Patient Protection and Affordable Care Act - Essay Example

"Patient Protection and Affordable Care Act " is a perfect example of a paper on the health system.
RESEARCH CRITIQUE 

Theme/Title of your research proposal 

The Effect of Obama’s Affordable Care Act on Public Health 

COMPLETE APA REFERENCE 

(incorrect form): 

Davis, C.S., & Somers, S. (2011). The national health care reform and the public's health. Journal of Law, Medicine, & Ethics, 39(1), Retrieved from http://onlinelibrary.wiley.com/journal/10.1111/%28ISSN%291748-720X;jsessionid=0E5C04E07D9AFCE2E397D40EB386961C.d03t02 ISSN: 1748-720X 

SUMMARY (not to exceed 50% of review): 

Obama’s new Patient Protection and Affordable Care Act (ACA) is controversial legislation.  Many lawmakers and states argue that parts of the Act, specifically the individual mandate rule, it violates both citizens’ Constitutional Rights and that it is an abuse of Congressional power.  However, even if the Supreme Court deems the individual mandate part of the ACA unconstitutional, several beneficial rules will remain intact.  Many of these rules fall under Title IV of the ACA and institute new programs and procedures for improving maintaining public health (Davis & Somers 2011). Although Obama’s new legislation may not be the best plan for individual health care, it will positively affect the public health of United States citizens as a whole. 

CRITICAL ANALYSIS: 

The constitutional basis for Obama’s new Affordable care act is still under debate.  Firstly, States claim the ACA is an abuse of Congressional power because it attempts to regulate a citizen’s right to inaction- the right to not purchase health insurance.  This right should be upheld in the Commerce Clause according to certain lawmakers, but courts gave the case mixed judgments.  Others argue that the individual mandate is also unconstitutional because it is akin to enforcing a direct tax on citizens (Davis & Somers 2011).  Nevertheless, even with the individual mandate thrown out of the act, several great public health provisions will likely remain intact for the ACA’s institution in 2014.  These new rules include requiring chain restaurants to post nutritional information, mandating employers to provide mothers with adequate nursing times, funding potentially beneficial drugs the private sector will not fund, helping increase the study of depression and its treatment, establishing a public education program, and raising breast cancer awareness (Davis & Sommers 2011).  A new public health fund will give approximately $2 million to such programs and initiatives by 2015 and a health care task force will provide recommendations for further research (Davis & Sommers 2011).  As a member of a supposedly “free” nation it does seem like overuse of Congressional power to force all citizens to purchase health care, however, the ACA will include several beneficial public health reforms, education, and programs. 

PRACTICAL APPLICATIONS/IMPLICATIONS: 

This article serves as a good foundation to show the important impact Obama’s ACA will have on public health.  It breaks down the controversial legal aspects of the ACA without slandering the entire act. Besides, it provides succinct examples of how the act will benefit America’s public health.  Through this article, it becomes clear that, although changes are likely to be made to Obama’s ACA, the public health advantages will likely remain by the time the act is officially imposed in 2015.