establishing the health insurance marketplace

Increasing access to Medicaid

Providing new coverage options for young adults

Covering preventative services

Unreasonable premium increases

New Care Act support preventing illness

Promoting health

The Grants that Kansas received

The Patient Protection and Affordable Care Act of 2010 faced opposition by the members of forty five state legislators. The constitutional amendments were also proposed by the members. The states even after opposing the reforms sought grants and some of them returned the grants. Kansas was among the states that returned a grant of $31 million given under the Early Innovator Program. The American healthcare system…. [read more]


Affordable Health Care Act Impact Thesis

… By law, persons who for religious or other reasons are unable to join these schemes are exempted. According to Scott (2013)

, it is this duty of individuals that makes universal coverage possible. Without this legal mandate, a large number of persons who are healthy would not see value in risk pooling and thus would not enroll for insurance coverage. Similarly, private health insurance would not eliminate discriminatory pricing that favor the healthy individuals. Private insurance providers cannot protect themselves from adverse selections since they have a duty to provide insurance to all individuals.

As suggested by Genevieve et al. (2012)

, the ACA is basically a three-legged stool that connects the broken ties between employers, private health insurers and individuals. The first stool leg…. [read more]


Affordable Care Act of 2010 Essay

… Although today Romney shies away from discussing that healthcare legislation -- he wants to appeal to the Tea Party and to conservatives by opposing Obama's plan, which is nearly identical to the one he got passed in Massachusetts -- the fact is the Massachusetts health plan -- passed by a Republican governor in cooperation with a Democratic state legislature -- is still in place in that state and it is very effective, according to objective news reports.

Gruber (National Tax Journal) reports that in fact there has been "…a dramatic expansion of health insurance coverage" in Massachusetts. One survey shows that there had been a "60% decline in the uninsured since 2006"; but in contrast, during that time the national population that was uninsured rose…. [read more]


Affordable Care Act Legal Studies Term Paper

… Depending on how this fee is defined, whether it is a penalty, tax, or something else, may determine whether the Anti-Injunction Act (AIA) applies. The AIA is relevant because it contains a ripeness provision that prevents courts from getting involved in suits designed to forestall tax collection before any attempt to collect a tax has been made. In Liberty University v. Geithner the 4th Circuit Court was divided over this issue. In a separate case the 6th Circuit declared it a penalty and therefore not a tax. The D.C. Circuit is currently hearing arguments over this issue in Seven-Sky v. Holder. Whether the ripeness provision of AIA applies may be an issue the U.S. Supreme Court will take under consideration.

Commerce Clause

The ACA was…. [read more]


Supreme Courts Decisions Regarding the Affordable Care Act Essay

… Supreme Courts Decisions Regargding the Affordable Care Act

Ramifications of the Affordable Care Act

The Supreme Court's decision regarding the Affordable Care Act will have a significant impact on a number of different people affiliated with the healthcare system in the United States. Chief among these is patients, who will have substantially greater access to treatment and resources pertaining to treatment. School children will benefit from this act due to its correlation with funding to the School-Based Health Center Capital Program, which is projected to disseminate approximately $200 million dollars from 2010 to 2013 to school-based health care programs. In the latter part of 2011, over $14 million dollars was allotted to school-based health care centers throughout the nation (HRSA 2011). Subsequently, children with debilitating…. [read more]


Affordable Care Act Impact Political Essay

… As such proper disclosure was lapse within the scandal. In many instances, such grievances should immediately be reported to the proper athourities. However, the IRS is the primary authority and therefore the scandal erupted unbeknownst to many of the top political leaders. In order to prevent this problem in the future, proper oversight and disclosure must be tightened (Fang, 2006).

This is very important as it relates to health care overall. Lawmakers often crafted financial subsidies available under the health law as tax credits. These tax credits, as referenced by the recent scandal must have proper oversight in order to be effective. The agency already administers another major social program, the earned income tax credit, which long ago surpassed welfare as the main source of…. [read more]


History of Health Care Mandate Essay

… 5 million.

