The recent passage of the Patient Protection and Affordable Care Act created legal issues about whether the Federal government has the power to make it mandatory for individuals to buy healthcare insurance and whether states can opt out or nullify such provisions. The Constitution of the USA does not provide citizens with an explicit right to healthcare. The Supreme Court has held that as per the Constitution, individuals can seek healthcare services at their own cost from the available service providers. (Swendiman, 2010, p.2). It has also held that there is no provision that guarantees government health care for those that cannot afford it. At the same time, many states in the US have constitutional state provisions relative to providing healthcare services to citizens. As compared to the Federal government, the constitutions of states have more expansive provisions relative to health care because federal rights require states to comply with minimum standards (Bayer, 2007, p.1). The issue that arises in this regard is the extent to which states can legally restrain the freedom of individuals in serving the common good of the entire population. In addition, the question arises about the extent to which public welfare can be protected in justifying government actions relative to curtailing or eroding fundamental rights. Such issues form the basis of controversy and long drawn debates relative to public health in the US. The Supreme Court has described inter-state commerce as being amongst economic activities that impact the country’s economy. Given that the health care sector impacts the country’s economy, it becomes implied from this argument that the federal government has the right to control health care through legislation. Although the US Supreme Court and Constitution do not acknowledge the constitutional right to healthcare for people unable to afford it, a number of statutes have been enacted by the Federal government, such as the Children’s Health Program, Medicaid and Medicare, which describe and establish the precise rights of individuals relative to receiving healthcare services from the state. A major element of several healthcare entitlements from the government is the funding for healthcare facilities that are provided under the law. Majority of these provisions were enacted following recognition of the Federal government’s authority to enact laws that are necessary for carrying out its authorization for providing towards the general welfare of individuals. This authority to spend on healthcare is considered to be a broad grant of authority vested to the Federal government by the country’s Constitution. The Supreme Court gives significant regard to the legislative decisions taken by the Congress for making provisions for healthcare budgets in keeping with the objectives of public welfare (Garrett, 2000, p.216). However, there are a number of tensions about the scope of public health and the extent to which it can be accepted, especially in terms of the original issues relative to fighting infectious diseases during the 19th and early 20th centuries. The issue attained more significance at the end of the 20th century because of efforts to resolve the chronic patterns that
The State and the Individual (14.03.12) In the continuing debate over the rights of majorities and minorities and the power of the state and power of the individual, there are several issues at stake. This paper examines the right of the individual and the power of the state as it relates to health care policy and then discusses the views of Machiavelli and Locke on how the two philosophers perceived the power of the majority, minority, the state, and the individual and how such concepts are applicable to the issue of healthcare…
militarism and secrecy), it also made clear that we have no consistent or coherent understanding of the individual's relationship to the state. Instead, we have tense, constantly negotiated, constantly changing relationships that bounce between several basic configurations.
The United States insurance industry is characterized by a number of key dominant features that determine the nature of competition, entry of new players, nature of competition and the overall cost of insurance cover.
Individuals would abandon their claim to a natural right to as they wish to the general will of the people. This general will is generally found within the laws of a country. The people give up their natural right because the terms of the social contract mean that their individual rights are guaranteed by the state.
The aim of this work is to look at entrepreneurship and intrapreneurship from more scientific and managerial viewpoint, to see their roles in the modern small and medium enterprises, the role of innovation and its critical evaluation for the entrepreneurship, as well as strategies and resources necessary for managing an enterprise and the governmental policies in this area.
ard of our following discussion therefore, will be the statement of the Grand Inquisitor to Jesus, “Thou didst desire man’s free love, that he should follow Thee freely…in place of the rigid ancient law, man must hereafter, with free heart, decide for himself what is good
After Hobbes, the best-known proponents of this dominant theory within moral and political constructs are John Locke and Jean-Jacques Rousseau.
The social contract theory is often used in understanding and analyzing the conduct of
It was a period when new reforms and knowledge was added to the field of medicine. The concept of the term disease itself changed and got a new meaning. The duties of the doctor and the relationship between a doctor and a physician underwent many
rity to the basic meaning of freedom prior to contextualizing it might as well help especially for the sake of those new in understanding this field of thought.
Freedom, or one which has often been referred to as or used interchangeably with liberty, is that which constitutes a
These factors included increase in taxes, a growing middle class that was excluded from political power and the wide acceptance of philosophies by reformists. After 1789, there were bids to improve the relationship
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