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The Affordable Care Act
Jasmine D Barnett
Liberty University
December 17th, 2021
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The Affordable Care Act
Introduction
The United States of America federal government has been working hard to make sure the U.S
citizens can enjoy high quality health care services at affordable rates. The Affordable Care Act
formerly known as Patient Protection Act, and after Obama Care was enacted by the 111th
Congress and signed into law by the former United States of America president Barack Obama
in 2010. The aim of the Act was to make sure all United States of America citizens were able to
access healthcare services in the best way. This was after at some point people from poor
families had failed to access the best insurance cover that would facilitate their health care
services. A good healthcare system is the one where everyone in each society will be able to
access health regardless of one’s financial status as well as race. There are cases where it had
been found that people of color had found it hard to access quality healthcare services when
compared to white people. When skins color and race become a factor to determine the quality of
healthcare one will access it will mean people from given races will die of diseases that would be
avoided when quality healthcare was offered to all.
The ACA was aimed in making sure more people would access healthcare services at lower
rates when compared to what was happening before the Act was signed into a law. The Act was
in addition, aimed in making sure anyone living in the United States of America would be able to
access the best healthcare services a situation that would boost the mortality rate. The Act made
provisions of making sure all United States of America would be able to undergo early screening
to make sure they are well covered and protected from some deadly diseases like cancer when
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discovered at later stages. This was a good idea for people of color and Indian Americans who
have been found to be vulnerable to cancer. Through the Medicare and Medicaid insurance
coverage introduced through the ACA it was possible for more U.S citizens to access quality
healthcare services at affordable rates something that was not happening before the introduction
of Affordable Care Act in the United States of America. Through Medicare more United States
of America were able to enough quality healthcare services through private insurance companies.
The Summary of Affordable Care Act
Through the leadership of President Barack Obama, the healthcare sector was highly
improved, and this was through shifting the Patient Protection Act into Obama Care where more
United States of America citizens were able to access quality healthcare. This was one way of
making sure people of color and people from poor families were able to access health insurance
cover they could afford and pay for without struggling. Besides, the introduction of Medicare
and Medicaid made sure people of all age and class living would access healthcare insurance
coverage. Medicaid was aimed in making sure aged people were able to access affordable
healthcare insurance coverage. Aged people are known to be prone to old age diseases and it’s
during this period when old, aged people require more attention on healthcare. It became
possible through the Affordable Care Act for aged people to afford regular medical check up at
an affordable rate. Besides, Medicare was a plan for young people who majority were working to
enjoy quality healthcare services trough insurance. The major aim of the affordable Care act was
to increase the number of people who would access insurance health care services at affordable
rates. A healthy nation is a working nation, and this was the reason why the United States of
America federal government was willing to come up with a policy that made sure most of the
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United States of America citizens were able to access quality healthcare. There are countries
where healthcare Quality services have been denied to many people due to race and poverty.
The author of the article is addressing an important article concerning the topic of
universal healthcare. According to the author of the article prolonged stay in the hospital would
lead to increased cost and this at times would deny many individuals the chance of undergoing
complete recovery. The author brings more on the benefits of universal health care in many parts
of the world like in England. The universal healthcare is aimed in providing free healthcare
services because it is the right of every citizen to access quality healthcare. Denying people free
healthcare like in developing nations can be catastrophic especially where individuals realize that
they cannot afford healthcare services at a fee. England is a good example according to the
author that has fully embraced full universal healthcare where even ambulance rides are free, and
all other treatments one will require while in the hospital. According to Kennedy (2017) the
United Kingdom is a good example of a country where other countries can learn more on how to
have an effective and efficient universal healthcare service. The United Kingdom is a country
that has come up with a policy where the health of their citizens comes first and as narrated in
the story the narrator gives an example of a young boy who was on and off in the hospital and if
it was done under a cost, it could have been expensive and maybe fail to afford such services.
