Congress doesn't return from the August recess until September the 8th, so it seems inevitable that we will have to continue discussing health care up to and past that point. That is extremely unfortunate since I already feel like I've been smashing the skull of a dead horse with a crowbar for the last month. I am unbelievably sick of talking about Universal Healthcare, but it seems to be the headline every single day, so I don't really have any other choice but to continue to pound away.
Over the last several weeks I have actually gone through and read significant portions of the bill in order to be able to make a decision and then present a coherent argument for or against. Clearly, I see the current House and Senate bills as broad and encompassing with little to no specifics. It leaves so much room for fraud and waste and it will necessarily result in the rationing of health care, regardless of what President Obama continues to say. I would bet my life savings (all $20 of it) that I've read more of the two bills than he has. His last two speeches would serve to prove me correct, at least somewhat, considering he seems to have no idea what he's talking about. All of his speeches have been very general with little to no specifics about the implementation or possible consequences of the plan.
As I said, I have picked through HR 3200 and the following issues stood out and appear to be a direct contradiction to what the Obama Administration is telling the American people. I'm going to break it down into multiple posts since the bill is 1,018 pages long and I hate talking about this shit anyway. I actually have a hidden bottle of water from the Fountain of Youth, so it doesn't really matter to me anyway...you guys are the ones with the problem. (Me and Ponce de' Leon were roommates in college...cool guy I guess. His fucking donkey was always shitting on the floor though...little bastard.)
No one commented on my analysis and breakdown of Obama's health care speech, which took me a long ass time, and I'm imagining that few people read it considering its length. So I guess I'll try to keep these short so my ADD readers can stay focused. This is important information and it would be to your benefit to look it over and make your own educated decisions. The full text of the HR 3200 can be read here. -
Pg. 22 - (2) REPORTS.—Not later than 18 months after the date of the enactment of this Act, the Commissioner shall submit to Congress and the applicable agencies a report on the study conducted under paragraph (1). Such report shall include any recommendations the Commissioner deems appropriate to ensure that the law does not provide incentives for small and mid-size employers to self-insure or create adverse selection in the risk pools of large group insurers and self-insured employers. Not later than 18 months after the first day of Y1, the Commissioner shall submit to Congress and the applicable agencies an updated report on such study, including updates on such recommendations. - HR 3200
This mandates that the government will audit the books and records of all employers that self-insure. Basically every employer in the United States will be subject to a health insurance audit just like individual taxpayers. We will necessarily be forced to create a new government agency to handle these audits. Everyone hates the IRS...imagine how much they'll hate the IHRS (Internal Health Revenue Services). Say hello to a mass of wildly inefficient bureaucratic agencies!
Pg. 29 - (A) ANNUAL LIMITATION. - The cost-sharing incurred under the essential benefits package with respect to an individual (or family) for a year does not exceed the applicable level specified in subparagraph (B). (B) APPLICABLE LEVEL. - The applicable level specified in this subparagraph for Y1 is $5,000 for an individual and $10,000 for a family. Such levels shall be increased (rounded to the nearest $100) for each subsequent year by the annual percentage increase in the Consumer Price Index (United States city average) applicable to such year. - HR 3200
So what this is saying is that the government will provide you with "free" coverage that will not only cost more annually but will be less effective than your current coverage. Right on! $5,000 per person, per year, sounds like a shitload of money for "free" health care doesn't it? What happens after the money runs out? There are only two options to resolve the issue...ration the care or raise taxes...maybe both if we're really lucky! Idiots.
