The Obamacare Policy
This is a policy enacted by Barrack Obama in a bid to improve on the provision of health care services in the U.S. This paper details about the key elements of this program and touches a bit on the federal aspects that come with the enactment of this policy.
Elements of the Obamacare Policy and the Problem it is supposed to solve
The key element of the Obamacare Policy is that all Americans should purchase health care insurance plans approved by the government (Thompson, 2012). This provision allows for the transfer of tax-payer funded payments to help families that earn less than the federal poverty level to also purchase health care plans. This policy also requires that health-care plans should cover all health services including sterilizations, contraceptives, as well as abortion services.
The Obamacare policy also provides for coverage of child health care and especially to prevent child obesity (Thompson, 2012). This policy also seeks to ensure that all employees have a safe working environment and that they enjoy improved work place benefits.
Terms of the policy ensure that every American is able to access the best health care services regardless of their income. This is made possible in that health plans have become more affordable. More so, a taxing plan is already in place where individuals pay tax based on their earnings.
History of the Policy
In 1965, the then president, Lyndon Johnson, enacted a law that introduced Medicare. Medicare covered hospital and medical insurance for senior citizens. This medical coverage was paid for by the Federal employment tax (Thompson, 2012).
Another law was enacted in 1985. The Consolidated Omnibus Budget Reconciliation Act was enacted to effect amendments on another act, the Employment Retirement Income Security Act. This amendment made it possible for retired employees to continue enjoying the health benefits covered by their former employer (Thompson, 2012).
The federal government established the State Children’s Health Insurance Program in 1997. This act provided for health services for children from families with an income 200% below the federal poverty line (Thompson, 2012). The next health reform was enacted in 2010 by President Barrack Obama. The main provision of this policy is the affordable insurance health care plans.
How this Policy raises issues of Federalism
Federalism can be defined as a mechanism that the American constitution uses to differentiate authority at the local and national level. The Congress and other people who are against the Obamacare policy went to court protesting that a number of provisions in the policy exceed set boundaries as provided for by the constitution (Thompson, 2012). According to the policy, all Americans are supposed to purchase health care insurance. The suit is based on the ground that it oversteps its mandate and overrides certain human rights by coercing the citizens into purchasing something that they may not willingly want. An adult has the liberty make their own choices on what is best for them.
Pros and cons in debates about the Obamacare Policy
Pros: The Obamacare policy has provisions where individuals are made to pay taxes as per their total income. Those that earn more pay more taxes. There is also a provision for the transfer of tax-paid funds for medical services (“Obamacare Analysis,” n.d.). This ensures that everyone has access to good medical services regardless of their financial status.
The policy also ensures that employees work in a favorable environment. They are also entitled to medical services as covered by their employers. The medical cover still runs even after their retirement.
There are employees who keep jobs that they do not like because they would not want to lose their health care benefits (“Obamacare Analysis,” n.d.). With this policy in place, such employees have the freedom to keep jobs of their choice.
Cons: The government has increased tax rates and the most affected are the rich. Again, most doctors avoid treating patients covered by Medicare since the policy has stated a payment policy to protect patients. This payment plan works against the doctors (“Obamacare Analysis,” n.d.).
Most employers and companies such as Medicare and Medicaid are not favored by the terms of the policy. They are forced to cut down on their policy rates, something that has really affected their business. As for the employers, they now have to meet the extra costs of covering medical expenses for their employees, including the retired ones.
The Policy’s effectiveness
Effectiveness can be defined as the standard to which set objectives are met, and targeted problems solved. Effectiveness is not determined in terms of costs but in terms of doing the right thing at the right place and time (Nix, 2012).
The effectiveness of Obamacare can be broken down into four check points. One is the employer-employee mandates for insurance where the employer is supposed to have all their employees covered even in retirement (Nix, 2012). Under this, everyone who is over 65 years is expected to have a Medicare health plan. This has resulted to increased costs, and thus, poor medical conditions.
There are two insurance options; the public option, and the private option. The government has to come up with ways to make people pick their medical cover options in place of the private ones (Nix, 2012). Since their costs are cheaper, the private enterprises are pushed out of the market, resulting to insufficient medical providers.
The policy seeks to have control over the medical insurance in the America at the national level. This is only a means for the government to have full control on how the market is run both in the present and future times. The citizens would have little or no say in this.
This policy provides that a Comparative Effectiveness Research Board be established. The role of this board is to keep in check the provision of medical services and ensure that funds are not misappropriated. This only limits the doctors and patients since they will always have to go by the rules.
The Policy’s consistency with the constitutional framework of Federalism
The American constitution has provided for a federal system, though it has not clearly defined what it actually is. The constitution has however, given more powers to the federal system as compared to the confederation units.
The Obamacare federation policy goes against federalism in that it imposes that all American citizens purchase a health care plan from a federally approved health insurance body (Thompson, 2012). A monetary penalty is issued to anyone who does not purchase the health plan. This is against the constitutional framework in that it is a violation of an individual’s right to make their own choices. Conclusively, the Obamacare program has not been as successful as people would have wanted it to be. It has more negative impacts that positivities and has gone beyond federal boundaries. In respect to this, it would help if some amendments were made to ensure that the policy is in line with the constitutional federal framework.
References
(2012, 05). Obamacare Analysis. StudyMode.com. Retrieved 05, 2012, from
Nix Kathryn. (2012, April 12). Comparative Effectiveness Research under Obamacare: A
Slippery Slope to Health care rationing. Health Care, #2679. Retrieved from
Thompson Frank. (2012). Medicaid Politics: Federalism, Policy Durability, and Health Reform.
New York: Georgetown University Press
