Choose 2 questions - Assignment Example

Final exam Affiliation Final exam The legal system of health care system in the United s has been attributed with many laws that were enacted in the effort of improving the health care system in the United System. This is because although the United States is one of the super powers it has been rated by the World Health organization to offer the poorest health or patient care despite having the resources. The federal government has been given the mandate to control the health care system although some of the powers have been delegated to the state (Broder, 2010).

Repealing the health care system is not an easy task for the congress a law cannot be reviewed partly, but wholly to ensure that its implications are positive. The law that I would want reviewed or repealed is the antitrust laws. This is because they need to elaborate to ensure that they make way for the organizations to be accountable. The act has a loophole because competing hospital system can decide to come together and share pricing information meaning that they will impose more money on the patients.

However, under the Sherman Act section one it is illegal to raise prices, but when hospital organizations come together to lower prices they cannot be held accountable (Harris & American Bar Association, 2001). Therefore, it is imperative that the federal government corrects that mistake to ensure that the hospital organizations are regulated to ensure that they do not overprice their patients. This is because some of them may not even have the ability to pay for the little that is being asked by the hospital.

Additionally, the issue of raising prices because of market dominance is not a role given to the Medicare as they set their prices unilaterally. Question 2Case law in the health care system have played a major role as precedents. This is because the federal and state courts have used them as reference to establish whether they have the same legal basis; hence, making it easy for them to solve problems. For example, the case of Roe v. Wade has helped many jurisdiction to determine whether it is morally and ethically right to terminate a pregnancy and at what stage (Hyatt & Hopkins, 2012).

This case has allowed the enactment of statutes that have safeguarded and guarantee the equal rights of women. Therefore, without the case law the justice system would delay in finding the correct way to make a ruling. For that reason, it is clear that case laws in the health care system have an imperative role in creating precedents that can be used. In my opinion, the case law that should be modified or repealed is the case of Thomas More Law Center v. President of the United States 651 F.3d 529, 546.

The plaintiffs in these case argued that the congress lacked the authority to mandate health insurance under the Commerce Clause. The plaintiff has further argued that the health care reforms violated the First Amendment Right where every individual had the freedom to exercise their religion. This case should modified because people in the United States have the right or freedom to exercise religion. Therefore, by the court indicating that the mandate was a constitutional exercise of the governmental control right they did not consider the rights of the people to practice their religion.

In that, if their religion does not agree for the individual to take an insurance cover they should be allowed as the constitution provides for freedom of religion. ReferencesBroder, D. (2010). U.S. Antitrust Law and Enforcement: A Practice Introduction. Oxford: Oxford, University Press, USA.Harris, H. S., & American Bar Association. (2001). Competition laws outside the United States. Chicago, Ill: Section of Antitrust Law, American Bar Association.Hyatt, T. K., & Hopkins, B. R. (2012). The law of tax-exempt healthcare organizations.

Hoboken, N.J.: Chichester: Wiley; John Wiley [distributor].Thomas More Law Center v. President of the United States 651 F.3d 529, 546