The author of the article declares that he has had interest in the American healthcare
system. According to the author countries like the United Kingdom have found a way of solving
their healthcare issues. However, in the United States of America the introduction of Obama
Care and The Patient Protection and Affordable Act were aimed in solving the American health
issues, but it has always been a puzzle. As from the article the author believes the universal
health care is the best way to go and that is why he believes soon the US will go the universal
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health care way. According to Kennedy (2017) when the UK was moving to universal healthcare
system many countries thought it was impossible but over the years it has proofed to be the best
system of providing healthcare services.
As from the article Britain had started embracing free healthcare services as early as 1945
and this was why brining the universal healthcare on board was easy. In 1945 after the World
War II for example the Britain passed laws that were aimed in making sure soldiers and their
families would have access to free healthcare and one can say this was the foundation of the
universal healthcare policy. However, during this period the US chose the individualistic rather
than collective economic system and this explains why it has been hard for the US to find ways
of embracing fully the universal healthcare.
Some of the pros found in the author’s point of view are that anyone reading the article
will be able to learn more on the importance of universal healthcare. Again, it is clear from the
author that universal healthcare can be achieved by any country if the right policies are put in
place. Most of the countries have failed to embrace fully universal healthcare because they keep
on coming up with new healthcare programs like in the use where instead of working hard to
change Medicare the Obama case was brought on board (Kennedy, 2017). The cons associated
with the writers’ point of view is the fact that he has not provided the challenges faced by the
British government while providing universal healthcare. Giving the better side of universal
healthcare might not be enough because a thorough report should be provided with all the
expected countries. The author has criticized Medicare and Obama but did not issue the benefits
accrued from the healthcare plans. However, in conclusion all countries in the world should work
hard to achieve universal healthcare because it is the right of every citizen to get quality
healthcare services.
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Alternative dispute resolution (ADH) has at times been referred to as external dispute resolution.
The alternative dispute resolution covers a wide range of dispute resolution processes and
methods that are used in making sure disagreeing parties can find a way of agreeing and getting a
solution to their disputes. In addition, alternative dispute resolution has been said to be a
collective way of solving problems existing in the healthcare problems. On many occasions
when healthcare disputes are not addressed in the best way they can lead to cases where lives can
be lost. A dispute can be between medical staff and a patient and in such a case the patient may
find it hard to be healed in the right time and this can prolong the time such patients stay in the
hospital, increasing the cost of treatment. One of the reasons why alternative dispute resolution
has been accepted in the public is because it has become acceptable even in the court systems
and this is because it has yielded tangible results in different fields healthcare included. One of
the reasons why alternative dispute resolution is said to be fit to be used in healthcare sector is
due to the ever-increasing commercialization in the healthcare industry.
Through the increasing commercialization in the healthcare sector, it means more private
investors have joined the industry and this again means more disputes will be realized and this
explains why the alternative dispute resolution idea has been introduced in the healthcare
industry in the recent years. There are different cases where the alternative dispute resolution
methods have been used in the healthcare sector. While studying the healthcare sector one
realizes that there are a lot of things and changes that have been happening in the healthcare
industry in the recent years (Rouse). Besides, the aim of the healthcare sector is to make sure
patients are protected as medical errors are minimized. Medical errors can be the source of
disputes in the health sector, and this explains why ADR methods should be well utilized and
explained to make sure in case of a medical dispute things will be settled at ease.
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In the healthcare sector consensus ends once a medical error occurs and this is when
lawyers, patients and other healthcare practitioners comes in to make sure an agreement is
realized before things gets worse. Sometimes a doctor may to be willing to be taken to a court of
law once a medical error occurs because it may lead to image destruction a situation that may
make the government withdrawal the license of such a healthcare practitioner. In such cases the
doctor may decide to share with their patients some of the factors that led to an adverse event.
However, alternative dispute resolution methods have been viewed as traditional ways of
handling disputes because they avoid the issue of being in the court or even such cases from
being known to the public (Raymond). At times it has been found that patients use malpractice
claims in effort of trying to information that will be used in explaining their undesired outcome.
