1. The main argument raised at the Supreme Court of the United States was that the individual mandate of the ACA (requiring Americans to have health insurance) was unconstitutional.
In three paragraphs (330 words and 3 references) explain the outcome of this case, and why Chief Justice Roberts was criticized for his opinion. Your explanation should be couched in terms that non-lawyers should understand
Required reading materials
439-457 in the Furrow text
http://encyclopedia.federalism.org/index.php?title=National_Federation_of_Independent_Business_v._Sebelius,_567_U.S._519_(2012)#:~:text=National%20Federation%20of%20Independent%20Business%20%28NFIB%29%20v.%20Sebelius%28567,Affordable%20Act%20%28ACA%29while%20setting%20limits%20on%20federal%20authority.
Just pick one of these reading below to read
ACA and the Uninsured:
Children, CHIP, and the ACA:
ACA and the Middle Class:
Heritage Foundation Report on 2018 ACA Exchanges: (long article–hit the highlights)
ACA Coverage for Contraception:
Texas v. US: In December 2019, a Texas federal judge ruled that the ACA was unconstitutional (Case 4:18-cv-00167-O). Because an appeal is pending (and the judge has stayed his own ruling) we won’t cover this in detail. The ruling is published here:
Here are three articles regarding the case, the ruling, and the potential: the 3rd article will be in a DOCX format attached, see below attached.
2. Discuss your perspective on patient protections afforded by provider licensing and credentialing. Are they sufficient or not? Support your reasoning with data. (330 words and 3 references)
Reading materials:
Furrow:
Chapter 12: 475-93—Hospital Provider Privileging (559-577)
Ch 2: Licensing Medical Providers (27-57)
Ch 4: Professional-Patient Relationship, Informed Consent, Confidentiality- 87- 153.
3. Doctors, nurses, and other health care providers train for years, often in very difficult circumstances, to learn and practice their professions. Is it fair to subject them to litigation? Should they be granted some kind of qualified immunity from mistakes? (330 words and 3 references)
I would like to see a well-reasoned, resourceful discussion and debate so please do not wait until the deadline to engage. I’d like to see some contrary opinions if you have them. Respond to at least two other classmates’ posts and don’t be afraid to disagree. When everyone thinks alike, nobody thinks much at all!
Read the following in:
Furrow Abridged Text:
Ch 5: Liability of Healthcare Professionals, Standard of Care, Damages (155-167)
CH 6: Liability of Health Care Institutions (207-243)
Additional Reading: Moffet, The Standard of Care:
Basic Treatise on Medical Negligence:
Medical Errors: Monograph from the British Medical Journal:
4. Consider again, Doctors, nurses, and other health care providers train for years, to learn and practice their professions. From the reading, Anatomy of a Medical Malpractice (MedMal) Lawsuit – (posted) Physicians React to Life After a Lawsuit, should a hospital staff be taught/presented what a Medical Malpractice Lawsuit would entail, with all the presentation of evidence and documentary proof of negligence. Why/Whynot? (330 words and 3 references)
Read the following:
Furrow Chapter 5: Liability of Health Care Professionals
5. Be adventurous! Disagree!! Bring up alternative comments or criticisms!!!
Based upon your reading of the EMTALA legislation and the Baber case: why do you think the EMTALA legislation arose? Is it good or bad for patient care? Would you alter the rules in any way, and if so, how? (330 words and 3 references)
Reading materials: Ch 7: Duty to Treat, EMTALA (261-283) and pay particular attention to the Baber case outline that follows the EMTALA text.
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