So many different views, rumors, assumptions and arguments are ongoing about the ”America’s Affordable Health Choices Act of 2009“. The nation is very divided and there are very passionate supporters and opposers on both sides.
I recently received an email that’s obviously in high circulation from one of those opposers. It is written by a Dr. Stephen Foster and contains strong worded and outrageous claims that, according to him are obviously written within the language of the bill. As a level headed free thinker and educated person, I decided to read the bill for myself. In my analysis of the bill language against his claims, I found that I did not agree with what Dr. Foster was saying. Some claims were obviously debunked, others were vague, and some made no sense to me at all. I admitedly don’t speak legalese or that business model mumbo jumbo, but it just wasn’t adding up.
I was compelled to share this analysis of some of the more outrageous claims made by Dr. Fosters email, and show them side by side with the actual language of the health care bill. First off though, here’s my take on it.
I admit that I haven’t been following the great debate over the proposed “ObamaCare”, as it’s nicknamed, government run health care bill very much. I can honestly say that I do not have many of the facts, and being honest again, I don’t really care that deeply. What I do know is that I have strong opinions on the subject based on my personal views.
One of those opinions is that the “idea” and “promise” behind this bill, that of affordable and adequate healthcare for all, is noble and possibly reflective of a higher level of society and dynamic culture. I do not however think that this proposed bill is the answer to that goal, based on it’s rushed implementation and reception by our country. This type of change, to be truly effective and beneficial to all would take a long time to develop and execute. We as a nation just aren’t ready for that. I tend to think with my head, not a party line…call me Independant if you like.
My personal rant ended, I present to you some of the more outrageous claims in Dr. Fosters email compared to the actual America’s Affordable Health Choices Act of 2009, officially H. R. 3200. I have also tried to explain my interpretations as well. It is my hope that in reading and analyzing this for yourself, maybe it will help in breaking through the nonsense, and formulating your own sound, and educated opinions.
Claim #1 Located on Page 22 of the HC Bill: “Mandates that the Govt will audit books of all employers that self insure!”
H.R. 3200 as Written: (1)STUDY.—The Commissioner, in coordination with the Secretary of Health and Human Services and the Secretary of Labor, shall conduct a study of the large group insured and self-insured employer health care markets. Such study shall examine the following: (A) The types of employers by key charac4teristics, including size, that purchase insured products versus those that self-insure.(B) The similarities and differences between typical insured and self-insured health plans.(C) The financial solvency and capital reserve levels of employers that self-insure by employer size. (D) The risk of self-insured employers not being able to pay obligations or otherwise becoming financially insolvent. (E) The extent to which rating rules are likely to cause adverse selection in the large group market or to encourage small and mid size employers to self-insure
Analysis: Basically what this is really saying is that the bill calls for a STUDY to be done of these characteristics of employee and employer types to assist in targeting the plan more effectively. I read nothing about a business audit.
Claim #2: Page 30 Sec 123 of HC bill – “THERE WILL BE A GOVT COMMITTEE that decides what treatments/benefits you get.”
H.R. 3200 as Written: (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.
Analysis:Think for a moment. Can you think of any health care plan you’ve ever had that doesn’t do this? Of course they have a Board or Committee or whole department that decides what benefits are covered under which plans, and how much they cost. Nothing outrageous here.
Claim #3: Page 29 lines 4-16 in the HC bill: “YOUR HEALTH CARE IS RATIONED!!!”
H.R. 3200 as Written: (A) ANNUAL LIMITATION.—The cost-shar5ing 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.
Analysis: Once again, this is nothing new to health care. It does essentially say that coverage is limited to a dollar amount per year. However this is usually the case with any healthcare plan we are all used to already.
Claim #4: Page 50 Section 152 in HC bill: “HC will be pro vided to ALL non US citizens, illegal or otherwise.”
H.R. 3200 as Written: 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.
Analysis: This is one of my favorites, because it’s so obviously wrong. This simply says that the healthcare plan cannot discriminate. That does not mean free healthcare to illegal immigrants!
Claim #5: Page 59 HC Bill lines 21-24: “Govt will have direct access to your banks accounts for elective funds transfer.”