However, the litigation process of alternative dispute resolution has been introduced on several
occasions to help in making sure communication is maintained at professional levels.
However, one of the reasons why it has alternative dispute resolution has become
common in healthcare sector is because it has been found to be a great way of solving
disagreements in the sector. Alternative dispute resolution is method that reduces the cost of
resolving a dispute encourages disclosure as well as improve the safety of the patients. One of
the best ways of making sure healthcare sector achieves professionalism is when patient safety
and confidentiality is attained. Physicians have had times of communicating the truth once a
medical error occurs and this is because they have been taught to be so traditionally; not to
accept or admit to anything. One of the reasons why physicians have never wanted to share any
information related to adverse situation is because such situations can lead to litigation.
However, alternative dispute resolution is one of the methods that have helped in making sure
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physicians can find the courage of sharing any information that explains more about an adverse
situation.
Basic Principles of Alternative Dispute Resolution
While discussing more about the ADR it is advisable to make sure one understands the
principles of the problem-solving method in healthcare sector. Alternative dispute resolution
method is a process that involves parties that have volunteered themselves in making sure they
settle their differences. Through the volunteering idea it will be possible for the right resolution
to be realized and this will be a great way of making sure any harm found to shorten the period
used in handling a given dispute. However, this proofs to be a great way of solving disputes
when compared to courts where a case may take a longer period than expected. Any cases
presented in a court of law is said to costly and expensive, but ADR is a method that has offered
a cost-free ways of handling disputes. ADR is a way resolving a conflict that is based on good
faith. Good faith makes sure all involved parties will provide the required information in solving
the conflict. Confidentiality is the right of every patient, and this has been one of the important
ADR principles.
Issues Raised in using ADR to Resolve malpractice Claims
There are several issues that have been raised in relation to the use of alternative dispute
resolution in addressing malpractices claims. Most of the known medical malpractice claims
have been solved through out-of-court methods. However, this has been happening because
handling a case in a court by judges and jury is expensive and time consuming. At times the
claimant may required to have a lot of information that will proof a mistake occurred and such
situations can be tiresome, and one may not even be able to acquire all the required information.
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Sometimes patients will be required to proof that negligence occurred and such information may
not be attainable. In such situations patients will be expected to spend a lot of money trying to
gather the desired information that will be presented in a court of law, as well as hiring an
attorney. However, through ADR it will be possible for two parties to solve an underlying
dispute without spending a lot because the court and lawyers will not be involved in the process.
One of the best things about ADR is the fact that the two involved parties may decide to be
honest with each other because they want to achieve the best for each other. However, on many
occasions when the courts are involved most of the doctors and nurses affected by the given case
will not be willing to present the facts on what happened. Failure to provide facts about an injury
a patient underwent due to negligence of the doctor may make it hard for the patient to recover
because no one knows what happened really and this can affect the recovery period of a patient.
Besides, ADR presents a friendly method of solving the malpractices claims in the healthcare
sector and facts being presented in the best way will help in making sure the patient can recover
quickly from the injuries they might have acquired due to negligence of the doctors.
When two parties decide to use alternative dispute resolution in handling a disagreement,
they work with a neutral third party. The role of the third party is to facilitate the process of
addressing the issue at hand. In addition, the mediator will make sure a fare determination is
made where every involved party will feel that the dispute has been resolved in the best way. The
mediator is not expected to make any decision in relation to the claim at hand but play the role of
making sure the two involved parties can engage in a constructive dialogue.
The legal aspect of the alternative dispute resolution is that at the end of the day when an
issue is being handled under the watch of a third party it is advisable to make sure rights of both
parties are protected. A good example is in the healthcare sector where a dispute is between a
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patient and a doctor. In such a case it is expected that the rights of the patient should not be
violated when settling the dispute. Mediation is a good type of alternative dispute resolution
method that when used in the best way makes sure all involved parties get justice and friendship
is maintained. Mediation is a process that allows doctors and patients to learn more on how to
avoid such cases in the future (Kurtz). Arbitration is another type of alternative dispute
resolution method where one person the arbitrator is expected to hear the arguments of both
parties. In such cases the arbitrator should always make sure the involved parties carry all their
arguments in relation to the law of the land because every dispute should be solved using the
legal aspect.
