The Federal Medicare essay
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The EMTALA act states that every hospital that enjoys the federal Medicare is obliged to provide emergency care to all patients, without any attention to status of the immigrant or his position to pay for the services offered. Astoundingly enough, the national hospital in Guatemala, where Mr. Jimenez was deported to, was not capable of providing the services Mr. Jimenez required. This prompted the Guatemala hospital to release him to his aging mother’s hill top house with one room. The home was situated in the reserve Mountains of Cuchumatan, where he has lays in bed, regularly suffering the sudden occurrence of the disease and away from accessing emergency care in the home.
Lack of keen government oversight on illegal repatriation has led to various economic and policy issues. It is due to the poor government policies that officials in hospitals have denied poor individuals access to better health care. The policies on federal funding should be revised to cater for the health bills of immigrants, who may not be in a position to raise the medication fee. Secondly, the United States is not vigilant in the implementation of traffic laws that should cub malpractices on the roads. After a precise look into the cause of Mr. Jimenez predicaments, the cause is the road carnage. A drunk driver caused the accident in which Mr. Jimenez suffered damage to the brain and other physical injuries.
The cause of the accident necessitates the need for policy reforms in the traffic department. If there are definite policies addressing such issues, then need to change heads at the management and supervision at the traffic department is inevitable. In the case of Mr. Jimenez, the damages caused by him are not compensated, this is a clear warning that insurance policies are not in force, or there could be high rates of corruption practices that have culminated in a situation where victims of risks are not compensated. Had Mr. Jimenez been compensated he was to have been in a better position of paying his medical expenses at the Martin Memorial hospital. Courtrooms are adjudged to institutions of administering justice in every corner of the world.
In the case of Mr. Luiz Jimenez, his guardian tries to get a lower court order yields no fruits, and the hospital is capable of deporting Mr. Jimenez to Guatemala. Concisely, the United States policies that solemnly limit immigrant eligibility for publicly financed health care have led to hospitals engagement in the illegal medical repatriations of critically ill or destitute immigrant sick people to countries missing appropriate medical attention. This policy is void, since it is inconsistent of the universal Declaration of human rights’ requirements on the United States. The policy also contravenes the international convention on civil and political rights.
Other obligations violated by the United States policy include the convention on the eradication of all forms of racially based discriminations, the provisions of the United Nations Convention on the rights of persons with disabilities, finally the policy bleaches the provisions of the constitution of the United States, which is disrespect for the local and international laws. In the United States, the mandate to regulate entry into the country, expulsion and forcible transfer of people is firmly based on the powers of the federal government. The congress legislation body in the United States delegates the powers of doing all these activities to the secretary of homeland security and the attorney general to the United States. Since the roles have clearly been stipulated the state legislators, private actors like those that hospitals are not authorized to repatriate patients forcibly, and the governmental bodies should therefore come out strongly and ensure that justice against victims like Mr. Jimenez prevails.
Besides prosecution of hospitals that execute deportation of individuals against their will, the United States government should ensure that Immigrants have rights to be subjected to procedural deportation and a just hearing of deportation in an independent court. Such rights accord immigrants a chance to apply for various remedies from the forcible transfer. The case of Mr. Jimenez has some economic issues enshrined in it. The hospital of Martin Memorial may have resorted to; forcibly transfer Mr. Jimenez to Guatemala, because the economic implications of arranging a medical transport of an illegal immigrant back to their home country is highly expensive. An estimated figure indicates that the cost for transporting a patient to their home country ranges from $35000 to $200, 000. The transportation may also include the provision of equipment, such as ventilators, if they are missing in the patient’s home country.
The hospital provided Luiz Jimenez with $1.5 million for his care for many years before his forced repatriation in the year 2003. When immigrants receive Medicare, the expenses for initiating a judicial proceeding for hospitals in forced repatriation could outweigh the savings realized by transporting a patient to their home countries. In the Florida, legal case that connects closely with Jimenez it took a period of five years. The case by Jimenez family must have cost The Martin Memorial Medical centre substantial sum of money. Forced repatriations may lead to the wastage of time in fighting for justice and money that could have been used to create revenues and many developments to the nation or the medical facilities. Such economic and policy issues can be handled in the coming days through the making and implementation of stringent laws that could put medical practitioners on alert. These laws might subject hospitals to consequences of paying heavy fines or revoking of their licenses. The aforementioned measures will help defend the immigrants’ rights and the provisions of local and international laws.