Pg. 30 - SEC. 123. HEALTH BENEFITS ADVISORY COMMITTEE. (a) ESTABLISHMENT. - (1) IN GENERAL. - There is established a private-public advisory committee which shall be a panel of medical and other experts to be known as the Health Benefits Advisory Committee to recommend covered benefits and essential, enhanced, and premium plans. (2) CHAIR. - The Surgeon General shall be a member and the chair of the Health Benefits Advisory Committee. (3) MEMBERSHIP. - The Health Benefits Advisory Committee shall be composed of the following members, in addition to the Surgeon General: (A) 9 members who are not Federal employees or officers and who are appointed by the President. (4) Members who are not Federal employees or officers and who are appointed by the Comptroller General of the United States in a manner similar to the manner in which the Comptroller General appoints members to the Medicare Payment Advisory Commission under section 1805(c) of the Social Security Act. (C) Such even number of members (not to exceed 8) who are Federal employees and officers, as the President may appoint. Such initial appointments shall be made not later than 60 days after the date of the enactment of this Act. (4) TERMS. - Each member of the Health Benefits Advisory Committee shall serve a 3-year term on the Committee, except that the terms of the initial members shall be adjusted in order to provide for a staggered term of appointment for all such members. (5) PARTICIPATION. - The membership of the Health Benefits Advisory Committee shall at least reflect providers, consumer representatives, employers, labor, health insurance issuers, experts in health care financing and delivery, experts in racial and ethnic disparities, experts in care for those with disabilities, representatives of relevant governmental agencies. and at least one practicing physician or other health professional and an expert on children’s health and shall represent a balance among various sectors of the health care system so that no single sector unduly influences the recommendations of such Committee. - HR 3200
Basically this is saying that a group of up to twenty-six appointed "specialists" will be the judge and jury for the administration of the government-run system. Awesome. The Health Benefits Advisory Board will decide the covered benefits including treatments, prescriptions and specialized services. It only calls for ONE mandatory physician or "other health professional" (whatever that means) to be on the board. Genius. Bureaucrats, not doctors or physicians, will be making health care decisions for the American people. Plus, these people will be appointed AFTER the bill is passed, so we can look forward to more Czars. Hubris and arrogance abound.
Pg. 41 - SEC. 141. HEALTH CHOICES ADMINISTRATION; HEALTH CHOICES COMMISSIONER. (a) IN GENERAL. - There is hereby established, as an independent agency in the executive branch of the Government, a Health Choices Administration (in this division referred to as the ‘‘Administration’’). (b) COMMISSIONER. - (1) IN GENERAL. - The Administration shall be headed by a Health Choices Commissioner (in this division referred to as the ‘‘Commissioner’’) who shall be appointed by the President, by and with the advice and consent of the Senate. (2) COMPENSATION; ETC. - The provisions of paragraphs (2), (5), and (7) of subsection (a) (relating to compensation, terms, general powers, rule making, and delegation) of section 702 of the Social Security Act (42 U.S.C. 902) shall apply to the Commissioner and the Administration in the same manner as such provisions apply to the Commissioner of Social Security and the Social Security Administration.
SEC. 142. DUTIES AND AUTHORITY OF COMMISSIONER. (a) DUTIES. - The Commissioner is responsible for carrying out the following functions under this division: (1) QUALIFIED PLAN STANDARDS. - The establishment of qualified health benefits plan standards under this title, including the enforcement of such standards in coordination with State insurance regulators and the Secretaries of Labor and the Treasury. (2) HEALTH INSURANCE EXCHANGE. - The establishment and operation of a Health Insurance Exchange under subtitle A of title II. (3) INDIVIDUAL AFFORDABILITY CREDITS. - The administration of individual affordability credits under subtitle C of title II, including determination of eligibility for such credits. (4) ADDITIONAL FUNCTIONS. - Such additional 20 functions as may be specified in this division. (b) PROMOTING ACCOUNTABILITY. - (1) IN GENERAL. - The Commissioner shall undertake activities in accordance with this subtitle to promote accountability of QHBP offering entities in meeting Federal health insurance requirements, regardless of whether such accountability is with respect to qualified health benefits plans offered through the Health Insurance Exchange or outside of such Exchange. (2) COMPLIANCE EXAMINATION AND AUDITS. - (A) IN GENERAL. - The commissioner shall, in coordination with States, conduct audits of qualified health benefits plan compliance with Federal requirements. Such audits may include random compliance audits and targeted audits in response to complaints or other suspected non-compliance. (B) RECOUPMENT OF COSTS IN CONNECTION WITH EXAMINATION AND AUDITS. - The Commissioner is authorized to recoup from qualified health benefits plans reimbursement for the costs of such examinations and audit of such QHBP offering entities. (c) DATA COLLECTION. - The Commissioner shall collect data for purposes of carrying out the Commissioner’s duties, including for purposes of promoting quality and value, protecting consumers, and addressing disparities in health and health care and may share such data with the Secretary of Health and Human Services. (d) SANCTIONS AUTHORITY. - (1) IN