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Friday, August 21, 2009

15 Constutional Questions On HR 3200

15 Constitutional Questions
On HR 3200

#1 - Under Article 1, Section 8 of the Constitution, 17 powers are granted to the Congress. Nowhere is granted the power to enact this sweeping Health Care Mandate.
If this bill or any bill outside the scope of granted powers passes, Congress will be in violation of Article 1, Section 8.

What, if any legal recourse do we have & can we have members who voted for the bill be prosecuted or impeached?

#2 - There are 19 separate violations of the 4th Amendment of the Constitution, which is “the right of the people to be secure in their persons, papers and effects against unreasonable searches and seizures”. How can you ensure our privacy and keep government out of our personal effects and homes?

Under HR 3200 Sections 113, 163, 431, 1302, 1308, 1401, 1411, 1444, 1503, 1128G, 1651, 1711, 1713, 1759, 1802, 440, 1904, 3121, 2521

#3 - Under HR 3200 there are 9 separate sections where taxes and penalties are imposed. Doesn’t this seem extreme?

#4 - I counted 13 violations of the 5th Amendment in HR 3200 where “nor should any person ... be deprived of life, liberty or property ... nor shall private property be taken for public use without just compensation” Of these violation, life is deprived by denial or rationing, they call it regulation of care in 8 instances. Property is restricted and regulated in 4 cases and property is taken in one section to create health clinics, without compensating the property holders. This is not right!

#5 - Why are there different rules for different people? The 9th Amendment states “The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people” Shouldn’t this mean, if a Health Care Bill Passes, all members of Congress, The President and every person in America, including union members and federal employees should be subject to it and not exempt?

HR 3200 Section 164 exempts federal employees and unions

#6 - The Health Care bills does not allow for a complaint review or recourse if you want to sue for improper fee schedules or denied care. That is in direct violation of the 7th Amendment, “... where the value ... shall exceed $20.00, the right of trial by jury shall be preserved.”

HR 3200 Section 223

#7 - Congress is not only in violating Article 1 Section 8 of the Constitution, it is violating the 10th Amendment, where : “The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.”

Why can’t we just allow each State decide on what to do for Health Care?

#8 - I thought slavery and servitude was outlawed in the 13th Amendment, why is it allowed in HR 3200 under Sections 225, 1501 and 2201?

#9 - What is your opinion of the line from HR 3200, Section 441 which says,
“The tax imposed under this section shall not be treated as a tax.”?

#10 - The 15th and 19th Amendments guarantee equality, yet HR 3200 regulates care based upon race, gender, age and place of residence in Sections 1142 and 2241. Shouldn’t full care be available to everyone?

#11 - Under HR 3200, I counted at least 7 committees / commissioners, not including numerous funds and advisory panels. Why are there so many bureaucracies between me and my doctor?

Sections 123, 142, 1191, 1233, 1759, 1801, 1802

#12 - HR 3200 without directly stating, gives health care to illegal aliens, by calling them “non-residents” in Sections 152 and 598. Why?

#13 - I couldn’t understand why SEIU was so strongly pushing for HR 3200 until I read the bill and found 6 separate sections that will increase their membership three-fold as soon as it is enacted and continue to increase their membership, with the National Health Services Corp and the Public Health Workforce Corps. Why is HR 3200 supporting and subsidizing the union?

Sections 1713, 2202 (NHSC), 340L (PHWC) 3141, 2511,399Z-1

#14 - Community Organizations, such as ACORN and its’ affiliates are utilized in seemingly innocent areas of HR 3200, but it will give these organizations access to our private lives and finances as well as influence over our health care. This isn’t right!

#15 - We all agree that Medicare/Medicaid could be managed better, yet Seniors and the disabled now solely rely on it for chronic and urgently needed care. There are four sections in HR 3200 which will reduce and restrict care, Sections 1121, 1141, 1162 and 1639. Furthermore, Persons with Special Needs will be limited and reduced in care under Section 1177. Why is HR 3200 targeting the weakest and those most in need of care, for what is in truth rationing?

Why HR 3200 and SEIU Should Scare You

Why SEIU & HR 3200
Scare You

Few people have fully read the House Bill HR 3200 and even fewer understand it. Inside the bill are lots of goodies aimed at pandering to special interest including the Service Employees International Union, SEIU and ACORN. On the SEIU website they describe themselves:

“... the fastest-growing union in North America. Focused on uniting workers in three sectors to improve their lives and the services they provide, SEIU is: The largest healthcare union, with more than 1.1 million members in the field, including nurses, LPNs, doctors, lab technicians, nursing home workers, and home care workers. The largest property services union, with 225,000 members in the building cleaning and security industries, including janitors, security officers, superintendents, maintenance workers, window cleaners, and doormen and women. The second largest public services union, with more than 1 million local and state government workers, public school employees, bus drivers, and child care providers” Totaling over 2.325 million members.