H.R. 3200 as Written: (C) enable electronic funds transfers, in order to allow automated reconciliation with the related health care payment and remittance advice;
Analysis: Oh come on! It’s Bill Pay! You can pay your health care bill electronically, just like your utility or Netflix bills!
Claim #6: Page 91 Lines 4-7 HC Bill: “Govt mandates linguistic appropriate services. Example – Translation: illegal aliens.”
H.R. 3200 as Written: (7) CULTURALLY AND LINGUISTICALLY APPROPRIATE SERVICES AND COMMUNICATIONS.—The entity shall provide for culturally and linguistically appropriate communication and health services.
Analysis: My college has to do this. My kids school does too. Isn’t sign language also a form of translation? And all of the DVD’s I buy do this with alternate language tracks. Provide translation? How is that a service designed and implemented specifically for illegal aliens?
Claim #7: Page 127 Lines 1-16 HC Bill: “Doctors/ American Medical Association – The Govt will tell YOU what you can make! (salary)”
H.R. 3200 as Written: (1) PHYSICIANS.—The Secretary shall provide for the annual participation of physicians under the public health insurance option, for which payment may be made for services furnished during the year, in one of 2 classes: (A) PREFERRED PHYSICIANS.—Those physicians who agree to accept the payment rate established under section 223 (without regard to cost-sharing) as the payment in full.(B) PARTICIPATING, NON-PREFERRED PHYSICIANS.—Those physicians who agree not to impose charges (in relation to the payment rate described in section 223 for such physicians) that exceed the ratio permitted under section 1848(g)(2)(C) of the Social Security Act.
Analysis: Think back to your typical healthcare plans. This is the same thing as choosing an In Network Dentist or an Out of Network Dentist. Or in this case from said dentists perspective, deciding to participate In or Out of Network.
Claim #8 Page 429 Lines 10-12: “advanced care consultation” may include an ORDER for end of life plans. AN ORDER from GOVT!”
H.R. 3200 as Written: I included surrounding wordage for context: (5)(A) For purposes of this section, the term ‘order regarding life sustaining treatment’ means, with respect to an individual, an actionable medical order relating to the treatment of that individual that—‘‘(i) is signed and dated by a physician (as defined in subsection (r)(1)) or another health care professional (as specified by the Secretary and who is acting within the scope of the professional’s authority under State law in signing such an order, including a nurse practitioner or physician assistant)and is in a form that permits it to stay with the individual and be followed by health care professionals and providers across the continuum of care;‘‘(ii) effectively communicates the individual’s preferences regarding life sustaining treatment, including an indication of the treatment and care desired by the individual;
Analysis: This one clearly states that this type of end of life order must be previously approved, most likely a normal practice. Then it even more clearly states “effectively communicates the individual’s preferences”. The individuals preferences, not the governments,
Claim #9: Page 489 Sec 1308: “The Govt will cover Marriage & Family therapy. Which means they will insert Govt into your marriage.”
H.R. 3200 as Written: Marriage and Family Therapist Services ‘‘(jjj)(1) The term ‘marriage and family therapist services’ means services performed by a marriage and family therapist(as defined in paragraph (2)) for the diagnosis and treatment of mental illnesses, which the marriage and family therapist is legally authorized to perform under State law (or the State regulatory mechanism provided by State law) of the State in which such services are performed, as would otherwise be covered if furnished by a physician or as incident to a physician’s professional service, but only if no facility or other provider charges or is paid any amounts with respect to the furnishing of such services.
Analysis: The government inserts and imposes itself into your marriage because it’s health plan allows for the coverage of Marriage and Family services? Thats ridiculous. Besides, anyone who’s married knows, marriage ain’t no democracy, and no governments gonna change that fact!
I hope that this analysis that I did on these claims vs. the actual healthcare bill has been informative and helpful in making your own mind up. These are only some of this Dr. Fosters claims. As I said, this is the actual language and wordage from the bill. My personal comments aren’t there to convince you how to think, but perhaps paint the statements in a different light.
You can find the actual bill in PDF format here: H.R. 3200
I would be very interested and open to hear anyone elses take on this subject. I’d also enjoy any other information that could help broaden or elaborate more on it. Please leave a comment and share this with anyone you know who may care.
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