Conclusion

The U.S. Supreme Court's recent decision regarding the constitutionality of the ACA has sent ripples through American society. Although the debate regarding the legislation continues, consumers, employers and insurers must prepare themselves for the implementation of the act. Because of the Supreme Court's decision the ACA has become established law and, barring further action by Congress, the various provisions of the Act will gradually go into effect and everyone must be prepared to adjust their behavior in accordance with the legislation.

The battle over the availability of universal health care in the United States has been prolonged and acrimonious. Legislation has been enacted that addresses the issue but it has not ended the debate. Presently, the evidence as to the viability of…. [read more]


Healthcare Legal Issues: Care Research Paper

… Under such circumstances, doctors generally have patients sign waivers giving up their rights to full disclosures. If the patient had prior knowledge of the risks (having undergone the surgery or procedure previously), or if the risks are common knowledge (such as pain following suturing a wound), there is generally no duty to repeat or expressly inform of these risks.

Measuring the Duty to Inform

The professional standard (for judging the scope of a doctor's duty to disclose) is alternately referred to as the community standard, the professional community standard, or the reasonable physician standard (Davis, 2002). It generally asks what would a reasonably prudent physician with the same background, training, experience, and practicing in the same community, have disclosed to a patient in the same…. [read more]


Affordable Care Act Can We Learn Term Paper

… ¶ … Affordable Care Act

Can We Learn From ACA Implementation and Improve the Law?

Most important aspects

One of the most important aspects of the article is that the Obamacare program that has been implemented in each state is essentially different. This is because the Supreme Court passed a ruling that allowed states to decide whether they wanted to adopt the Medicaid expansion. Many governors also waited for the election results to be announced before making the decision on the expansion. In addition to this, the author states that the ACA places a fundamental burden on states since they are responsible for implementing and administering the program in their state. This is what is anticipated to bring about variation in the implementation as states…. [read more]


Affordable Care Act Instructions Essay

… Such legislation is within Congress's power to tax.[footnoteRef:4]" In other words, it is within the power of Congress to shape public policy through taxation, as it already does by taxing certain classes of persons and behaviors differently from others. [3: Klein, 2012] [4: Mike Sachs, "U.S. Supreme Court healthcare decision: Individual mandate survives," Huffington Post, 28 Jun 2012, [4 May 2013] http://www.huffingtonpost.com/2012/06/28/supreme-court-health-care-decision_n_1585131.html]

From the point-of-view of the healthcare system, the ACA is an important step forward. Far too many Americans are uninsured, and rely upon emergency rooms as their primary centers of care. The ACA will make healthcare coverage more affordable for a wider number of Americans by broadening the risk pool to include healthier, younger adults and it also relieves many Americans of the…. [read more]


Affordable Care Act Constitutionality Essay

… Hamilton would point to the dire consequences of not doing so: continuing medical bankruptcies and spiraling healthcare costs. Only with government regulation of healthcare can the nation run efficiently. Given his support of industry, Hamilton would also likely support the compromising nature of the Affordable Care Act. It forces businesses to act with greater compassion, but does not turn over the administration of healthcare solely to the government.

In contrast, Thomas Jefferson "advocated a decentralized agrarian republic. He recognized the value of a strong central government in foreign relations, but he did not want it strong in other respects" (Hamilton vs. Jefferson, n.d., U.S. Department of State). Jefferson would likely see the requirement that all citizens purchase healthcare to be an unwarranted intrusion into individual…. [read more]


Determination of Federal Court Term Paper

… Similarly, states' interests in potential life will only are compelling when there is a viable possibility for the sustained survival of a fetus outside the womb. Therefore, states may only prohibit abortion after viability except when it is vital to protect the health or life of a woman.

