Wednesday, April 14, 2010

A Review of the ObamaCare Bill by Judge Kithil of Marble Falls, TX... And Congress Wrote Themselves Out of HC Coverage

THIS IS THE 2ND OFFICIAL WHO HAS OUTLINED THESE PARTS OF THE CARE BILL - HB3200 highlighted pages as the  most egregious – but are far from the only questionable portions

Please read this........ especially the reference to pages 58 & 59

JUDGE KITHIL wrote:

"I have reviewed selected sections of the bill, and find it unbelievable that our Congress, led by Speaker Nancy Pelosi, could come up with a bill loaded with so many wrong-headed elements."

"Both Republicans and Democrats are equally responsible for the financial mess of both Social Security and Medicare programs."

"I am opposed to HB 3200 for a number of reasons.

To start with, it is estimated that a federal bureaucracy of more than 150,000 new employees will be required to administer HB3200. That is an unacceptable expansion of a government that is already too intrusive in our lives. If we are going to hire 150,000 new employees, let's put them to

work protecting our borders, fighting the massive drug problem and putting more law enforcement/firefighters out there."

JUDGE KITHIL continued: "Other problems I have with

this bill include:

** Page 50/section 152: The bill will provide insurance to all non-U.S. residents, even if they are here illegally.

** Page 58 and 59: The government will have real-time access to an individual's bank account and will have the authority to make electronic fund transfers from those accounts.

** Page 65/section 164: The plan will be subsidized (by the government) for all union members, union retirees and for community organizations (such as the Association of Community Organizations for Reform Now - ACORN).

** Page 203/line 14-15: The tax imposed under this section will not be treated as a tax. (How could anybody in their right mind come up with that?)

** Page 241 and 253: Doctors will all be paid the same regardless of specialty, and the government will set all doctors' fees.

** Page 272! section 1145: Cancer hospital will ration care according to the patient's age. (Would someone please say death panels and apologize to Sarah Palin!?!)

** Page 317 and 321: The government will impose a prohibition on hospital expansion; however, communities may petition for an exception. (This has already happened!) 60 Doctor-Owned Hospitals Canceled Due to New Health Law

** Page 425, line 4-12: The government mandates advance-care planning consultations. Those on Social Security will be required to attend an "end-of-life planning" seminar every five years. (Death counseling)

** Page 429, line 13-25: The government will specify which doctors can write an end-of-life order. (Only the ones they control)

HAD ENOUGH???? Judge Kithil then goes on:

"Finally, it is specifically stated that this bill will not apply to members of Congress. Members of Congress are already exempt from the Social Security system, and have a well-funded private plan that covers their retirement needs. If they were on our Social Security plan, I believe they would find a very quick 'fix' to make the plan financially sound for their future."

(It appears that at the last minute, a provision negating Congresses right to keep their healthcare was added in the Senate by the GOP and nobody caught it.)  They are now scrambling to fix it.  Let us make that it is not  in their words “fixed”… in our words fair!! (See Below)

Honorable David Kithil - Marble Falls , Texas

All of the above should give you the point blank ammo you need to support your opposition to Obamacare. Please send this information on to all of your email contacts.

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NYT: ObamaCare may have accidentally stripped Congress of health coverage

POSTED AT 9:47 PM ON APRIL 12, 2010 BY ALLAHPUNDIT

The perfect ending to a day that saw support for repealing O-Care reach a new high in Rasmussen (58 percent) and support for The One reach a new weekly low inGallup (47 percent). Turns out that fantastically long, mind-bogglingly complex bills which no one has actually read may create unintended consequences.

Remember how they forgot to require insurers to cover kids with preexisting conditions? Oh, and they forgot initially to let young adults be covered by their parents’ insurance until Reid fixed it in reconciliation. Now this. Who knew that when Pelosi said they’d have to pass the bill so that people could find out what’s in it, “people” meant Congress?

