The Legality, Morality, and Social Responsibility of the
Affordable Care Act and Florida Blue.
The Patient Protection and Affordable Care Act was signed into law on March 23rd, 2010. The Act is a daring attempt by President Barack Obama to reform the healthcare system in the United States. The new healthcare reform act is historical because of its scope and size. Opponents to the healthcare act state it is an attempt to increase the size and power of the federal government and it is one of "the largest tax increase in the history of the world,” despite it being almost equally in size to President Clinton 1993 tax increase (“‘Obamacare’ isn’t the largest”, 2012). There is an abundance of questions surrounding the new healthcare act ranging from the constitutionality of Act to the ethical and moral ramifications of such wide sweeping legislation. This paper will attempt to answer some of these questions as they pertain to healthcare provider Florida Blue. We will also explore how Florida Blue is transitioning as a company under these new laws and their role as a socially responsible company in the community. On June 28, 2012, the Supreme Court rendered a final decision to uphold the Affordable Care Act. According to (Cavico & Mujtaba, 2008) this was possible due President Lincoln’s leadership, implementing the legal system; it was restored to be more liberal, justified, and democratic. The idea is that every law enables the government of the people, by the people, and for the people to make laws that befit the people. The constitution was effectively written to allow for flexibility. The new provisions would allow families and small business owners the ability to make choices that work best for them. The power of the government is divided into three branches judicial, executive, and legislative. In order for a bill to become law, all three branches of government must approve it.
That separation of power is what does not allow one branch from becoming more powerful than any of the others. Under the law, the new “Patient’s Bill of Rights” gives the American people the stability and flexibility they need to make informed choices about their health. (Obama, 2013) The main purpose of President Obama’s bold healthcare reform was to address the affordability and quality of health care as well as to curb the growth of healthcare spending in the United States. Many of the provisions in the Affordable Care Act are aimed at fixing these major issues facing the U.S health care and insurance industries. In the idea of not only helping the people to consider and obtain health insurance. The group agrees that the law is constitutional and should be addressed, in most countries there are laws stating that you much have health insurance and based on your income you get it for free or you pay a very small amount. The United States has waited a long time to enact this law and should be enforce. Despite evidence to the contrary, explained in the joint dissent the Chief Justice named Roberts, along with 4 other Justices Breyer, Ginsberg, Kagan, and Sotomayor upheld Obamacare’s “penalty imposed upon individuals’ failure to purchase federally-approved health insurance (the Individual Mandate) as within Congress’ taxing power.” A majority of the Court held that the Constitution’s Commerce Clause did not grant Congress the power to institute an individual mandate. A significant portion of the law’s Medicaid provision was partially overturned as an unconstitutional coercive federal spending condition imposed on the states. Instead of entirely striking down this provision, the Secretary of Health and Human Services is prevented from withholding current Medicaid federal spending to those states who decide not to participate in Obamacare’s Medicaid expansion. (Teller, 2012). Whether Obamacare was upheld as a proper exercise of Congress’ taxing power or through the commerce power is simply a distinction without a...
References: Chang, Daniel. (October 31, 2013). Florida Blue informs 300,000 members health care plans will expire. Bradenton Herald. http://www.bradenton.com/2013/10/31/4801651/rate-shock-stings-some-floridians.html
Cavico, F., & Mujtaba, B. (2009). Business Ethics: The Moral Foundation of
Effective Leadership, Management, and Entrepreneurship (2nd ed.). Boston, Massachusetts: Pearson Custom Publishing.
Cavico, F., & Mujtaba, B. (2008). Legal Challenges for the Global Manager and Entrepreneur. Dubuque, Iowa: Kendall/Hunt Publishing.
Mill, J. (2010). Utilitarianism. New York: Broadview Press.
Rosenbaum, S. (2011). The Patient Protection and Affordable Care Act: Implications for
Public Health Policy and Practice. Public Health Reports, 126(1), 130-135.
Abelson, Reed. (February 5, 2013). Health Insurance Companies Get in Shape for 2014. New York Times. http://www.nytimes.com/2013/02/06/business/florida-blue-and-other-health-insurers-prepare-for-new-regulations.html?_r=0
Warnock, Kate. October 7, 2013. The Opening of the Health Insurance Marketplace | Pat Geraghty Weighs In. Florida Blue Blog. http://blog.floridablue.com/the-opening-of-the-health-insurance-marketplace-pat-geraghty-weighs-in/
Klein, Ezra. July 2, 2012. No, ‘Obamacare’ isn’t ‘the largest tax increase in the history of the world’. Washington Post. http://www.washingtonpost.com/blogs/wonkblog/wp/2012/07/02/no-obamacare-isnt-the-largest-tax-increase-in-the-history-of-the-world-in-one-chart/
Please join StudyMode to read the full document