Organizational Responsibility and Current Health Care Issues
Patient Protection and Affordable Care Act (PPACA)
Health Law and Ethics
Patient Protection And Affordable Care Act History
“After the enactment of the Affordable Care Act (ACA) in March 2010, numerous lawsuits challenging various provisions of the momentous health care reform law were filed in the federal courts. Many of those cases were dismissed, but some federal appellate courts issued decisions on the merits of the law. In November 2011, the United States Supreme Court agreed to consider several issues related to the constitutionality of the ACA arising out of two cases in the 11th Circuit Court of ...view middle of the document...
Some private entities along with segments of the government challenged the constitutionality of various provisions of PPACA reform, its implementation, and implication. During the week of 25-June-2012, the United States Supreme Court held three days of hearings on the constitutionality of the Obama administration’s PPACA. The Supreme Court issued a Slip Opinion on 28-June-2012 upholding the constitutionality of the PPACA, including provisions for the expansion of Medicare and the individual mandate.
Implications of PPACA
The PPACA is founded in social responsibility and the ethical concepts of utilitarianism and beneficence. It has far-reaching implications for both public and private sector organizational structures, governance, and cultures. For the first time in Unites States history, the federal government issued a mandate requiring most citizens to “maintain a minimum level of health insurance coverage for themselves and their tax dependents in each month beginning in 2014.” The effect of this requirement obviously influences the public from a financial perspective, but bears influence the on the private sector as well. Organizational responsibility is not only transformed by this legislation, it is enforced. As the Sarbanes-Oxley Act legislated corporate responsibility and accountability, PPACA does the same for health care in terms of social responsibility. Much unlike the heralded welcoming of the socially responsible Medicare in 1965, until very recently, politics rendered PPACA to a protracted state of controversy.
The enforcement of social responsibility is inherent in many provisions of PPACA and health care organization must step in tune as they did upon the introduction of Medicare.
Ethics Relating to PCCA
One may argue that though the PPACA legislation is news-worthy, it is not in itself an ethical incident in need of remediation. Another might counter that argument with recognition that the legislation did arise from the identification of deficiencies in the U.S. health care system. This and the resultant political debacle link to many ethical issues and the congressional debate over the PPACA were highly contentious and protracted.
This student is of the belief that confrontational politics fueled by underlying differences in moral beliefs and values and personal interests and profits are the root causes. The U.S. government system of checks and balances has become dysfunctional. Representatives of the people have become more representative of private interests. Remove profit from the government equation and perhaps true public servants would emerge and serve as intended. It is, however, unlikely that this could occur within the lifetime of the next few generations.
Quietly spoken political resistance to provisions of PPACA that fortify the False Claims Act, prohibit physician self-referrals, mandatory compliance and ethics program requirements for nursing...