There are cases where it has been argued that the use of alternative dispute resolution can
be a great tool of initiating social change. There are cases where many countries have been
fighting any form of discrimination in the justice systems (Sourdin). There are cases where some
individuals have felt that the idea of using alternative dispute resolution at some point violates
human rights. However, the promoters of alternative dispute resolution method in Australia have
argued that most of cases solved using the ADR methods operate under the guidance of human
rights and anti- discrimination laws. However, this means such societies will get a chance of
making sure individuals who resolve a healthcare dispute can be still friends after the case and
this explains why the ADR is a process that has been said to promote social changes in the best
way. However, criticizers of ADR have argued that at times the best solution may not be realized
because the patient may not be able to understand their rights something that can be done well in
a court of law. However, in cases where patients are less informed doctors and mediators may
take advantage of such scenario and this will mean the rights of such patients will violated, and
this will mean ADR will not be a great way of handling disputes in the healthcare sector. The
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social aspect of ADR has been highly criticized and this explains why stern measures should be
utilized when handling disputes through the ADR methods. This means the law and human rights
should always influence every decision and every argument and less informed or illiterate
patients should be explained everything in detail if ADR is to be effectively used a social change
tool.
However, in other countries like the United States of America alternative dispute
resolution was method that was brought forward by human rights groups. This was after such
human rights groups felt that there were some delays that were being experienced in the justice
system. Apart from reducing cost and other benefits associated with ADR it was established that
through the process people and societies will still stick together even after having a dispute.
Besides, ADR has proofed to be one of the dispute solution methods that can maintain friendship
between people who have been involved in disputes (Tindall). However, when the involved
make sure law is followed when deciding on a given case makes sure more people can embrace
the same issue when handling issues, they experience in the health sector.
In addition, alternative dispute resolution has been said to be a collective way of solving
problems existing in the healthcare problems. On many occasions when healthcare disputes are
not addressed in the best way they can lead to cases where lives can be lost. A dispute can be
between medical staff and a patient and in such a case the patient may find it hard to be healed in
the right time and this can prolong the time such patients stay in the hospital, increasing the cost
of treatment. One of the reasons why alternative dispute resolution has been accepted in the
public is because it has become acceptable even in the court systems and this is because it has
yielded tangible results in different fields healthcare included. One of the reasons why alternative
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dispute resolution is said to be fit to be used in healthcare sector is due to the ever-increasing
commercialization in the healthcare industry.
There are cases where Bible teachings have been introduced in alternative dispute
resolution methods. Even though the bible has been applied severally in the field of alternative
dispute resolution there have been more conflictions. The Bible has known to be based on the
idea of Christians being able to make peace and ADR is one of the best ways of making sure all
affected parties can argue their issues and find a lasting solution as well as make sure peace is
maintained even after the case is solved. On many occasions when a case is presented in a case
of law in the health sector.
Financial Factors and Affordable Care Act
Health care services are daily improved in every part of the world. This is due to the tremendous
increase in population in every state which needs steady medical attention. The improvement of these
health care services cannot just be done without adequate finance to foster them. There are several
financial factors that affect the healthcare organizations in their strain to deliver quality services. At
some point, the financial factors have greatly propelled the success of healthcare organizations while in
some cases the healthcare organizations are undermined by these factors. This paper critically examines
these financial factors which include the funding sources, reimbursement methods, economic factors,
business influences, cost containment and the role of a nurse. From the analysis, we shall then realize
the factors that propel the healthcare organizations and those that undermine them.
