Abstract bands which are different sets of groups lumped

Abstract

Health insurance remained
discriminatory since 1965 until the enactment of the Affordable Care Act (ACA)
in 2010. The changes to the health insurance laws have allowed nearly 40% of
the previously uninsured persons’ access insurance and improved the health of
the population. The Obamacare as it is commonly referred to, has ensured the
uninsured and marginalized groups based on their medical history or poverty
levels were forcefully integrated into the insured bracket to increase the
number of insured persons across the globe and expected to attain full
insurance by 2019. The legislation has allowed for the radical reform of both
the public and private health insurance sector. The enactment of the law
allowed for the improvement of the health system across the nation.
Constitutionality of the Affordable Care Act has been digressed by the Supreme
Court in two landmark proceedings. The three critical points of the insurance act
resonate with the rulings of the Supreme Court on the constitutionality of the
legislation.

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Health Law Essentials

Health
insurance remained discriminatory since 1965 until the enactment of the
Affordable Care Act (ACA) in 2010. The changes occasioned by the Act have
resulted in a series of lawsuits filed across various jurisdictions across the
nation, and which are expected to alter or strengthen the legislation
(Teitelbaum & Wilensky, 2017). The Obamacare as is it’s commonly referred
to, has ensured the uninsured and marginalized groups based on their medical
history or poverty levels were forcefully integrated into the insured bracket
to increase the number of insured persons across the globe and expected to
attain full insurance by 2019. The changes have allowed nearly 40% of the
previously uninsured persons’ access insurance and improved the health of the
population. Analysts believe the legislation enforced population health in an
economy deemed to prefer capitalistic tendencies in all nearly all facets of
their lives. The feature has attributed to the increase in health levels across
most jurisdictions across the globe.

Secondly,
the legislation has allowed for the radical reform of both the public and
private health insurance sector. The legislation introduced bands which are
different sets of groups lumped together to create specific bands, which access
health insurance at different prices. Wealthy and middle-income earners pay the
bulk of the premiums collected to ensure the continuity of the program
(Courtemanche, Marton, Ukert, Yelowitz, & Zapata, 2017). Persons under the
government levels receive subsidies and only required to pay a small fraction
of their premiums. Finally, the enactment of the law allowed for the
improvement of the health system across the nation. The law required all
healthcare institutions to improve the quality of healthcare provision, which
has resulted to better healthcare systems and improvement of population health
across the nation. The three key points elaborate on the importance of the act
in ensuring that reforms were victorious in the insurance sector, improvement
in the healthcare systems and reallocation of assets to all marginalized
individuals (Uberoi, Finegold, & Gee, 2016).

Constitutionality
of the Affordable Care Act has been digressed by the Supreme Court in two
landmark proceedings. The first proceeding centered on two critical issues
being; expansion of the Medicaid through the Health secretary and the authority
to tax and spend on non-exempt individuals within the realms of the legislative
tax power imposed on the Congress. The issues were in authority of ambiguous
interpretation of the legislation and misuse of the provisions in the future
without the adequate explanations provided by the Supreme Court. The Court in a
majority ruling of 5-4 ruled that the legislation was constitutional. The court
ruled that the secretary of health had only power to control new funding to
Medicaid and could not repeal existing Medicaid support to even non-compliant
states. Secondly, minimum essential coverage is only a requirement based on the
congressional taxing power and not its commerce power (Rosenbaum, 2011).
Minimum essential coverage is critical in ensuring that the uninsured persons
safeguarded under the law get insurance within the realm of the law. Finally,
the individual mandate can never be barred based on the provisions of the Anti-Injunction
Act.

The
constitutionality of the requirement by most Americans to have insurance or pay
taxes as established by the Congress based on the commerce power was also
upheld by the Supreme Court in reaffirming the constitutionality of the Act. The
law provides that all individuals covered under the Act must purchase insurance
or pay penalties for failing to have insurance. The procedure ensures that the
expected effect of the legislation is achieved across the nation. The three
critical points of the insurance act resonate with the rulings of the Supreme
Court on the constitutionality of the legislation.

References

Courtemanche, C., Marton,
J., Ukert, B., Yelowitz, A., & Zapata, D. (2017). Early Impacts of the             Affordable Care Act on Health Insurance
Coverage in Medicaid Expansion and Non?       Expansion States. Journal
of Policy Analysis and Management, 36(1), 178-210.

Rosenbaum, S. (2011). The
Patient Protection and Affordable Care Act: implications for public health
policy and practice. Public health reports, 126(1), 130-135.

Teitelbaum, J. &
Wilensky, S. (2017). Essentials of health policy and law. Burlington,       Massachusetts: Jones & Bartlett
Learning.

Uberoi, N., Finegold, K.,
& Gee, E. (2016). Health insurance coverage and the Affordable Care               Act, 2010-2016. United States
Department of Health and Human Services.

 

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