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Affordable Care Act Case Summary

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1. Did this employer violate COBRA? Explain After reading the Just The Facts excerpt and the case of McDowell V. Krawchison, I would have to say that I believe this employer violated COBRA. It is stated in the textbook that, “The COBRA requires that employers who have group health insurance plans and at least twenty employees offer continuation coverage to employees (and other beneficiaries if there is family coverage) who experience qualifying events that would otherwise cause the loss of their health insurance.” (Walsh, Pg. 486). Soon after McDowell was hired, he was terminated without any warning and was told it would become effective within two days. During this time, McDowells’ wife was battling breast cancer, so as you would imagine, his main concern was if …show more content…

With Obamacare, McDowell will have the option of choosing a different health insurance, and with choosing a new health insurance comes the adjustment of finding new physicians and learning the ins and outs of the coverage. With COBRA, the individual is required to pay their premium in order to continue their active coverage, and these premiums can be rather high. However, with the Affordable Care Act, the individual can be offered different opportunities to lower the cost of these premiums to make it more of a reality. This is stated in an online article titled, “COBRA v. Obamacare- Which One is Better?”, which reads, “If you forgo COBRA and buy your health insurance from your health insurance exchange instead, you may be eligible for a subsidy to help lower your monthly premiums. In addition, you may be eligible for a subsidy to lower your out-of-pocket maximum or to decrease your deductible, copayments, and coinsurance. These subsidies are only available for health insurance purchased through an Affordable Care Act health insurance exchange.” (AboutHealth,

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