Last updated: April 13, 2019
Topic: LawGovernment
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Case Study: The Government and the Affordable Care Act of 2010

Abstraction

The Patient Protection and Affordable Care Act of 2010 has surely been a momentous topic for the United States history. This instance survey will depict the many important procedures of the Patient Protection and Affordable Care Act of 2010. It is indispensable for one to understand how this Healthcare Reform has changed the manner Americans receive and pattern health care. This instance survey will besides present readers about how the Patient Protection and Affordable Care Act of 2010 was enacted and established through the United States authorities.

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Case Summary

The Patient Protection and Affordable Care Act of 2010 was created by President Barack Obama. This was passed by Congress and signed into jurisprudence on March 23, 2010. The Affordable Care Act of 2010 was implemented to assist supply health care to uninsured Americans. Harmonizing to Miller and Kirsch ( 2011 ) , in 2012 it was estimated that more than 30 million Americans, under the age of 65 were uninsured or lacked wellness coverage ( para.1 ) . The American authorities has played an indispensable function to do this Act effectual. The passage and constitution of the wellness attention jurisprudence in 2010 has resulted in many important arguments, strategic manoeuvres and partiality, in the legislative subdivision of the US authorities.

Effectss of Key Stakeholders

The cardinal stakeholders in this instance survey are the members of the House of Representatives and Congress. President Barack Obama proposed a measure that lead to a split determination. While the measure was processed and enacted, members of the opposing side, the Republicans, did non hold so much. They were non excessively lament on the guidelines of the new jurisprudence. They did non like the fact that the usage of authorities support and support, was necessary. The Republicans tried many times to revoke. No affair what the opposing side wanted, the President would merely blackball their petitions ( Klien, 2012 ) . This affects the Republicans, because they may experience the determinations made by the President were unjust. They may besides experience as if, that they were non able to include contribute plenty of their concerns and thoughts in the new Act.

Case Questions

1.The legislative subdivision of the United States authorities is known to be really complex system. The legislative subdivision is used to make and implement many measures and Torahs. Harmonizing to John Cannan ( 2013 ) , the legislative processs is a straightforward procedure that has been utilized for decennaries ( p.133 ) . When a measure is introduced, it is released to the commission for consideration. After the measure is considered and reported by the commission, it is so released to the chamber floors ( Cannan, 2013, p.132 ) . The chamber floors consists of the full assembly of the house. The chamber floors will reexamine the measure. When the measure is finalized and both Chamberss have agreed on it. The following measure is voting, vote will so find if the measure is ready be sent to the executive subdivision to be endorsed, and go into jurisprudence ( p.132 ) . This legislative procedure is highly of import when the cosmopolitan wellness attention reform was presented. The new universal health care reform caused rather a splash in the White House. It was obvious, utilizing the traditional legislative system to go through the new reform was non traveling to be a smooth drive. John Cannan ( 2013 ) explains that the current tradition system was clip consuming and systematic.

2.Legislation has really become more of an ad hoc ( p.133 ) . An ad hoc is defined as a “ concerned with a peculiar terminal or intent, without farther consideration of a wider application ” ( Merriam-Webster, 2014 ) . The ad hoc statute law of the Affordable Care Act was presented by President Barack Obama, during his first term in 2009. It was one of his top end to implement during his election. As mentioned antecedently, President Obama wanted to beef up bing signifiers of wellness attention and spread outing wellness coverage to be cosmopolitan ( Rosenbaum, 2011, p.130 ) . Cannan ( 2010 ) explained that the ad hoc statute law involved two measures to come into jurisprudence, the Patient Protection and the Affordable Care Act of 2010 and the Health Care and Education Reconciliation Act of 2010 ( pgs.133-34 ) . It was non until March 2009, when the three president of the House commission had legal power, over the wellness attention reform. They were able avoid commission “ turf wars ” and work together to suggest a bill of exchange statute law ( Cannan, 2010, p.137 ) . On June 19, 2009, Nancy Pelosi, the Speaker of the House, provided the treatment bill of exchange, which included many commissariats and alterations to the wellness attention reform ( Cannan, 2010, p. 137 ) . Subsequently, the Act was developed as the House measure 3200 “ America ‘s Affordable Health Choice ‘s Act of 2009 ” During this clip, the congressional commissions evaluated and altered any needful alterations for the markup procedure. Cannan ( 2010 ) stated during the markup procedure “ commission members would discourse further on the action programs, make betterments, and so eventually voted on whether or non to direct it out to the statute law ” ( p.138 ) .