GENERAL. - In the case that the Commissioner determines that a QHBP offering entity violates a requirement of this title, the Commissioner may, in coordination with State insurance regulators and the Secretary of Labor, provide, in addition to any other remedies authorized by law, for any of the remedies described in paragraph (2). (2)REMEDIES. - The remedies described in this paragraph, with respect to a qualified health benefits plan offered by a QHBP offering entity, are - (A) civil money penalties of not more than the amount that would be applicable under similar circumstances for similar violations under section 1857(g) of the Social Security Act; (B) suspension of enrollment of individuals under such plan after the date the Commissioner notifies the entity of a determination under paragraph (1) and until the Commissioner is satisfied that the basis for such determination has been corrected and is not likely to recur; (C) in the case of an Exchange-participating health benefits plan, suspension of payment to the entity under the Health Insurance Exchange for individuals enrolled in such plan after the date the Commissioner notifies the entity of a determination under paragraph (1) and until the Secretary is satisfied that the basis for such determination has been corrected and is not likely to recur; or (D) working with State insurance regulators to terminate plans for repeated failure by the offering entity to meet the requirements of this title. - HR 3200
SEC. 142. DUTIES AND AUTHORITY OF COMMISSIONER. (a) DUTIES. - The Commissioner is responsible for carrying out the following functions under this division: (1) QUALIFIED PLAN STANDARDS. - The establishment of qualified health benefits plan standards under this title, including the enforcement of such standards in coordination with State insurance regulators and the Secretaries of Labor and the Treasury. (2) HEALTH INSURANCE EXCHANGE. - The establishment and operation of a Health Insurance Exchange under subtitle A of title II. (3) INDIVIDUAL AFFORDABILITY CREDITS. - The administration of individual affordability credits under subtitle C of title II, including determination of eligibility for such credits. (4) ADDITIONAL FUNCTIONS. - Such additional 20 functions as may be specified in this division. (b) PROMOTING ACCOUNTABILITY. - (1) IN GENERAL. - The Commissioner shall undertake activities in accordance with this subtitle to promote accountability of QHBP offering entities in meeting Federal health insurance requirements, regardless of whether such accountability is with respect to qualified health benefits plans offered through the Health Insurance Exchange or outside of such Exchange. (2) COMPLIANCE EXAMINATION AND AUDITS. - (A) IN GENERAL. - The commissioner shall, in coordination with States, conduct audits of qualified health benefits plan compliance with Federal requirements. Such audits may include random compliance audits and targeted audits in response to complaints or other suspected non-compliance. (B) RECOUPMENT OF COSTS IN CONNECTION WITH EXAMINATION AND AUDITS. - The Commissioner is authorized to recoup from qualified health benefits plans reimbursement for the costs of such examinations and audit of such QHBP offering entities. (c) DATA COLLECTION. - The Commissioner shall collect data for purposes of carrying out the Commissioner’s duties, including for purposes of promoting quality and value, protecting consumers, and addressing disparities in health and health care and may share such data with the Secretary of Health and Human Services. (d) SANCTIONS AUTHORITY. - (1) IN GENERAL. - In the case that the Commissioner determines that a QHBP offering entity violates a requirement of this title, the Commissioner may, in coordination with State insurance regulators and the Secretary of Labor, provide, in addition to any other remedies authorized by law, for any of the remedies described in paragraph (2). (2)REMEDIES. - The remedies described in this paragraph, with respect to a qualified health benefits plan offered by a QHBP offering entity, are - (A) civil money penalties of not more than the amount that would be applicable under similar circumstances for similar violations under section 1857(g) of the Social Security Act; (B) suspension of enrollment of individuals under such plan after the date the Commissioner notifies the entity of a determination under paragraph (1) and until the Commissioner is satisfied that the basis for such determination has been corrected and is not likely to recur; (C) in the case of an Exchange-participating health benefits plan, suspension of payment to the entity under the Health Insurance Exchange for individuals enrolled in such plan after the date the Commissioner notifies the entity of a determination under paragraph (1) and until the Secretary is satisfied that the basis for such determination has been corrected and is not likely to recur; or (D) working with State insurance regulators to terminate plans for repeated failure by the offering entity to meet the requirements of this title. - HR 3200
This section clearly describes the position of a Health Choices Czar, which will be conducted through the Executive Branch, making it impossible to operate independently. The Health Choices "Commissioner" will be responsible for deciding the type of coverage an individual receives and whether or not the care recommended by the physician is satisfactory. Wonderful, so if a doctor or physician recommends a particular type of treatment, and the Health Choices Commissioner doesn't agree with the assessment, tough shit. You will have no choice, what-so-ever, as to what kind of treatment you receive. I cannot believe these bureaucrats would have the audacity to try to take complete control of the medical industry. Outrageous.
