...The US government passed the Patient Protection and Affordable Care Act (PPACA) in 2010. The Act was challenged in National Federation of Independent Business v. Sebelius, 576. US 2012. The Supreme Court ruled that the individual mandate, which requires individual to purchase a health insurance policy providing a minimum level of coverage, unconstitutional under the Commerce Clause, but stands under taxing method. I personally view that this PPACA is constitutional under Commerce Clause. The majority opinion in the decision is delivered by Justice Roberts in the following points. The majority opinion held that the government’s theory of controlling cost-shifting by increasing supply is invalid because it gives Congress unlimited power to make decisions for individuals who choose not to do something. In Wickard v. Filburn, the court rejected the farmer’s argument that growing wheat for “home consumption was beyond the reach of the commerce power” on the ground that the “aggregate effect of similar decision will impose a substantial effect on the interstate market for wheat” (Sebelius). If we apply the same logic of buying insurance in Wickard, Congress can also order people to buy more wheat to support the price of wheat. The majority opinion argued that tt might make more sense for Congress to order people to buy more vegetables because the aggregate effect of Americans not eating a balanced diet is more significant than that of people living without health insurance...
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...Where to draw the line between government regulations and religious affiliations is a topic that has been a source of tension in the United States for the entirety of its existence. There have been numerous civil disputes over how far, if at all, the government can step across the boundaries that protect religious affiliations before infringing upon their constitutional rights. Recently, an important legal case called Burwell vs. Hobby Lobby was brought to the attention of the Supreme Court. Hobby Lobby is a family-owned Christian arts and crafts store who felt that the requiring of religious businesses to provide insurance coverage for contraception under the Affordable Care Act violated their rights under the Religious Freedom Restoration...
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...Nick Montesano Buss 200 Administrative Law Essay The College Of New Jersey Dr. Laura Sanders 9/29/30 A National Dispute In the past decade there has been an increased controversial view of tobacco, alcohol, and marijuana. People have been divided on how to regulate these products in the market, causing much governmental controversy. There have been many groundbreaking and unprecedented court cases that have been shaping the public policy on which these substances stand on. These substances have an immediate and perilous effect on the health of all human beings. Tobacco is the leading cause of preventable death in the United States, alcohol causes impaired judgment and in turn causes people to do things that affect their health physically and emotionally, and marijuana has almost the same effect as alcohol. (New England Law) Health is the ultimate concern when studying these three substances, which would lead to the Family Smoking Prevention Act to survive the Hudson Test. The Granholm case would lead one to believe that states cannot discriminate against outsiders from sales, and the medical exceptions for marijuana are valid on the fact that it has a medical advantage to some citizens. I strongly believe that the federal government has a right to regulate certain aspects of these substances based upon the danger posed to the health of citizens. This paper will discuss certain court cases that shape my opinion for every substance...
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...Obama Care Obama Care Obama Care is thought by most people to be a US law aimed at reforming the American health care system. The main focus for this care is to provide more Americans with access to reasonable health insurance, improving the value of health insurance, regulating the health insurance industry, and decreasing health care spending in the US (Government, 2012). Many people have mixed feelings about Obama Care and how it is used in the US. In this paper, I will discuss the origins and the history of how Obama Care got started and its difficulties. Then, I am going to talk about the pros and cons dealing with Obama Care and the ways it will affect our economy. Next, I will discuss how Obama Care is funded and how there are still missing pieces that the administration needs to clear up. Lastly, I will argue how some of the American population thinks Obama Care is a scam. Then, to wrap up my paper I will be giving my opinion on this complex matter. Steps in the process of Obama Care The history of Obama Care is very complex but the name is the unofficial name for The Patient Protection and Affordable Care act, which was singed into law on March 23, 2010. The major requirements went into effect in January 1, 2014 even though significant modifications had happened before this date. Many Americans were opposed to Obama Care before it was even passed because they didn’t like the idea of the government taking over the healthcare polices. Now, I am going to...
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...Abstract This paper address the challenges to determine what parts of the Affordable Care Act can apply to Puerto Rico and the impacting the Medicare, Medicare patient services and employees. Most of the people in the island think that the Affordable Care Act is giving more security and help to address the existing disparities in the healthcare system. With the new Patient Protection & Affordable Care Act, the insurance companies can no longer drop the coverage if one becomes sick, bill individual into bankruptcy because of an annual or lifetime limit, and they will not be able to discriminate against anyone with a pre existing condition. Most of the Medicare and Medicaid community suffers do to the imbalance in our healthcare system this situation affects the quality of care and places a financial strain on the government, individuals and families, employers and employees, and public and private providers. Most of the Medicare beneficiaries have to enroll in the MA program to help them to succeed and receive the adequate treatments without MA to help the disadvantaged seniors on the island, Puerto Rico's elderly citizens will be forced to turn to Mi Salud in larger numbers. Although Mi Salud is scheduled to receive an average of $690 million annually during the next five years, the widening deficit in MA funding is likely to create a net negative impact on federal funding for healthcare in Puerto Rico. The Health care Policies and Issues Ethical concerns and issues ...
