Analyzing the Deficiencies in the Five Provisions of the Affordable Care Act

Therefore, I will give some my personal inspirations, which earn from this course, to illustrate these deficiencies in the AC. Finally, I will present a brief conclusion about evolution of laws, which will influence the future. Five Provisions of the AC The five provisions are related to the humans rights and people daily life. I choose these five provisions, because I think they have good aspects, which can embrace American spirit and value rights of humans, but they have some deficiencies, which need to be innovated. Some of them are the most popular topic in nowadays, and others have great impacts in people 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 not to participate in Federal health insurance programs"( PACE, 201 0 This provision illustrates that "everyone in America has a right to choice whether if participate in federal insurance care program, and who opt out federal insurance care program will not 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 join Beamer before, but now, I know it is not mandatory. This provision can absolutely represent the spirit of America. When I originally knew America, I learned that freedom, democracy, and equity are the essential America spirit. Sec. 1 555 completely embodies human rights. Individuals have right to freely decide their own affairs, no one can enforce them to do anything illegally. Provision 2.

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My second provision is individual mandate provision. " individuals 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 filing minimum, this provision takes effect on January 2014, but this fee will be more 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 pay half of $695 ($2,085 for families).

Moreover, exemptions are permitted for religious reasons, 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 mandate provision, are inconsiderate. First of all, this provision gives poor people who incomes can not afford the extra taxes. Think it is beneficial to poor people and release their financial burden.

It also gives US citizens who live and work in a foreign country this exemption. In addition, exemption for religious reason also can embrace a humankind idea. However, this provision is unreasonable in total. According to Sec. 1 555, people 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 government should not use such a means to compel citizens participate health insurance program, even 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, government would take a moderate 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, people will join in insurance consciously. Just like the Florida smoking ban. Florida is the first state 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. " Protecting young 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 dependent on parents' tax return, or are not students"( Young Adults and the Affordable Care 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 insurance, in my opinion, is very limited to utilization. If parents have higher 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 think, for extending health insurance coverage of young people, some actions can be implemented. Comparing with China, the government gives all school funds to support students buying 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 lead 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 states, which including, innovator drugs will obtain 23. 1% of average manufacturer price per unit, blood clotting 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 special diseases' drugs. In my perspective, this provision lets poor people are affordable to their drugs. Ally think it can improve people's 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 risk 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 drugs to merge a market shortage, and people will terribly hard buy these drugs. Therefore, the government should also balance the ratio of rebate drugs and non-rebate drug, and improve 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 required to display the caloric content of their foods on menus, drive-through menus, ND vending machines. Additional information, such as saturated fat, carbohydrate, and sodium content, must also be made available upon request"( Federal Health Care Reform, 2010 This provision is available for the customers to distinguish their foods' ingredients, through this way, customers can judge a food whether if good for their health.

According to a report, "more than one-third ( 34. 9% or 78. 6 million ) of U. S adults are obese"( Centers for Disease Control and Prevention, 2014 ). Obesity has been the most popular disease in America and will cause a lot of subsequent diseases, including hypertension, hyperglycemia, and cardiograph. Therefore, the government who regulates chain restaurants and other big food companies to illustrate their foods' calorie and other ingredients, which ingest excessively will result to obesity, is a good way to improve the health situation of individuals.

In my personal point of view, although the government's action is reasonable, it is very limited to realistic circumstance. People know the way of calculation necessary caloric for daily life, bur sports and diets are proper means to keep health. Government need to educate their people to recognize lately life and improve their diets. However, this is an extremely 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 regulations are enacted by executive agencies for supplementation of the AC. The three regulations are all related to people's 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 safety. Nevertheless, I believe that the government should modify these three regulation continuously to provider citizens a better situation. Regulation 1. The first regulation is just existing on September 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 points.

Firstly, manufacturers need report information 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 commercial 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 effects or dangerous ingredients. Therefore, monitoring these drugs is necessary for people's health safety.

For example, We know some medications have an ingredient named ephedrine is used 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 information 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 public 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, 2014 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. Person 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 two managements are required in this regulation. The first of all, there is a possible issue that some information cannot be matched from different software, when they are sent to each other. SMS should make a identical standard in order to all collecting data in diversified health data software can be commonly 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 needs 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 Department 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 taking 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 efficiency of insurance companies, and let people obtain their insurances as soon as they can. The

Constitutionality of the AC These two cases including the National Federation of Business v. Sublime and Barbell v. Hobby Lobby ,which greatly impact the constitutionality of AC. According to these cases, I clearly realize the main deficiencies of AC and it constitutional process. National Federation of Business v. Sublime In this case," Twenty-six 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. Supreme court 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 Business v. Sublime, 201 0 ). In my personal point of view, I agree 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 decision. 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. Therefore, 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 shown 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 He's defined action. Finally, the Supreme Court declares that only the contraceptive 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. Firmly 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 not 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 implementation 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.

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