ACA Paper

Therefore, I solelyow for be scotch round my person-to-person inspirations, which earn from this course, to illustrate these deficiencies in the AC. Finally, I entrust present a apprise conclusion ab reveal evolution of laws, which exit influence the future. Five Provisions of the AC The five pabulum are colligate to the kinds rights and nation daily life. I choose these five formulations, because I call they squander great aspects, which can embrace the Statesn spirit and value rights of humans, only if they need many deficiencies, which need to be innovated. Some of them are the most popular topic in nowa years, and others have gravid impacts in community future life.Therefore, I want to choose them, and clarify my personal views of them, which I will present following. Provision 1. My first provision is Sec. 1555. Freedom non to participate in Federal wellness insurance programs( PACE, 201 0 This provision illustrates that e preciseone in America has a righ t to choice whether if participate in federal official insurance care program, and who opt out federal insurance care program will non be PACE, 2010 According to this provision, I firmly consider that everyone can choose to out of Beamer without penalty.In my personal point of view, really admire this provision. I always considered everyone should junction Beamer before, but now, I know it is not mandatory. This provision can absolutely represent the spirit of America. When I originally k unsanded America, I learned that freedom, democracy, and justice are the essential America spirit. Sec. 1 555 comp permitely embodies human rights. single(a)s have right to freely sink their own affairs, no one can enforce them to do anything illegally. Provision 2.My second provision is single economy provision. wooing-by-cases who are not covered by a healthcare insurance will be charged an annual tax penalty f $95, or up to 1% of income over the register minimum, this provision takes effect on January 2014, but this fee will be more than greater, this fee will rise to a minimum of $695 (SO,085 for families), or 2. 5% of income over the filing minimum, on 2016. This fee is prorate, if individuals are not covered by a minimum insurance in half a year, they should buy off half of $695 ($2,085 for families).Moreover, exemptions are permitted for religious indicates, or for those for whom the least expensive policy would exceed 8% of their income, and US citizens who qualify as residents of a foreign county under the IRS foreign earned income exclusion rule( The Individual Shared Responsibility Provision, 2014 In my perspective, I believe that this provision has a reasonable aspect, but some explanations, in individual mandatory provision, are inconsiderate. First of all, this provision gives poor mickle who incomes can not afford the extra taxes. Think it is beneficial to poor tribe and release their financial burden.It withal gives US citizens who live and work in a foreign country this exemption. In addition, exemption for religious reason overly can embrace a humankind idea. However, this provision is unreasonable in total. According to Sec. 1 555, slew should not get a penalty for opting out of minimum health insurance, but this provision seems to like exchanging the penalty to extra tax. This point is inconsiderate, because it enforces everyone to participate Beamer, otherwise people will be punished. The political science should not use such a promoter to compel citizens participate health insurance program, crimson though health insurance is good for them.As I have mentioned above, I always consider America is an equal country, but an extra tax breaks my belief. In my personal view, establishment would take a admit provision. Government should help people get health insurance through health education. Let people know the importance of health insurance, make people have a long-tern view of their own health. In this way, peo ple will join in insurance consciously. Just like the Florida smoking ban. Florida is the first articulate which sues tobacco companies, and using compensations to educate people keep away from cigarettes.According to this case, I firmly believe that let people know always more rational than penalties. Provision 3. protect vernal adults and eliminating burdens on families and genuineness, which is a beneficial provision to all young people who under 26- year-old. These young adults are permitted to remain on their parents health insurance programs, even if they on long live with their parent, are married, are not restricted on parents tax return, or are not students( Young Adults and the Affordable wield Act Protecting Young Adults and Eliminating Burdens on Families and Businesses,201 0). Horology believe this provision is beneficial to all young adults and children. As know, the cheapest bronze level of health care insurance is approximately 5500 per year, and this level insu rance, in my opinion, is very limited to utilization. If parents have higher(prenominal) level health insurance, their children also get higher protection, and families will save more money. Therefore, young people can remain on their parents insurance not only reduce costs of families, but also will enhance their own health condition.Moreover, I also calculate, for extending health insurance coverage of young people, some actions can be implemented. Comparing with China, the politics gives all school funds to support students purchase their health insurances. Young people on school will get a discount for their lath insurances, which means students only need pay few fees to have their own health insurances. Furthermore, companies buying insurance for their employees is also compulsory. Therefore, America government can diversify the way of extending coverage of insurance of young people to guide more of them join in the benefits of insurances. Provision 4. Medicaid Drug Rebate Program also benefits to society, drug manufacturers will get rebates from raises, which including, innovator drugs will obtain 23. 