3. Origin of the Professional Standard of Care

Medical professionals have been the key engine for the development of the Professional Standard of Care. After the Second World War, massive funding of biomedical studies in academic healthcare centers and increased third party payments greatly improved the prestige and power of medical specialists. Medical professionals concomitantly developed an interest in the quality of medical practice. The professionals specifically wanted to sustain control over the definition of content and…. [read more]


Health Care Law Unconstitutional Essay

… Four court cases that are currently being debated by the judicial system include: Florida v. U.S. Department of Health and Human Services, Commonwealth of Virginia v. Kathleen Sieblus, Seven Sky v. Holder and Thomas Moore Law Center v. Obama. In Florida v. U.S. Department of Health and Human Services, 26 states are challenging the right of the federal government to purchase health insurance. They believe that this is beyond the scope of power given to the federal government. In 2011, the U.S. District Court and Federal Appeals Court ruled that the Patient Affordable Care Act is unconstitutional. (Barnet, 2011, pp. 1 -- 236) (Willis, 2012, pp. 114 -- 129)

The case involving Commonwealth of Virginia v. Kathleen Sieblus challenged the power of the federal government…. [read more]


Federal Healthcare Policy Howlett ) Essay

… Specifically stated of the ACA is as follows: "While expanding Medicaid's basic eligibility standards, the ACA does not disturb the states' autonomy and freedom to experiment that has always been a hallmark of the program." (Harkness, 2005)

II. Opposition to the ACA

The Supreme Court is reported as having "largely upheld President Obama's health care law, the Affordable Care Act, in a mixed decision. The conservative chief justice, John G. Roberts, joined the majority in affirming the central legislative accomplishment of Mr. Obama's term." (The New York Times, 29 Jun 2012) However, the report states that Chief Justice Roberts

"ruled that the key provision in question, the so-called individual mandate requiring all Americans to buy insurance or pay a fine, failed to pass constitutional muster…. [read more]


Obama Care Plan Health Term Paper

… According to Congressional Budget Office the plan will help reduce deficit by a startling $138 million over ten years (Health Care Reform, 2012). Although the statistics are subject to debate but the new plan ensures that costs are not distributed evenly but the plan actually helps in curbing the overspending crisis currently present in this particular industry. By cutting on the deficit our modern citizens can use money from bank at lower prices and bridging the deficit will help in improving the economic and employment status in the country.

Another extension of this argument is that Obama's plan helps curtail overpayment to insurers. In Bush's administration overpayment was of such nature that insurers were being subsidized for which the economy got nil benefits in return.…. [read more]


Health Care in the U.S Term Paper

… The Spanish System

The health care system in Spain is still reeling from the recent global recession. High unemployment rates are expected to continue, which places a strain on the ability to support the national health care system (OECD, 2011b). The ability of the national health care system in Spain to provide services depends on an inflow of taxes from the people. Anything that harms the economy also harms the national health care system. The same is true in the United States, only the impact is not as great, because the system is not entirely dependent upon government funds.

The national health care system and Spain is known as the SNS. It is operated by the National Ministry of Health and Social Policy. It is…. [read more]


Canadian Health Care System Research Proposal

… Canadian Health Care System

There are hundreds maybe even thousands of different opinions and studies that have been done over the years, on the advantages and disadvantages of Canada's health care system. The disadvantages tend to focus on the significant problems throughout the system. The one that tops most lists, as one of the biggest problems, is the waiting time for medical care. To focus on this problem and to explain some of the measures that have been and still need to be completed, we first need to understand the basics of the Canadian Health Care System.

Canada's health care system has been a work in progress since its inception. Reforms have been made over the past four decades and will continue in response to…. [read more]


Effect of Illegal Aliens on California's Healthcare System Term Paper

… ¶ … ILLEGAL ALIENS on CALIFORNIA'S HEALTHCARE SYSTEM

The Pew Hispanic Center estimated in March 2005 that the illegal alien population in California was 2.4 million in 2004. The impact on business, public schools, criminal justice system, and health care has been enormous. Statistics show that 63 California hospitals closed in the ten-year period between 1993 and 2003 because half of their services were unpaid because of services required under the Emergency Medical Treatment and Active Labor Act (EMTALA). (Cosman, 2005; paraphrased) These statistics show that many clinics and general practitioners do not have a hospital dedicated to their area of service. Because of the diseases that the illegal alien immigrants are bringing to the United States, it is imperative that private practitioners develop some…. [read more]


