The Affordable Care Act Yolanda Evans Florida International University BUL6810: The Legal Environment of Business The Affordable Care Act The Patient Protection and Affordable Care Act (PPACA) or Affordable Care Act (ACA) is a health care reform law that was voted into enactment in March of 2010 (Summary of the Affordable Care Act, 2013). The ACA consists of many different parts of which come from the Affordable Health Care for America Act, the Patient Protection Act various parts of the Health
Recently, the federal government has crossed the line in regards to its actual power. In passing the Patient Protection and Affordable Care Act, the federal government is essentially ignoring many vital sections of the Constitution that help keep it in check. These fundamental restrictions help prevent an abusive and tyrannical government. The fact that this law still remains in place today shows that these constitutional restrictions on the federal government no longer apply, and that the federal
In the Supreme Court case NFIB v. Sebelius, Roberts establishes his opinion on the role of the court, taking in consideration John Marshall’s opinion of judicial review in Marbury v. Madison; judicial review is present in both cases but in different ways. Roberts was aware that allowing Congress the power to control the purchase of healthcare services under the Commerce Clause was overstepping its boundaries, and so his opinion stating that Congress cannot control inactivity created precedential
The consequence of The Patient Protection and Affordable Healthcare Act in Texas On June 28, 2012, The Supreme Court ruled the Federal Government does not have the constitutional right to sanction an individual to buy health insurance, but declared that the states do have the right to place a tax on citizens that do not carry insurance. This ruling is in response to President Obama’s Patient Protection and Healthcare Act of 2010. Passed on March 23, 2010, President Obama’s Reform Act mandates
contraceptives on the basis of religious beliefs. The case hinged on the Free Exercise Clause of the First Amendment and the Religious Freedom Restoration Act (RFRA) passed by Congress in 1993” (Obamacare Lawsuits). The National Federation of Independent Business V. Sebelius, and Halbig V. Sebelius were held in position to advanced premium tax credits and the individual health insurance mandate. The official supreme court ruling was that ”the court upheld the Affordable Care Act's individual mandate as a legitimate
Affordable Care Act: How it applies from a Constitutional Stand Point Jeremy Grapentin SOC 321 Baker College 4-23-2015 The Affordable Care Act (ACA), better known as Obama Care, is just one of many pieces of legislation dealing with health care issues that our country faces. In this paper the discussion of this legislation will focus on the applicability of the legislation and what it means to American citizens. Decisions and pending rulings by the Supreme Court will
Affordable Care Act: How it applies from a Constitutional Stand Point Jeremy Grapentin SOC 321 Baker College 4-23-2015 The Affordable Care Act (ACA), better known as Obama Care, is just one of many pieces of legislation dealing with health care issues that our country faces. In this paper the discussion of this legislation will focus on the applicability of the legislation and what it means to American citizens. Decisions and pending rulings by the Supreme Court will be discussed and analyzed
Title XIX of the Social Security Act (Title XIX) included the regulations and implementation standards for Medicaid. Medicaid is a federal program that was established in 1965 under the Title XIX law. This law detailed and described the roles of both the federal and state government in the administration of Medicaid. Federal laws outlined the overall components of the program with mandated and optional inclusions: payment limits, beneficiary eligibility requirements, amount of coverage for medical
Justice John Marshall establish the principle of “judicial review?” Explain the doctrine and its genesis and discuss two major Supreme Court cases since 2000 that have reinforced judicial authority over the States using this principle. In 1803, Marbury v. Madison established a concept known as “judicial review”. Supreme Court Chief Justice John Marshall stated “the theory of every such government must be, that an act of the legislature, repugnant to the constitution, is void....It is emphatically the
National Federation of Independent Business v. Sebelius Life was different back in the 1880s. The telephone had just been invented, James Garfield was president, and doctors used heroin and cocaine as medicine. Alas, many doctors knew very little about medicine. Oftentimes unsafe and unsterile practices were used on patients. The NY Times reports that, “At least a dozen medical experts probed the President [Garfield]’s wound, often with unsterilized metal instruments or bare hands, as was