The Affordable Care Act Assignment Help
Since the enactment of the Affordable Care Act, there have been several lawsuits in the federal courts, and some have made their way to the Supreme Court. Not all of these cases are accepted for appeal by the Supreme Court and thus are settled at the appellate court. Analyze a recent appellant court case related to a health care legal case. If possible, find a case in your own federal appellate court.
Discuss the following : In what court did this case originate?
What is the law at issue in this case?
What are the arguments supporting the law, and what are the arguments to overturn the law?
Discuss the effect of this court case on health care delivery or operations. For example, will patient care be changed?
How will the operations of a health care organization or health insurance company be changed?
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1. Introduction
In this report, the case of the Association of American Physicians and Surgeons v. Sebelius will be discussed. In this case, the Plaintiff which is Association of American Physicians and Surgeons argued that the Patient Protection and Affordable Care Act is unconstitutional as it lowers the option of the healthcare professional over the Medicare and Social Security. It also challenged the solvency of the Medicare and Social Security programs. There is also other details of this case, which will be discussed in the below sections.
2. In what court did this case originate?
Association of American Physicians and Surgeons v. Sebelius case originated in the United States Court of Appeals of the District of Columbia Circuit (Health Care Lawsuits, 2019).
3. What is the law at issue in this case?
There are some of the laws which are at issue in this case, and these laws will be discussed in this section. The first law which is creating an issue, in this case, is the Patient Protection and Affordable Care Act as it according to plaintiff limit the options of the healthcare professional over the Medicare and social security. The second law which is at issue here is the Commerce Clause or General Welfare Clause as they claim that this clause is beyond the individual mandate and the plaintiff also demanded a restriction on the capitations or direct taxes by the constitutions. The solvency of the Medicare and Social Security programs were also challenged in this case (NYU Libraries, 2019). All these law and programs were challenged in this case.
4. What are the arguments supporting the law, and what are the arguments to overturn the law?
The plaintiff had different arguments for overturning the different laws challenged, but one main factor in their argument is that most of the challenged law is unconstitutional. The first argument of the plaintiff was that the Patient Protection and Affordable Care Act are unconstitutional as it limits the choices of the healthcare professional over Medicare and Social Security. Then the plaintiff challenged the statutory authority of the HHS and the Commissioner over the Patient Protection and Affordable Care Act. It also argued that the Medicare and Social Security programs are heading toward the insolvency, and it not being accounted for properly.
The defendant of this case defended in favour of these laws by saying that the plaintiff is trying to make a case by connecting three laws which are not connected in one compliant and also that there is lack of sufficient evidence in this case. The verdict of this case was given in favour of the defendant by the judge meaning the case was overturned due to lack of proper evidence.
5. Discuss the effect of this court case on health care delivery or operations. For example, will patient care be changed?
The patient care will not be changed significantly as the court dismissed the case, but if this case went in favour of the plaintiff, then there would have been some of the changes made in the healthcare delivery as the Medicare and Social Security programs would have found to in serious threat of insolvency. Then the authority of the HHS and the Commissioner would have been curtailed due to proven statutory challenge and also one of the main Act in the healthcare system of the USA which is Patient Protection and Affordable Care Act would have been removed. All these changes did not happen, as there was a lack of evidence in this case.
6. How will the operations of a health care organization or health insurance company be changed?
The operation of a health care organisation would be significant if the case which is presented by the plaintiff were found to have merit, but if this case found to have merit. Then a lot of changes could have seen in the healthcare organisation in the US. The first change which would have been that the lower income people not have gotten the benefit of the Medicare and Social Security program as these programs would have found to be insolvent. This would have also lead to the health insurance company lower the benefit of the low-income people who are under public insurance coverage. Then the tax liabilities of the healthcare professional would have been lowered as the plaintiff argued a removal on direct taxes, which are levied through this stated act in this case study. Then the choice of the healthcare professional would have increased in a health care organisation. All these are changes which could have been if this case would have gone in the favour of plaintiff.
7. Conclusion
In this report, the different aspects of the Association of American Physicians and Surgeons v. Sebelius in which the different law has been challenged by Association of American Physicians and Surgeons and these challenges were defended by the Sebelius and Astrue. In the end, the case was dismissed by the United States Court of Appeals of District of Columbia Circuit due to lack of evidence.
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