Mandated Insurance Policy (Essay Sample)

Mandated Insurance Policy Name Institution Affiliation Author Note Mandated Insurance Policy Introduction There are usually different kinds of insurance that business and individuals can purchase from insurance companies to protected and guide themselves against loss and risk (David & Elizabeth, 2011). For example, workers may be covered by the medical insurance within the work or even purchase the medical insurance for o thee own. Hence coverage is described as the arrangement by which a state or institution undertakes to provide protection and guarantee of individual compensation for specific death, illness, damage or loss in return of payment of certain premium. Therefore, the text will be exploring particular issues related to insurance. The theme of insurance and how profoundly the government can order it or not mandating it is an ongoing struggle in government politics (David & Elizabeth, 2011). There has always been the question of what kind of a relationship the government can have with its citizens and also the role they can play with the businesses. Recently, the Affordable Care Act has been a widespread issue, and it is also challenging the borders by requiring firms to offer the health insurance coverage or to all people within the nation and also demanding citizens to have the health insurance cover (David & Elizabeth, 2011). Mandating insurance has become a hot subject in other areas such a professional malpractices insurance, workers compensation insurance and also auto insurance that will also be discussed The Affordable Care Act (OBAMACARE) Mandates The Obamacare mandates that any of the insurance company that wishes to be licensed for the privilege of being able to the participant within the healthcare insurance company needs to offer everyone with insurance to be able to benefit from the company (David & Elizabeth, 2011). The passing of Obamacare has exceeded the Congress power in many ways, but the text will explore how it has surpassed the Congress power under the proper and necessary clause (Barbaresco et al. 2015). The mandate has also violated the individual’s rights as well as the business owners’ rights through requiring the owners of the business to cover every single person who wants to be covered by the health insurance. Furthermore, the constitutions “Necessary and Proper Clause” permits the Congress to endorse laws which while compositions certain enumerated powers do not expressly sanction them are even so appropriate way in exercising those powers (Barbaresco et al. 2015). Also, in one of the most vital decision in the McCulloch v. Maryland that was written by John Marshall the chief justice, it indicated that the court unanimously made judgment that the provision allows any law which is “rationally related” or “convenient” to the persistence of the expressed power (Barbaresco et al. 2015). For example, for the cases above, the court upheld the Congress development of the national bank, even though there is no authority to do such thing and it was not expressly provided. It is also because the national bank was convenient to the Congress exercise of other powers, including powers to spend, tax, and coin money (Barbaresco et al. 2015). Therefore, since the individual mandate is also rationally related to the conceded power of Congress to regulate health insurance, it is also “necessary and proper.” Mandated Automobile Insurance Automobile insurance generally covers losses or damages which the insured has caused to the third parties including property damage and bodily injury. It usually protects the insured when they are driving their automobile (David & Elizabeth, 2011). Since it is impossible for a person to predict the future, it is difficult for one to tell when they might get involved in an accident and what extent of damage might occur. Hence it is fair for all 50 states to have the mandatory vehicle insurance. Secondly is that the mandate is appropriate since it allows the owners with financial protection because it gives protection for any possible future claims such as lawsuits (Cole et al. 2015). Thirdly the mandate is fair since help in physical damage repairs, and it is also not a mechanical repair. It is one that not only protects a person from themselves but also against other drivers on roads. Furthermore, the mandate is also fair because it will help people to avoid future costly expenses. It also saves hassle and time for the people with the automobile by avoiding negotiation with the property owners or other drivers who are involved in accidents and also managing the repairing costs or replacing of their vehicles (Cole et al. 2015). Also, the automobile insurance covers assist people to cover expenses like medical treatments and dental work that health insurance do not usually cover (Cole et al. 2015). Finally, automobile insurance is fair for people because it assists in covering the lawsuits, including the legal fees that are brought against someone as the outcome of the accidents. Mandated Workers Compensation Insurance Staff is occasionally injured when they are working within their employment scope. Hence all the 50 nations have endorsed legislation which compensates the workers for such injuries (David & Elizabeth, 2011). Therefore, the employees can purchase the worker's compensation insurance to cover the risk. For an instant, when a worker is injured, he or she submits the claim to the administrative agency or the worker's compensation court for the determination of the payment of the loss (David & Elizabeth, 2011). In such a case when the firm has purchased this kind of insurance, the injured worker cannot sue the company/employer for the liability since the worker's compensation award is an exclusive remedy. Therefore, it is a good policy since it helped in eliminating or lessen the claims between the employees and employers. It is because when a worker gets injured during his or her course of work, they do not sue the employer since the worker's compensation insurance caters for such injuries. Secondly, the insurance policy helps in paying the medical bill for the employees (Szymendera, 2017).it is where the worker's compensation pays 100 percent of all necessary and reasonable medical treatment. Also, the policy serves as the bargaining position between employees and employers. It is because the system helps in providing legal liability coverage for the enterprises if any of the staff gets involved in an accident or incident on the job (Szymendera, 2017). The policy also covers the staff cost of training if they are injured and they cannot return to her first position reducing the conflict between the employer and employee. In case an employee gets hurt in his or her curse of work, and they become disabled, it is the responsibility of the employer to pay the worker loss of wages, but when they have the insurance coverage, it reduces the burden for the employers since the workers compensation insurance provides the cover for such a situation (Szymendera, 2017). Moreover, the worker's compensation insurance policy denies many of the legitimate claims for the employees. It forces innocent and honest workers to hire lawyers and go through a long worker compensation system to enforce their rights (Szymendera, 2017). Hence why do the worker's compensation insures deny the employees their rightful claims? The reasons as to why the deny such allegations as if the employees’ injury was unwitnessed, when the staff does not report the damage immediately or if there is the existence of any discrepancy between the initial medical records and the accident report. Also, when the worker's first medical records show some presence of the illegal drugs within their system and finally if the workers filed the staff co...