1% of average manufacturer price per unit, blood clot factor drugs will again 17. % price rebates per unit, non-innovator or multiple source drugs will get 13% average manufacturer price( Medicaid Drug Rebate Program, 2014 ). According to Medicaid Drug Rebate Program, all people can buy these drugs cheaper, which means people are affordable for some daily drugs and some modified diseases drugs. In my perspective, this provision lets poor people are affordable to their drugs. Ally think it can amend peoples health conditions. However, a problem should be defined that not every drug will get a rebate. As a consequence, drug manufacturers in this program will eve a run a lay on the line to barely manufacture these drugs which can get rebates. Therefore, some useful drugs will not be produced for out of the program. It will cause these non- rebate dr ugs to merge a market shortage, and people will terribly with child(p) buy these drugs. Therefore, the government should also balance the ratio of rebate drugs and non-rebate drug, and emend drug market condition.Provision 5. health Care Education Reconciliation Act of 201 0 has a provision that Chain restaurants and food vendors with 20 or more locations are needed to display the caloric content of their foods on menus, drive-through menus, ND vending machines. Additional learning, such as saturated fat, carbohydrate, and sodium content, must also be made purchasable upon request( Federal Health Care Reform, 2010 This provision is available for the customers to distinguish their foods ingredients, through this way, customers can pass judgment a food whether if good for their health.According to a report, more than one- triad ( 34. 9% or 78. 6 zillion ) of U. S adults are obese( Centers for Disease Control and Prevention, 2014 ). Obesity has been the most popular disease i n America and will cause a lot of subsequent diseases, including hypertension, hyperglycemia, and cardiograph. Therefore, the government who regulates chain restaurants and other queen-size food companies to illustrate their foods calorie and other ingredients, which ingest excessively will result to obesity, is a good way to break the health situation of individuals.In my personal point of view, although the governments action is reasonable, it is very limited to lifelike circumstance. People know the way of calculation necessary caloric for daily life, bur sports and diets are worthy means to keep health. Government need to educate their people to recognize lately life and improve their diets. However, this is an exceedingly difficult way to improve persons health, because adults have accustomed their foods and their living habits.Therefore, how to initiate a new health education for a new generation and tell them good diets and living habits become significant. In conclusion , good health care is not to treat patient, it is reasonable to prevent ills from humans through improve their behaviors and thoughts. Regulations of the AC The three ordinances are enacted by executive agencies for supplementation of the AC. The three patterns are all related to peoples health and their lily life. In my opinion, the first regulation, which will mention, is a good sample for the government instructing humans in a healthy life.The second regulation also protects people who cannot afford their healthcare fees. The third regulation is close to people work and preventative. Nevertheless, I believe that the government should modify these three regulation unceasingly to provider citizens a better situation. Regulation 1. The first regulation is just existing on kinsfolk 2014, which is Guidance for Industry Reporting Drug Sample Information Under Section 6004 of the Affordable Care and Drug Administration, 2014 In my perspective, this regulation has 2 praiseworthy poin ts.Firstly, manufacturers need report schooling of drugs on the internet. This is very convenient for the ETC supervising quantity and category Of drugs and assessing these drugs demand and supply. In this way, the F-DC can indicate a commercialized tendency of these drugs, and accordingly the FDA forecasts what diseases will be happened. This is cheaper than paperwork. Secondly, These drugs reported by manufacturers, which usually have side set up or dangerous ingredients. Therefore, monitoring these drugs is necessary for peoples health safety.For example, We know some medications have an ingredient named ephedrine is use for manufacturing methamphetamine, also called ice drug. Some lawbreakers use these medications to extract ephedrine. Therefore, for preventing this case happening, drugs reporting is mandatory. Nevertheless, this regulation need to be consummated. Electronic reporting is a reasonable way to record information, but 2 shortages must be considered. Electronic in formation leakage has been a serious problem now, although HAIFA has enacted the data breach notification rules. The information safety system should be reinforced.In addition, supervising manufacturers reporting correct information is requisite. Whatever these manufacturers hide information for financial reason or unintentional mistake. These producers need to be audited. Regulation 2. The second pending regulation is the State Medicaid HIT Plan, Planning Advance Planning Document, and Implementation Advance Planning. In the regulation, SMS wants to invite tenders from the ordinary to design a health information collection software, which can reduce paperwork and collect arsenal health information efficiently.In this regulation, SMS has defined some detail requirements of this software, which includes information of fingerprints Of people, suspension Of Medicaid Payments and re-screening Of Medicaid and chip providers every five years( Centers for Medicare Medicaid Services, 201 4 These details are reasonable, also deem that an electronic tool is not only convenient for government using and collecting basic data, but is also useful to people recognize their health information. soul just need a cellophane to manage their own physical condition data.However, mom important rules do not cover in this regulation, and this regulation also has its own deficiencies. Think dickens managements are required in this regulation. The first of all, there is a possible issue that some information cannot be matched from polar software, when they are sent to each other. SMS should make a identical mensuration in order to all collecting data in diversified health data software can be ordinarily handled. Finally, for information abusing and breach, SMS should through HIPPO to monitor data of health of software providers and improve the system for safety of data ace ritzy Regulation 3.The third regulation has been exiting, which is people applies healthcare insurance, and the insurance needfully to take effect in ninety days. All insurance companies cannot delay applicants insurances beyond ninety days with any excuse. However, this period can only be amended by the government. This is the Ninety-Day Waiting period plane section of Health an Human Services, 2014 I firmly