The Affordable Care Act
Florida International University
BUL6810: The Legal Environment of Business
Copyright 2014 Yixing Li
Introduction of my paper
My article, which is based on the Affordable Care Act, analyzes five provisions, three regulations, and two the most important cases, including Burwell v. Hobby Lobby and the National Federation of Business v. Sebelius, to explain my understanding of the ACA. I really believe that the ACA is helpful to improve the environment of health care in America. However, it still has some deficiencies. Therefore, I will give some my personal inspirations, which I learn from this course, to illustrate these deficiencies in the ACA. Finally, I will present a brief conclusion about evolution of laws, which will influence the future.
Five Provisions of the ACA
The five provisions are related to the human’s 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”( PPACA, 2010 ). 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 penalized”( PPACA, 2010 ). According to this provision, I firmly consider that everyone can choose to out of Obamacare without penalty. In my personal point of view, I really admire this provision. I always considered everyone should join Obamacare 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. 1555 completely embodies human rights. Individuals have right to freely decide their own affairs, no one can enforce them to do anything illegally. Provision 2.
My second provision is individual mandate provision. “ individuals who are not covered by a healthcare insurance will be charged an annual tax penalty of $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 ($2,085 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 country 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. I 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 humanized idea. However, this provision is unreasonable in total. According to Sec. 1555, 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 Obamacare,...
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