SEIU has been picketing and confronting Town Hall meetings and anti-Health Care rallies, with the intent of forcing HR 3200 into passage. With the passage of HR 3200 the rank and file of SEIU will more than triple overnight and continue to expand as all facets of the bill are implemented. Written into the bill on page 897 is Section 2231 titled “Public Health Workforce”, which establishes the “Public Health Workforce Corps” and is “for the purpose of ensuring an adequate supply of public health professionals..... shall consist of such officers of the Regular and Reserve Corps ... and such civilian employees...”

In one swell swoop SEIU will gain members from a para-military “Public Health Workforce Corps”, from doctors and nurses to the janitor working in private and public medical facilities, health insurance providers and any educational facility. HR 3200 in Sections 2511 and 399Z-1 establishes a school-based “health” clinics. These clinics will provide educational services as well as medical, mental health and dental services during and after school hours. In essence schools will also become 24 hour community health clinics, staffed by SEIU members.

In the ultimate of government intrusion, Section 2521 establishes the “National Medical Device Registry” which will be the central collector of any “implantable” devices. Anything implanted such as birth control devices, cosmetic augmentations, joint replacements, pace makers, hernia patches and far beyond will be in this registry. Included in the registry is the serial number of the implant and the patients personal identification and financial data.

SEIU is not the only big beneficiary of HR3200, ACORN and it’s associated arms have their fingers in the bill. Community based organizations were awarded with monitoring, administrating and evaluating dozens of sections in the bill. The most astounding area is the use of community based organizations is Section 1904, titled “Home Visitation Program” wherein “well-trained staff” will come to your home to “provide parents with age-appropriate knowledge of development in cognitive, language, social, emotional, and motor domains ... knowledge of realistic expectations of age-appropriate child behaviors ... skills to interact with their child...”. Essentially, they will moniter and instruct you on how to raise and interact with your child. For other home visits by community based organizations, HR 3200 in Section 1302 establishes the “Community-Based Home Medical Services” which will provide home based medical and educational services to you. Initially it is set up for rural areas and has provisions to be expanded as the CHMS determines is needed. The CHMS will provide medical services, monitor your progress, educate you on healthy behavior (i.e. - diet, exercise, personal habits) and determine your compliance with their recommendations.

Section 1193, the “GAO Evaluation Of Data Collection Process For Quality Measurement” sets the standard for your medical treatment. This is carried into Section 1142, where “Quality” is based upon gender, age, race and place of residence. Uniting these two areas of HR 3200 is Section 1143, “Multi-Stakeholder Pre-Rulemaking Input”. The MPI will provide “provide recommendations on the selection of individual or composite quality measures...” meaning they will determine the level of your care. It will comprise “a voluntary collaborative of organizations representing persons interested in or affected by the use of such quality measure...” such as medical personnel and community based organization, like ACORN.

Beyond the liberal use of ACORN type organizations HR 3200 will restrict and regulate other programs that target the neediest among us, such as Special-needs persons. Section 1177 is titled “Extension Of Authority Of Special Needs Plans To Restrict Enrollment” is an extension of the America’s Affordable Health Choices Act of 2009. Through various groups, including ACORN, this is designed to “through a contract with an independent health services evaluation organization, for an analysis of the plans described in paragraph (1) with regard to the impact of such plans on cost, quality of care, patient satisfaction..” Services to Special-Needs will be “restricted” or rationed.

HR 3200 is only one of three Health Care Plans proposed in the House of Representatives. In the Senate there are two bills currently under consideration. The Kennedy Health Care Act has 615 pages and an additional 300 pages, not yet released. Several Republican Senators have proposals in committee, including Senator Tom Rice (GA) and Senator Jim DeMint (SC). The Health Care debate is heating up and when the fight is over, there most likely be many bruised and battered members of congress licking their wounds and limping home.

Thursday, August 20, 2009

Letter to editor: From The Ashes Of 9/11

Letter to Editor:
From The Ashes Of 9/11

From The View Of A Retired NYPD Cop

Terrorist struck the World Trade Center twice. It took the death of over 3000 Americans to wake up the sleeping Giant. But, the Lilliputins are trying to rein in the powers and liberties of the Giant. Will you let them?