The Affordable Care Act
This is an inclusive health care transformation rule that was initiated by Barrack Obama in the
year 2010 as affirmed by Nuzum et al, (2015). It was ratified with a range of aims concerning the
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healthcare services in the United States of America. The three principal aims include making the health
coverage be afforded by many people. The cost of the health services in the U.S had been expensive
formerly and many people could not afford them. The second major target was the expansion of
Medicaid programs so as adults who live below the poverty level could achieve the cost of health
services. Finally, the act was intended to sponsor the innovations that aimed at improving the provision
of services and procedures within the healthcare organizations. Therefore, the Affordable Care Act was
a strategy to make the health care services affordable to all the residents of the United States of
America.
Funding sources
Healthcare organizations are funded by various bodies and in various ways as stated by Creswell
and Sheikh (2013). The government is the most obvious body that funds health care organizations. In
every state, there are funds set aside to improve the medication sector. These funds are utilized in
improving the health care services and other relevant assistance. Private agencies like the insurance
bodies also aid in funding the health care organizations. Other supports include the payments made
which is used to improve the healthcare sector. Healthcare organizations can also receive donations
from well-wishers which are used to improve the sector.
Reimbursement methods
Reimbursement, being the act of refunding the amount of money that one has used, it has
played a vital role in funding the health care system. There are several methods that are employed in
this process. These methods include sharing of the shavings which is a motivation to the service
providers. The net saving is calculated and the doctors and nurses as the service providers receive it as a
privilege to offer the intended services to the patients. Fee-for-service is another method where all the
procedures and services are paid for. Discount from the billed charges; negotiations on the bills are
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made and finally, the discount is accredited. Refunding this amount is a contribution and a form of
funding the healthcare organizations. The refunded amount can be used to improve various activities
and sectors of the health care system.
Economic factors
Economic factors are the most influential factors in the health care system. It is well known that
most of the global states are still developing. In developing countries, the gap between the rich and the
poor widens every day as a result of rapid increase in population. Most people live below the poverty
level and therefore, they are financially unstable. Even the reduced charges in hospitals are difficult for
them to afford. In this way, the rich enjoy more the health services than the poor who die without
seeking health services due to economic ties. The growth in the economy in third world countries
greatly affects the poor. However, adjustments are fostered by healthcare organizations to make their
services affordable to all. In short, economic factors greatly influence the expansion and advancement
of healthcare organizations depending on the availability of capital.
Business influences
In the health care system, there is an increased number of business corporations that provide
health care services. According to Gaynor et al, (2013), these corporations are private hospitals which
compete with the government hospitals. Since these hospitals aim at making a profit, they tend to
provide quality services in order to attract patients. In addition, pharmacies that are owned by
individuals have been established. All these are forms of businesses but greatly affect the healthcare
sector. They have led to improved services which are privileges to the patients. We should also note that
there is a substantial amount of revenue that is collected from these business corporations which are
used to improve the health care system generally. We can, therefore, conclude that business has a
major influence on the health care system.
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Cost containment
Due to increase in health care service cost, various individuals have raised complains concerning
the rise in cost. The businesspeople, the federal government, individual consumers have raised alarms
on the matter. These have therefore called for the reduction in the cost of healthcare services. Reducing
costs have brought challenges in the healthcare system. It is difficult to reduce them unless some
employees are sucked. It has negatively affected the health care system due to the reduction in the
amount of money to expand the industry in order to provide quality services.
Conclusion
There are ways the need of a government coming up with a well defined and designed healthcare
system that will help all people in accessing quality healthcare. This was one of the reasons why the
United States of America through the federal government came up with the Affordable Care Act. The
affordable Care act was aimed in making sure there was increased use of insurance cover in healthcare.
Besides, the affordable Care act was aimed in making sure no one would be discriminated while
accessing healthcare in the United States of America. Through the affordable Care act, more old people
in the United States of America have found it possible to access quality healthcare. There was a time
when people from poor families and people of color found it hard to access quality healthcare and this
was found as one way of promoting white supremacy after it had been eliminated by slavery and slave
trade.
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