Reflection Paper on Waivers

Understanding the Concept of Waivers

One of the most complex legal concepts that I have struggled to understand is the idea of waivers. First off, I have a very rudimentary understanding of what a waiver is and how it operates. In essence, I would say that my misunderstanding of the idea has been profound and is based on the term's everyday usage, particularly in contexts like athletics. I want to make a distinction between what I already knew about waivers and what I learned in this course. I'll also make reference to my current understanding of waivers in relation to my future expectations, particularly in terms of my job. Legally, a waiver entails the action of a person, a legal entity such as an organization or even a government to give up a particular right. Also, a waiver may entail the act of a government directing that certain rules or laws not to be followed. From this definition, it can be said that a waiver is simply the relaxation of certain legal requirements for a particular process in favor of the situation at hand. Waivers may range in context, and may be applied from various perspectives. Government waivers exist in the enactment of various policies, where some of the regulations are relaxed in order to favor some situations.

Government Waivers in Healthcare

A good example of a government waiver is when the federal government allows the state governments to disregard certain federal laws. In such a case, the states are allowed to abscond some requirements of the federal government, and still be within the legal framework. In the issuance of healthcare, the state governments may be allowed to use waivers to design and administer health care programs. In Medicaid, for instance, states can apply waivers to ensure that health care is more affordable and accessible to the low-income earners. In such a case, the state bends some of the strict requirements for inclusion into the program in order to benefit more individuals. With such a move, the waiving state still qualifies for funding from the government, since such a waiver was done with due consideration of the law.

Waivers in Other Legal Contexts

Waivers apply in other legal contexts as well. In a debt collection scenario, the parties involved may agree beforehand that certain steps should be taken before engaging in any legally enforceable actions. Such an agreement may apply when a party is unable to settle the debts, and the property attached is set for confiscation, or auctioning. In such a case, the parties may agree in writing that the aggrieved party notifies the property owner, a certain number of days in advance, of the intended actions and their consequences.

Importance of Understanding Waivers

Essentially, my garnered knowledge on waivers has been of patent importance to me. Previously, I thought that laws were binding as stated, and action in contrast to the book was in defiance of the law. However, I have come to realize that there are essential tenets of the law that allow for certain conditions and preconditions. In day to day life, conflicts may arise when certain terms of a contract are not met; waivers, in such a case act to ensure that such conflicts are avoided to the level best. From insurance contracts, healthcare, ethics, finance, and other business contracts, it is necessary for all parties to understand the stated terms, and any waivers that may apply therein. From the course, I appreciate that I can now comfortably understand the issue of waivers, unlike the basic and layman state I was in before.