Sunday, August 9, 2009

Health Care 101 - 10 Steps to Better Coverage

Health Care 101

10 Steps to AFFORDABLE & SENSE-ABLE Health Care Coverage
with NO Government Mandate:

#1 - Tort Reform: By Limiting the awards in civil suits and preventing frivolous suits, we can reduce the cost of malpractice insurance for doctors and medical facilities, and thus reduce the cost of medical care. Tort lawyers will fight this, however, they will in short time find new prey to latch onto. Furthermore, by reducing the spectre of potential lawsuits, Doctors will be less inclined to order multiple and needless diagnostic tests. The threat of mal-pratice lawsuits force the use of these tests to cover all of their bases. Therefore, Tort Reform will reduce malpractice insurance, reduce unnecessary and costly medical tests, and reduce the overall cost of medical care.

#2 - Health Care Savings Accounts: Most current HSA accounts earn below an 1% interest rate. Normal savings accounts currently earn at least 3%, leaving a difference of over 2.5%. Why would anyone want to place their money into such a small return. Increase the interest rate of HSA account to equal or slightly above the market rate to encourage more people to invest in the HSA accounts. The more people utilize HSA accounts, the less they will tax government funded systems and reduce taxpayer liability.

#3 - Vouchers: For those who fall between the gap of eligibility for Medicare / Medicaid and the ability to afford to purchase an individual or family health insurance plan, (i.e - low & middle class income earners) offer an income based vouchers, to enable them to purchase a policy that fits their needs. Enable families and individuals to continue to make decisions about their own life, liberty and pursuit of happiness as befits their life style and accept the consequences of those choices.

#4 - Policy Availability: Cease the monopoly of "in-state" insurance and allow individuals, families and businesses to purchase policies across state lines. This will increase competition reduce the cost of medical insurance and offer customers better benefits. Allow small business to draw from a pool, possibly run through the National Chamber of Commerce, thus lowering the premiums to small businesses, putting them on par with big businesses.

#5 - High Risk Plan Pool: Reasonable standards should be established as to "previous conditions" as to what should be considered deniable or not. For those who are uniformly defined by insurance law standards as "high risk" would fall into a "High Risk" pool and reduce the cost of medical insurance to the regular policy holder, by spreading the cost ratio for the insurance carrier. Furthermore, those who are already covered under a plan and become ill, injured or at risk, cannot have their coverage altered, be penalize or denied medical care.

#6 - Complaint Board: Create a non-partisan Complaint Board made of members without interest in the AMA, have worked as a lobbyist, or for the insurance industry to review denial of claims and medical coverage. By removing the complaint board from individual insurance carriers, you enable a more just review of complaints, reduce the number of complaints, thus reduce the cost of medical insurance. Streamline complaints to be heard in a time critical fashion.

#7 - Tax Cuts / Rebates: Enact Tax Cuts or Rebates to enable and encourage businesses of all sizes to offer employer based insurance plans. Additionally, offer the insurance companies a tax incentive to offer lower rate programs to individuals and small businesses and reduce the overall cost of medical insurance.

#8 - Portable Policies: Life is unpredictable and companies close, people change jobs and retire before they are eligible for Medicare. People should not be penalized for these life changes. For those who change jobs, get laid off or retire early, enable them to keep the coverage they currently have, should they not be offered a better policy. This may require a voucher if they leave a small business that cannot continue coverage, an entity that goes out of business or other unforeseen circumstances.

#9 - No Mandated Coverage: The People under the Constitution have the right to be stupid, although it isn't implicitly written. We also have the right to be secure from unreasonable Search and Seizure, To be secure in our persons, papers and property and To be treated equally. The HR 3200 bill of mandated health care would cause these rights to be violated. If a person gets ill and they chose not to purchase health care, they foot the bill themselves, they hurt themselves. Mandatory Health care effects every taxpayer. Let every family and individual decide for themselves! Additionally, Congress is attempting to extend their powers beyond those allotted to them by the Constitution, bringing HR3200 into the realm of unconstitutionality.

#10 - Electronic Portable Records: A credit card type of data storage, would cost under $20 and take up little space in your pocket or wallet. It will go with and where the patient goes. By remaining on the person of the patient, in cases of emergency medical care, the records are readily available. It can be maintained using the the data strip on the card or uploading data updates to the card. Place an individuals medical record on portable devices or accessible websites "voluntarily". Many of us have a real fear of over accessibility of medical records. Allow us the choice of methods and a discount for those who use portability. The ability of Doctors and medical facilities to access your complete medical record can reduce misdiagnosis and decrease cost of care for redundant tests. However, privacy concerns must be addressed. There is no reason for a podiatrist to look at a patients record of hair replacement.

Tell me what YOU think? Do I make sense, can we make this happen?