Affordable Housing and the Use of Exclusionary and Inclusionary Zoning Term Paper

… AFFORDABLE HOUSING & THE USE OF EXCLUSIONARY AND INCLUSIONARY ZONING

In the past few decades, the lack of affordable housing in the United States has emerged as a crisis effecting low-income residents, government agencies and municipalities, and real estate developers alike. The lack of available affordable housing has increased in the past few years, as a result of zoning ordinances and governmental zoning powers that are supported and upheld by the courts. While there are no immediate solutions to this problem, a number of legal scholars have examined the relevant cases and have written extensively on the subject. Affordable housing is defined in the legal context as housing for which the mortgage or rental payments, related taxes, insurance and utilities, do not exceed thirty percent…. [read more]


Sky v. Holder Susan Seven Term Paper

… The Court argued that although requiring the purchase of health insurance was an encroachment upon individual liberties such encroachment was no more grievous than requiring hotels and restaurants to serve all customers regardless of race, "… is no more so than a command that restaurants or hotels are obliged to serve all customers regardless of race, that gravely ill individuals cannot use a substance their doctors described as the only effective palliative for excruciating pain or that a farmer cannot grow enough wheat to feed his family. The right to be free from federal regulation is not absolute, and yields to the imperative that Congress is free to forge national solutions to national problems (Key v. Holder, 2011: pp.36-37)."

Although the D.C. Circuit Court's decision…. [read more]


Administrative Law and Health Reform Essay

… On the state level there are similar problems. States must create new insurance exchanges that offer consumers a choice of insurance plans, establish common rules regarding the offering and pricing of insurance, and provide information to assist consumers in understanding the options available to them. States must also establish high risk pools that provide a safety net for the medically uninsurable population. These safety nets will ensure that these individuals are able to procure private health care insurance that is both unrestricted and offered at a reasonable premium rate. Finally, the states must be prepared to handle the increased numbers that will result due to the near universal availability of health coverage. With all these new requirements it is easy to see why there are…. [read more]


Patient Protection and Affordable Care Act Essay

… PPACA

The Patient Protection and Affordable Care Act (PPACA) is a federal U.S. statute dealing with health care. This act was passed by the Congress and signed into law by President Barack Obama on March 23, 2010. The law constitutes the principal health care reform legislative action of the 111th United States Congress ("Msnbc.msn.com"). Public Law 111-148 was the first installment of this body of legislation and signed into law by President Barack Obama on 3/23/2010

("Public law 111 -- 148," 2010) This was amended by Public Law 111-152 when it was signed by the President on 3/30/2010 ("Public law 111 -- 152," 2010).

This complicated new body of legislation leaves many questions unanswered in terms of its impact upon physicians and specialists. However, there…. [read more]


Health Care: The Next Twelve Essay

… In 2012, he may begin to change national policies. Former U.S. Solicitor General Paul Clement, who was originally appointed by George W. Bush, has been in front of the Supreme Court over 50 times - and he is now the lead attorney in the case that seeks to overturn the health care law. If the health care law does continue and is enforced, it is likely that corporations will increase their employees' co-payments, out-of-pocket maximums, and deductibles. In order to see the law upheld (or overturned), five Supreme Court justices must agree on the constitutionality of the individual mandate. It seems likely that the Supreme Court will not uphold the law, but that still remains to be seen. Currently, though, only around 34% of Americans…. [read more]


Warren vs. Rehnquist Term Paper

… Roberts also oversaw House v. Bell, a "decision that freed many innocent men…. [allowing] DNA forensic evidence found after a death penalty conviction can be used to overturn a conviction" and thus expanding the rights of condemned criminals to reflect changes in technology (Sprung 2013).