I’d call it comedy gold if not for the obvious point raised by the Times: “If they did not know exactly what they were doing to themselves, did lawmakers who wrote and passed the bill fully grasp the details of how it would influence the lives of other Americans?”

The law apparently bars members of Congress from the federal employees health program, on the assumption that lawmakers should join many of their constituents in getting coverage through new state-based markets known as insurance exchanges.

But the research service found that this provision was written in an imprecise, confusing way, so it is not clear when it takes effect.

The new exchanges do not have to be in operation until 2014. But because of a possible “drafting error,” the report says, Congress did not specify an effective date for the section excluding lawmakers from the existing program.

Under well-established canons of statutory interpretation, the report said, “a law takes effect on the date of its enactment” unless Congress clearly specifies otherwise. And Congress did not specify any other effective date for this part of the health care law. The law was enacted when President Obama signed it three weeks ago.

In other words, theoretically the law kicks them out of the federal health plan now in order to force them to join insurance exchanges… that don’t exist yet. Looking forward to tomorrow, when we’re inevitably told that they meant to do that. Exit question for lawyers: Who would have standing to sue to force the federal health plan to drop Congress now? Any citizen, or is it more refined than that?

The average American makes $50,000 and has a benefit package of $9,000.  The Average Congressman make $174,000 and has a benefit package of $40,000.  How about we lower the benefit packages of the House, Senate, and President to that of average Americans.  Do not let them reinstate the Cadillac Package they had before.  With any luck, there never will be insurance exchanges for any of us through ObamaCare, when it is over-turned!!

Little gems from the Health Care Bill

Posted on Fri Jul 24 2009 15:12:23 GMT-0700 (Pacific Daylight Time) by CMS

• Page 16: States that if you have insurance at the time of the bill becoming law and change, you will be required to take a similar plan. If that is not available, you will be required to take the gov’t option!  (They are  already working on the public option/single payer option legislation.  It was leaked yesterday (Monday… the day after the signing of the bill.)
• Page 22: Mandates audits of all employers that self-insure!
• Page 29: Admission: your health care will be rationed!
• Page 30: A government committee will decide what treatments and benefits you get (and, unlike an insurer, there will be no appeals process)
• Page 42: The "Health Choices Commissioner" will decide health benefits for you. You will have no choice. None.
• Page 50: All non-US citizens, illegal or not, will be provided with free healthcare services.
• Page 58: Every person will be issued a National ID Healthcard.
• Page 59: The federal government will have direct, real-time access to all individual bank accounts for electronic funds transfer.
• Page 65: Taxpayers will subsidize all union retiree and community organizer health plans (example: SEIU, UAW and ***ACORN)
• Page 72: All private healthcare plans must conform to government rules to participate in a Healthcare Exchange.
• Page 84: All private healthcare plans must participate in the Healthcare Exchange (i.e., total government control of private plans)
• Page 91: Government mandates linguistic infrastructure for services; translation for: illegal aliens (Hmmm odd if they weren’t planning on covering illegals don’t you think?!?)
• Page 95: The Government will pay ***ACORN and Americorps to sign up individuals for Government-run Health Care plan.
• Page 102: Those eligible for Medicaid will be automatically enrolled: you have no choice in the matter.
• Page 124: No company can sue the government for price-fixing. No "judicial review" is permitted against the government monopoly. Put simply, private insurers will be crushed.
• Page 127: The AMA sold doctors out: the government will set wages.
• Page 145: An employer MUST auto-enroll employees into the government-run public plan. No alternatives.
• Page 126: Employers MUST pay healthcare bills for part-time employees AND their families.
• Page 149: Any employer with a payroll of $400K or more, who does not offer the public option, pays an 8% tax on payroll 