believe that the regulation will be admired by all people. This regulation gives people a safeguard, because people may have some accidents when they wait their insurances winning effect.Therefore, the sis of accidents will be reduce by this regulation, whatever people on working or daily life. However, I think the waiting period can be shorter. On the one hand, ninety-day means three months that people will be out of insurance. If the government can cut the waiting time, the risk can be smaller. On the other hand, some insurance companies, for financial concern, will delay people insurance until the deadline. Therefore, if the limitation can be shorter than three months, it also can spur the work dexterity of insurance companies, and let people obtain their insurances as soon as they can. TheConstitutionality of the AC These two cases including the issue coalition of Business v. Sublime and Barbell v. Hobby foyer ,which greatly impact the constitutionality of AC. According to these cases, I clearly realize the main deficiencies of AC and it constitutional process. matter Federation of Business v. Sublime In this case, cardinal States, several individuals, and the National Federation of Independent Business brought suit in Federal District Court,challenging the constitutionality of the individual mandate and Medicaid expansion, the U. S. controlling hail judge this case with following mints.Firstly, the U. S. Supreme court considers that the individual mandate takes a penalty to people, who dose not have health insurance, is unreasonable, but penalty can be regarded as a tax which imposes on people who dose not buy health National Federation of Busi ness v. Sublime, 201 0 ). In my personal point of view, I delay with the statement that people should not be taken a penalty fee for out of health insurance. However, I think that changing this penalty as a tax, which is somewhat far- fetched, because, it just changes an explanation to enforce people join in health insurance programs.No matter this tax influences peoples action to buy insurance or not, the government has no right to compel its persons to purchase a product, which they do not like it. Moreover, U. S. Supreme court decides that states will lose their Medicaid funds, which compels Medicaid expansion, and this is unconstitutional ( National Federation of Business v. Sublime, 201 0 I firmly agree this last. I learned that America is the federal state, every state of U. S. Has right to administer itself. Furthermore, every state also has right to depart from U. S. , if its people agree. Rule insider the state government has equal status with the federal government. Th erefore, the federal government can not exploit their right or threatens them to agree Medicaid expansion. As the case mentioned that When a court confronts an unconstitutional statute, its endeavor must be to conserve, not destroy, the legislation( National Federation of Business v. Sublime, 201 0 ). For some rational reason, it is right to preserve AC and tear out Medicaid expansion. However, I quite sure the constitutionality need to be cautious and considerate. In AC it still has some unconstitutional acts and rules.Although conserving AC is better than destruction, AC passes too fast to inspect by congress. Therefore, constitutionality is a long-term process, AC still need to be carefully checked by congress and society. Barbell v. Hobby Lobby In this case, the Supreme Court holds three main points. At the first, the Supreme Court considers that the government has failed to satisfy the least- restrictive-means standard of the Religious Freedom Restoration Act. HAS has not sho wn that it lacks other means of achieving its desired goal without imposing a substantial burden on the exercise of religion.This decision follows the Religious Freedom Restoration Act in 1993. Secondly, the Supreme Court deems that, according to the Religious Freedom Restoration Act, no conceivable definition of a person includes natural persons and non-profit corporations, but not for-profit corporations, which is different from Hes defined action. Finally, the Supreme Court declares that only the encumbrance insurance can be picked out of the insurance mandate, and only closely held companies are suitable for this decision( Barbell, Secretary of Health and Human Services V.Hobby Lobby Stores, 2014 Without a doubt, firmly Greer the first and second decisions of Supreme Court. Religions, beliefs, and religious actions should be respected. Moreover, for-profit companies also is including the scope of the person. Think HAS cannot support more evidences to demonstrate Hobby Lobby and others violate the RAFF and for- profit companies also need to be regarded as non-profit companies in this case for religious reason. Therefore, these two decision can embrace justice and equity for treating religion and religious companies.However, I concern that the third decision is partial. I have three points to illustrate my perspective. Firstly, it is partial to women who work in religious companies, because these women have no right to obtain contraceptive insurance comparing with other women who work in non-religious companies. firm consider that this partiality can be regarded as discrimination of women. Managers cannot deprive a right from employees, which should be reasonably procured, even for a religious reason. Secondly, the exemption only for closely held corporations and its religious reason, which is not rational.I firmly believe some companies will intentionally change their status to closely held corporations for avoiding contraceptive insurance. The last but n ot least, the Supreme Court has exempted religious reason for the declination of contraceptive insurance currently, in the future, have reason to believe that some companies will utilize religious reason to avoid more mandate insurances. All in all, in this case, the Supreme Court fails to predict potential imparts, which will make more difficult for congress to enforce the laws.Actually, this decision makes harder to force employers to provide health insurance. Therefore, it really influences both slaying and constitutionality of AC badly. The conclusion I believe that, in total, AC is enacted for innovating the health environment of people. It covers all aspects of human daily life and wants to affect quickly. Indisputably, related agencies and congress are best effort for consummating and renewing AC. I can see that they want to regulate all behavior and rule all possible situation. This is an extremely huge work.