Pg. 50 - SEC. 152. PROHIBITING DISCRIMINATION IN HEALTH CARE. (a) IN GENERAL. Except as otherwise explicitly permitted by this Act and by subsequent regulations consistent with this Act, all health care and related services (including insurance coverage and public health activities) covered by this Act shall be provided without regard to personal characteristics extraneous to the provision of high quality health care or related services. (b) IMPLEMENTATION. - To implement the requirement set forth in subsection (a), the Secretary of Health and Human Services shall, not later than 18 months after the date of the enactment of this Act, promulgate such regulations as are necessary or appropriate to insure that all health care and related services (including insurance coverage and public health activities) covered by this Act are provided (whether directly or through contractual, licensing, or other arrangements) without regard to personal characteristics extraneous to the provision of high quality health care or related services. - HR 3200
This wonderful section of the bill ensures that all non-citizens, legal and illegal, will be provided with free health care at tax payer expense. So not only do we refuse to punish illegals in our country for breaking the law, and eating the fruits of our labor, now we are going to provide them with free health care! This is absolutely absurd...but somehow, not surprising.
Pg. 58 - (C) be comprehensive, efficient and robust, requiring minimal augmentation by paper transactions or clarification by further communications; ‘‘(D) enable the real-time (or near realtime) determination of an individual’s financial responsibility at the point of service and, to the extent possible, prior to service, including whether the individual is eligible for a specific service with a specific physician at a specific facility, which may include utilization of a machine-readable health plan beneficiary identification card; ‘‘(E) enable, where feasible, near real-time adjudication of claims; ‘‘(F) provide for timely acknowledgment, response, and status reporting applicable to any electronic transaction deemed appropriate by the Secretary; ‘‘(G) describe all data elements (such as reason and remark codes) in unambiguous terms, not permit optional fields, require that data elements be either required or conditioned upon set values in other fields, and prohibit additional conditions; and ‘‘(H) harmonize all common data elements across administrative and clinical transaction standards. - HR 3200
The Federal Government will have possession of all of your health records and, subsequently, they will know your entire medical history. Say goodbye to doctor-patient confidentiality and say hello to Big Brother M.D. They will also have access to your financial records and everyone will be issued a National ID Healthcard. Why don't they just tattoo a barcode on each of our foreheads? Then they can identify us at all times and nothing will be kept private from the "Great Benefactor" (We - Yevgeny Zamyatin). People were so pissed when President Bush tapped people's phones in order to protect the country against terrorism...where are you now you rotten liberal hypocrites? Where is the ACLU? Oh right, they're endorsing the plan. That makes sense. It's all a bunch of special interests and bullshit...the average American gets run over as usual.
OK, that's truly all the Obamacare I can handle for today...my eyes are bleeding from staring at the computer screen. If you need me, I'll be out back...smashing my head into a brick wall and eating rat poison.