3.The American populace had many different reactions and concerns on the Act. Harmonizing to Pew Research Center ( 2012 ) , survey showed that 48 per centum of the public disapproved and 43 per centum approved the Affordable Care Act of 2010 ( para.2 ) . This led to a clear zealot. A zealot was besides indispensable to the procedure of the new wellness attention reform act. The term zealot is defined as an “ action or spirit of partly for a specific political party ” ( Farflex, 2014 ) . Before the procedure of ordaining this Act, there has been many protracted arguments and treatments, between the Democratic and the Republican parties. Many Democrats were satisfied if the new jurisprudence was upheld, and the Republicans wanted it to be eliminated ( Pew Research, 2012 ) . Throughout the American history, the Republican and Democratic parties seldom agreed the same thoughts and beliefs on certain subjects. Harmonizing to Pew Research ( 2012 ) , both the Democrats and Republicans were non in favour with one of the constituents of the wellness attention reform ( para.4 ) . They did non like the thought of the single authorization. The single authorization is a jurisprudence portion of the Affordable Care Act, necessitating all persons to hold health care. If they failed to obtain a health care coverage, or take non to hold one, they will stop up holding to pay a punishment revenue enhancement. The “ Republicans said this jurisprudence was unconstitutional ” ( Klein, 2012 ) . Another illustration of partiality with this Act, was the authorities ‘s extended function in the wellness attention. The Republicans were non fond of spread outing the function of authorities in health care, and felt that was non a significant method ( Weissert & A ; Weissert, 2012, p.19 ) . Research stated, 88 per centum of Republicans felt the authorities engagement in wellness attention was excessively demanding, while merely 37 per centum of Democrats felt that manner ( Pew Research, 2012 ) . Miller and Kirsch ( 2011 ) noted many freshly elected authoritiess campaigned against this, due to the estimated $ 235 billion budget shortage ( p.3 ) .

4.The political strategic manoeuvres that influenced the new wellness attention reform of 2010, was to happen the best solution to implement low-cost wellness attention for Americans. Miller and Kirsch ( 2011 ) stated there has been many route bumps and hard challenges. One of the noticeable challenges was the clip frame for the Affordable Care Act to to the full work successfully. Many of the revised and new coverage commissariats will non to the full be effectual until four old ages ( p.2 ) . In order to supply and educate people on how to get wellness insurance, the most efficient method is to split it upon each province. Since the Affordable Care Act is built as a joint federal province enterprise, the wellness attention reform was to be administered primary by the provinces ( Miller & A ; kirsch, 2011, p.3 ) . Many duties of each province consisted of “ implementing insurance Exchanges for little concern proprietors and their employees, educating single about the new health care reform, and pull offing the Medicaid enlargement ” ( Miller & A ; Kirsch, 2011, p.3 ) . As a consequence, each province will hold to be after consequently based on their policy picks, fiscal resources, and staffing. Harmonizing to Sara Rosenbaum ( 2011 ) , as of August 5, 2010, the National Association of Insurance Commissioners acknowledge that about half of the provinces confirmed their wellness insurance section held enforced powers through expressed statute law or through their general powers ( p.131 ) . At that clip, under the federal jurisprudence, province implemented federal insurance ordinances remained voluntary. In another survey it showed that for the past 25 old ages, Republicans support for federal assistance in wellness attention has declined ( Pew Research, 2012 ) . Harmonizing to Joanne Kenan ( 2011 ) on “ January 19, 2011, all Republicans and three Democrats in the United States House of Representative voted to revoke the wellness attention reform ” ( para.1 ) . Since a full abrogation of the Act was non granted it resulted in an on-going conflict, within the statute law. The opposing parties wanted to do extra alterations to the Act. They requested alterations to the person and employer authorization, prohibition on provinces to cut down Medicaid eligibility, and the CLASS act, to call a few ( Kenan, 2011 ) .

Decision

In the terminal, the procedure and passage of the Patient Protection and the Affordable Care Act of 2010 has made it grade in the United States history. The procedure to ordain this Act was besides really different compared to other old signed Torahs. President Barack Obama ‘s top docket to advance cosmopolitan health care coverage for all Americans has proved to be a big and hard undertaking. The authorities ‘s engagement and control on wellness attention has led to legion inauspicious positions on the Act. Still, with many members of the House and unsated Americans, bespeaking to do extra alterations to the Act, will ensue in a unforgettable turnout during the following few old ages.

Mentions

Ad hoc. ( 2014 ) . Retrieved from hypertext transfer protocol: //www.merriam-webster.com/dictionary/ad hoc

Cannan, J. ( 2013 ) . Legislative history of the low-cost attention act: How legislative process forms legislative history.Law library diary,105( 2 ) ,

Kenen, J. ( 2011, February 25 ) .Health policy Jockey shortss. Retrieved from hypertext transfer protocol: //www.healthaffairs.org/healthpolicybriefs/brief.php? brief_id=41

Klein, E. ( 2012, June 25 ) .Unpopular authorization. Retrieved from hypertext transfer protocol: //www.newyorker.com/reporting/2012/06/25/120625fa_fact_klein

Miller, M. & A ; Kirsch, R. ( 2011, January ) . Where the gum elastic meets the route: Schemes for successful province execution of the low-cost attention act.The California Endowment,

Obama wellness attention jurisprudence: Where does the public base?. ( 2012, June 15 ) . Retrieved from hypertext transfer protocol: //www.people-press.org/2012/06/15/obama-health-care-law-where-does-the-public- stand/

Partisanism. ( 2014 ) . Retrieved from hypertext transfer protocol: //www.thefreedictionary.com/Partisan ( political )

Rosenbaum, S. ( 2011 ) . Law and the public’s wellness.Public Health Reports,126,

Weissert, W. , & A ; Weissert, C. ( 2012 ) .Regulating wellness: The political relations of wellness policy. ( 4th ed. ) . Baltimore: The John Hopkins University Press.