Health Care Laws and Regulatory Issues
HCS/430: Legal Issues In Health Care: Regulation And Compliance
Wk 1 - Health Care Laws and Regulatory Issues [Due Day #]
Wk 1 - Health Care Laws and Regulatory Issues [Due Day #]
Assignment Content
Like all laws, health care laws start as health care policy and make their way through the legislative process to become law. It is important to understand that hundreds of policies and ideas work through this process each year; however, only a select few will become law. The purpose of this assignment is for you to read about a current regulatory issue in health care and understand how laws support the regulation of the health care industry
Research and identify one article or a current legal case within the last 3 to 5 years (e.g., an issue that went to court to have the court determine the outcome) that involves one of the following issues:
A regulatory issue in health care
A regulatory issue specific to institutional health care
Write a 350- to 700-word paper in which you:
Summarize the case or article.
Define a law involved with the chosen regulatory issue from both a state level (choose one common state) and a federal level.
Explain how and why the law was created.
Consider what you have read in the article or legal case on the selected regulatory issue, and explain the impact that regulatory issues and trends have on the health care industry.
Healthcare Laws and Regulatory Issues
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Summarize the case or article
This paper discusses the Texas v. Azar/U.S. lawsuit presented by Republican state officials challenging the constitutionality of ACA. Congress passed Patient Protection and Affordable Care Act (ACA) in 2010 to raise the number of Americans with health insurance, reduce healthcare expenses and offer critical protections to healthcare consumers. Texas and other nineteen states and two individual plaintiffs filed an objection in Texas District court claiming that the law’s individual mandate requirement is unconstitutional. In addition, the plaintiffs claimed that the remaining part of the law is inseverable from that provision and thus must likewise fall (Musumeci, 2019). The court established the individual mandate as unconstitutional after the penalty was set at $0 by Congress. But rather than deciding what this implies for the remaining ACA provisions, the court remanded the case for more examination on the severability questions. The Supreme Court in June 2021 held that the appellants challenging ACA constitutionality lacked the standing to do so. The suit dismissal is a massive victory for persons who gained from the ACA enlargement of healthcare access and the protections it gives to healthcare consumers (Musumeci, 2019).
Define a law involved with the chosen regulatory issue from both a state level
Congress 2017 revised the ACA to remove the financial penalization the ACA enforced on persons without insurance. By permitting the rest of the ACA provisions when it decreased the shared responsibility payment to $0 in 2017, Congress decidedly created the remaining part of the law to operate without an enforceable mandate (Musumeci, 2019). In addition, since the amendment was made in...