•  Page 150: Any employer with a payroll of $250K-400K or more, who does not offer public option, pays a 2 to 6% tax on payroll
• Page 167: Any individual who doesn’t' have acceptable healthcare (according to the government) will be taxed 2.5% of income.
• Page 170: Any NON-RESIDENT alien is exempt from individual taxes (Americans will pay for them).
• Page 195: Officers and employees of Government Healthcare Bureaucracy will have access to ALL American financial and personal records.
• Page 203: "The tax imposed under this section shall not be treated as tax." Yes, it really says that.
• Page 239: Bill will reduce physician services for Medicaid. Seniors and the poor most affected."
• Page 241: Doctors: no matter what specialty you have, you'll all be paid the same (thanks, AMA!)
• Page 253: Government sets value of doctors' time, their professional judgment, etc.
• Page 265: Government mandates and controls productivity for private healthcare industries.
• Page 268: Government regulates rental and purchase of power-driven wheelchairs.
• Page 272: Cancer patients: welcome to the wonderful world of rationing!
• Page 280: Hospitals will be penalized for what the government deems preventable re-admissions.
• Page 298: Doctors: if you treat a patient during an initial admission that results in a readmission, you will be penalized by the government.
• Page 317: Doctors: you are now prohibited for owning and investing in healthcare companies!
• Page 318: Prohibition on hospital expansion. Hospitals cannot expand without government approval.
• Page 321: Hospital expansion hinges on "community" input: in other words, yet another payoff for ACORN.
• Page 335: Government mandates establishment of outcome-based measures: i.e., rationing.
• Page 341: Government has authority to disqualify Medicare Advantage Plans, HMOs, etc.
• Page 354: Government will restrict enrollment of SPECIAL NEEDS individuals.
• Page 379: More bureaucracy: Telehealth Advisory Committee (healthcare by phone).
• Page 425: More bureaucracy: Advance Care Planning Consult: Senior Citizens, assisted suicide, euthanasia?
• Page 425: Government will instruct and consult regarding living wills, durable powers of attorney, etc. Mandatory. Appears to lock in estate taxes ahead of time.
• Page 425: Goverment provides approved list of end-of-life resources, guiding you in death.
• Page 427: Government mandates program that orders end-of-life treatment; government dictates how your life ends.
• Page 429: Advance Care Planning Consult will be used to dictate treatment as patient's health deteriorates. This can include an ORDER for end-of-life plans. An ORDER from the GOVERNMENT.
• Page 430: Government will decide what level of treatments you may have at end-of-life.
• Page 469: Community-based Home Medical Services: more payoffs for ***ACORN.
• Page 472: Payments to Community-based organizations: more payoffs for ***ACORN.
• Page 489: Government will cover marriage and family therapy. Government intervenes in your marriage.
• Page 494: Government will cover mental health services: defining, creating and rationing those services.

*** Many of you may have heard that ACORN is bankrupt and going out of business. Do not be fooled… They have regrouped and are opening all over the country and all over the world under new and different names so it will be harder to track them.

**** Americorps is a government youth group in which ultimately all college students will be a required to serve as part of the student loan takeover that was slipped through as part of this HC bill without most people noticing.

For anyone who does not believe these provisions are in the bill… I suggest you read it.  They are all in there and that is why Obama broke his Sunshine Campaign Promise, knowing that most people would not read it in the first few days after passing the House and that they will be upset when they do.

And the best parts…

· You will start paying for it now but the bulk of the program will not go into effect until sometime in 2014. (Actually it is good because we have a prayer of repealing at least parts of it, if not all of it).

· The IRS will be enforcing the required HC mandate and they will have armed agents in the field.

· Ultimately the plan is to move from the Healthcard to RFID chipping of everyone.

· Healthcare will be more and more expensive.

· A huge pool of doctors plan to retire or leave medicine if the bill is not repealed… creating a doctor shortage.

· Walgreen’s in Oregon (first of many) has already said they will accept no more Medicaid patients.

And for those who are not good at reading between the lines and don’t want to do the research… all I can say to you is: What if it is all true???  At least give it some logical thought…

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