Who's Kidding Who About Healthcare?

"NO ONE HAS TO WORRY ABOUT THE GOVERNMENT TAKING OVER HEALTH CARE" - Barack Obama
Oriiginally Published August 11, 2009
NOTE: On December 24, 2009 The Senate version of H.R.3200 was inserted in shell bill H.R.3590, passed by the Democrats and signed into law by Barack Obama on March 21, 2010.
I spent untold hours reading and studying Bill H.R.3200,[1] "America’s Affordable Health Choices Act of 2009." Believe me it's no easy task to read. Although improving health care sounds good, in my opinion this Bill has far too many dangerous side effects. President Obama, in his New Hampshire Town Meeting today, very eloquently avoided mentioning any of the "fall-out issues" of his Health Care Bill.

Administration
President Obama said that there would “not be some bean counter” deciding your benefits, your coverage and your costs. However, H.R.3200 actually dictates otherwise. There will be a Health Benefits Advisory Committee (section 123) and a Health Choices Administration (section 142) headed by a Health Choices Commissioner.

The Commissioner, who will be appointed by the President, is the bean counter. While the Committee will "recommend" benefit standards that include what treatments and services will be covered and what you will pay for all levels of all plans, the Commissioner will be responsible for a) establishing healthcare plan standards, b) enforcing those standards, c) the establishment and operation of a Health Insurance Exchange, d) the administration of individual affordability credits, e) individual eligibility for such credits, and f) the definitions of terms used in health insurance coverage.

Coverage
Section 203 takes the "the bean counter" responsibilities a step further. It specifies that the Commissioner will decide what benefits are available under each of 3 levels of Exchange plans, referred to as a Basic Plan, Enhanced Plan, and a Premium Plan.

On a positive note, Obama proclaimed that his Health Care Plan covers everything without any lifetime limit. However, he failed to mention the "annual limit." According to Section 122, though, there will be no cost-sharing for preventive items and services, including well baby and well child care. Also, any out-of-pocket cost-sharing incurred under the benefits packages will not exceed $5,000 for an individual and $10,000 for a family.

Insurance
The President promised that controlling Insurance Companies in this manner will eliminate rate increases, limits to coverage, risk of cancelation and more. In my opinion imposing extensive restrictions with high coverages and low premiums might spell disaster for the entire insurance industry. My prediction is that many insurance companies will no longer participate leaving very few choices for your health care insurance.

The President also pointed out that you can keep your doctor and your health care plan if you want to. But, once again, he failed to mention this was only true when your plan meets the established standards and only true when your doctor decides to accept your new healthcare plan. In many cases you may be forced to forego your health insurance plan, and perhaps your doctor, and join the government Exchange Plan.

Taxes & Fines
President Obama also failed to mention that if you don't buy your insurance from the government Exchange your health care costs may no longer be "deductible on your income tax" or your deduction may be cut in half. He also failed to mention that the Government can impose a 2.5% tax on your gross income if they determine that the plan you have, or buy, does not meet the “Standards” of the Exchange.

Section 163 mandates that when you join the Exchange you will be issued a machine-readable ID card to determine, at the time of service, if you are “eligible for a specific service with a specific physician at a specific facility.” The Government will have real-time access to your finances as well as your bank account for direct deposit of credits and to immediately withdraw cost sharing charges from your account.

As for businesses, I predict that Obama's HC Plan will be a disaster. The President boasts that small businesses will be able to join a large insurance pool and reduce their HC costs. However, they will be required to enroll every employee, even part-time employees, into the plan and they must continue to pay for the employees’ HC benefits throughout their retirement. In my opinion, this is the very undertaking by the Unions that made American automobiles cost thousands more than comparable import models and, for the same reason, put the American steel businesses out of business.

If a business does not join the Exchange they will be taxed up to 8% of their total gross payroll. If they wish to be self insured, their plan must meet the Exchange’s standards and they must open their books to the Government on a regular basis. The purpose of these conditions is to assure there are no incentives for small and mid-size employers to "self-insure."

Benefits to Unions
However, the Government hasn’t forgotten the Unions and the special interest groups like ACORN who are basically self-insured. Section 164 of this Bill refers to these insurance plans as "employment-based plans" and the Treasury of the United States has established a $10 billion “Trust Fund” for these entities.

This Trust Fund will be known as the "Retiree Reserve Trust Fund." When one of these entities submits a valid claim, as determined by the Secretary, the Secretary will reimburse that plan for 80 percent of that portion of the costs attributable to such claim that exceeds $15,000, but is less than $90,000.

Medicare
Obama didn't forget the elderly and Medicare either. He announced "we’re not going to be putting Grandma in the grave" but Section 163 of his new HC Law wants to guarantee that us old folks have made all the proper arrangements before we die.

Individuals on Medicare are required to have an “advance care planning consultation” with a medical practitioner every five years. The "advance care planning consultation" means an advanced plan including living wills, durable powers of attorney and their uses, the role and responsibilities of a health care proxy and the continuum of end-of-life services and supports available, including palliative care and hospice care.

What follows is a mouth-full, both confusing and scary. The consultation may also include "an order regarding life sustaining treatment or similar order." This is an order specifying the level of treatment of an individual which can declare full treatment or can declare a limit to specific interventions or the intensity of medical intervention if the patient is pulse less, apneic, or has serious cardiac or pulmonary problems, the use of antibiotics and the use of artificially administered nutrition and hydration and the individual’s desire regarding transfer to a hospital or remaining at the current care setting.

This order must also be an actionable medical order that is uniquely identifiable and standardized within a given locality, region, or State. So who is responsible for acting on this medical order? Well, it must be signed and dated by a physician or another health care professional (as specified by the Secretary), including a nurse practitioner or physician assistant who is acting within the scope of their authority under State law.

Are we supposed to be comfortable with the option that the State can dictate who is responsible to act on our "order regarding life sustaining treatment?"
[1] The original Healthcare Bill H.R.3200

[2] The modified Healthcare Bill H.R. 3590

[3]How H.R. 3200 Becxame H.R. 3590 Obamacare - The Secret Bill

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