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...Part I: Principles of Contractual Obligation The Promise Principle and its Rivals A. Grounds for Enforcing Promises 1. FORMALITY Creation of a contract (§17): The formation of a contract requires a bargain in which there is a manifestation of mutual assent (offer and acceptance) to the exchange and consideration. a. When charitable promises are made without consideration or reliance there must be formality (evidence that the parties intended to be legally bound). (Deleo) i. Oral vs. Written ii. On death bed vs. more lucid with witnesses 2. BARGAINa. Consideration Elements (§71) i. To constitute consideration, a performance or a return promise must be bargained for. (§ 71(1)) Bargained for: sought by the promisor in exchange for his promise and is given by the promisee in exchange for that promise. (§71(2))(Whitten v. Greeley-Shaw: mistress; husband did not bargain) Performance may consist of: (§71(3)) a) an act other than a promise; b) a forbearance (Hamer v. Sidway: no drinking deal w/ uncle) (Duncan v. Black: empty cotton suit); c) the creation, modification, or destruction of a legal relation ii. Warnings for a lack of bargaining (from Whitten): The party proposing the contract also receives material benefit One party is vulnerable and the other takes advantage of a duress-like situation b. Consideration as Motive (§ 81) i. The fact that what is bargained for does not of itself induce the making of a promise does not prevent it from being consideration for the...
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...Instructor’s Manual Jane Murtaugh College of DuPage BUSINESS IN ACTION 3rd Edition COURTLAND L. BOVEE JOHN V. THILL & BARBARA E. SCHATZMAN Introduction This Instructor’s Manual brings together a set of completely integrated support materials designed to save instructors the trouble of finding and assembling the resources available for each chapter of the text. 1. Course Planning Guide Included in the guide are suggestions for course design, classroom activities, and supplemental teaching aids. 2. Learning Objectives and Summary of Learning Objectives For each chapter, learning objectives and the summary of the learning objectives are listed. 3. Brief Chapter Outlines For each chapter, a brief chapter outline is provided. 4. Lecture Notes and Chapter Outlines For each chapter, a comprehensive outline is provided, as well as a variety of stimulating lecture enrichment materials. 5. Real-World Cases At least two real-world cases related to chapter material are included for each chapter. 6. Answers to End-of-Chapter Questions Answers to the end-of-chapter questions are provided, as well as suggested teaching tips when appropriate. 7. Answers to See It on the Web Exercises Following the end-of-chapter questions, answers to the See It on the Web Exercises can be found, along with tips for the instructor. Answers to Boxed Features In each chapter, students are presented with at least two supplemental “boxes,” both containing questions about the material discussed. Answers...
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...Healthcare Reform Questions & Answers for Employers Updated November 19, 2014 © 2014 GALLAGHER BENEFIT SERVICES, I NC . DISCLAIMER We share this information with our clients and friends for general informational purposes only. It does not necessarily address all of your specific issues. It should not be construed as, nor is it intended to provide, legal advice. Questions regarding specific issues and application of these rules to your plans should be addressed by your legal counsel. Page i | © Gallagher Benefit Services, Inc. 2014 Contents BACKGROUND ......................................................................................................... 1 EMPLOYER RESPONSIBILITIES ......................................................................... 1 General ......................................................................................................... 1 1. Is there anything we have to do immediately? .................................................................. 1 2. Will I be required to offer health insurance coverage to my employees? .......................... 1 3. When will this requirement be effective? .......................................................................... 1 4. We have between 50 and 99 full-time employees (including full-time equivalents). Will we have to do anything in order to qualify for the delay until 2016? ....................................... 1 5. Our plan is self-funded...
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...GAME CHANGE OBAMA AND THE CLINTONS, MCCAIN AND PALIN, AND THE RACE OF A LIFETIME JOHN HEILEMANN AND MARK HALPERIN FOR DIANA AND KAREN Contents Cover Title Page Prologue Part I Chapter One – Her Time Chapter Two – The Alternative Chapter Three – The Ground Beneath Her Feet Chapter Four – Getting to Yes Chapter Five – The Inevitables Chapter Six – Barack in a Box Chapter Seven – “They Looooove Me!” Chapter Eight – The Turning Point Chapter Nine – The Fun Part Chapter Ten – Two For the Price of One Chapter Eleven – Fear and Loathing in the Lizard’s Thicket Chapter Twelve – Pulling Away and Falling Apart Chapter Thirteen – Obama Agonistes Chapter Fourteen – The Bitter End Game Part II Chapter Fifteen – The Maverick and His Meltdown Chapter Sixteen – Running Unopposed Chapter Seventeen – Slipping Nooses, Slaying Demons Part III Chapter Eighteen – Paris and Berlin Chapter Nineteen – The Mile-High Club Chapter Twenty – Sarahcuda Chapter Twenty-One – September Surprise Chapter Twenty-Two – Seconds in Command Chapter Twenty-Three – The Finish Line Epilogue – Together at Last Index Author’s Notes About the Authors Copyright About the Publisher Prologue BARACK OBAMA JERKED BOLT upright in bed at three o’clock in the morning. Darkness enveloped his low-rent room at the Des Moines Hampton Inn; the airport across the street was quiet in the hours before dawn. It was very late December 2007, a few days ahead of the Iowa caucuses. Obama had been sprinting flat out...
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