However, Roberts was a dissenter in the Supreme Court's decision to overturn the Defense of Marriage Act, a controversial law banning states from allowing same-sex marriage. "In striking down part of the Defense of Marriage Act of 1996, a 5-to-4 majority of the Supreme Court overturned a law that denied federal benefits to same-sex couples. The decision does not guarantee a right to same-sex marriage, but it allows people who live in states that allow same-sex marriage to receive the…. [read more]


Policy Analysis on the Oregon Death With Dignity Act Term Paper

… Policy Analysis of Oregon's Death With Dignity Act

David Gil's writings have helped the public understand the true scope of the new Oregon Assisted Suicide law, and as a result, the percentage of Americans who say that doctors should be allowed to help with suicide when the patient and the patient's family request it has doubled to 70%.

The fact that Oregon's law was a citizen's initiative that passed and other facts concerning physician-assisted suicides that have surfaced recently signal a renaissance of activism on the part of citizens who wish to change existing law on that topic. Even with the new Oregon law, it is not easy to participate, as there are requirements that make it difficult to obtain permission.

David Gil's Policy Analysis…. [read more]


Minor Consent to Medical Treatment Term Paper

… " (Dugas, 1998) This change also allows an unemancipated minor to contract in Louisiana. Looking at the "dollar amounts spent yearly by minors and the large number of minors in the workforce suggest that young persons can and do contract daily. The code itself recognizes that unemancipated minor's contract, and a series of articles deal specifically with this area." (Dugas, 1998)

Thus even unemancipated minor, rather than being unable to contract, in fact has "the sword of contract and the shield of nullity." (Grodin; Glantz, 1994) The provisions of capacity now makes it possible for minors in general terms to enter into contracts and in special circumstances their consent is valid in medical services. The other laws would also follow suit, for example abandonment. Where…. [read more]


Oregon Death With Dignity Act Policy Analysis Term Paper

… Oregon Death With Dignity Act

Policy Analysis

The Oregon Death with Dignity Act as has been said before can be analyzed in terms of David Gil's Policy Analysis Framework. (Gil, 1976, pp. 31-56) Gil's analysis framework consists of three main objectives: 1) issues constituting the focus of the policy, such as its nature, scope and theory, 2) the objectives, values and ideological orientation of the policy, underlying theories, target population and the manner in which it is effected, as well as the financial costs and benefits, quality of life, historical background of the policy, the size, resources and values of the group supporting the policy, and 3) alternatives to the policy. (Gil, 1992) the policy analysis is an essential aspect of understanding with regard to…. [read more]


Health Care Laws Essay

… Healthcare Law

Informed consent is the doctrine wherein patients can only consent to certain procedures if they have been informed of, and understand, and assent to, the risks involved. Medical staff cannot simply do as they please -- they need to get consent from the patient, but the patient needs to be informed, and understand to what they are consenting.

The doctrine of informed consent is relatively new in health care law. A famous narrative with respect to informed consent is the story of Henrietta Lachs, a black cancer patient whose cells were harvested without her consent. Those cells are the most common cells used in medical research, which highlights the ethical dilemma of informed consent. Had the doctrine existed, she might never have given…. [read more]


Health: Canadian Health Care Term Paper

… Health: Canadian Health Care

THE CANADIAN HEALTH CARE SYSTEM Canadian Health Care Philosophy:

Canada maintains a national health care system founded on the principle of providing necessary medical and other health care services to its citizens based on need and without regard to their ability to pay for services. The expressed goal of the Canadian government is for Canada to be one of the countries whose citizens are among the healthiest worldwide. According to the Canadian Royal Commission on Health Services Report (1965):

The principle which has dominated our thinking is that money spent on essential health care is money well spent, an investment in human resources that will pay handsome dividends not only in terms of economics but in human well-being."

Central to achieving…. [read more]


Woman Clings to Hope Term Paper

… The current case would serve to set precedence for future cases involving the issue of dead person's sperm. However, until these changes are made and the court continues to rule against the girlfriend's use of the dead fiancee's sperm, the nurses and medical profession are in the middle of the controversy.

There are many levels of decision making in this case. The first level to consider is the patient. It is a given that human beings have the right to determine what is best for themselves and their own bodies. It is generally agreed that to do otherwise strips a person of basic human rights. It is the job of the clinical nurse to preserve that right to choose for the patient. It may be…. [read more]

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