Thursday, September 17, 2009

Obamacare H.R. 3200 – a study in obfuscation and plausible deniability

Ultra liberals in the House and Senate, who were thwarted for many years, finally achieved the perfect storm of politics with them in charge of congress and an ultra liberal president in the White House. This deadly combination managed to have the government take over the auto industry, the banking system, and now has set the stage to extend control to Wall St., energy (with “cap and trade”) and the health care industry.

The auto industry and the banking system were easy. After declaring crises early in the Obama term take over was simple; the public and congress were persuaded only government, with the aid of the Federal Reserve Bank, could “fix” things. Large businesses and banks were too large to fail so with the printing presses rolling money was created to “bail them out.” When it came time to take over health care, the public became better informed and opposition to government’s control grew.

It’s not easy to learn exactly how the government will take over health care because Obama and his henchmen (and henchwomen) in congress tried hard to obfuscate their take over plans. How else can you describe writing a 1,017 page bill full of legalese and convoluted provisions (H.R. 3200) than obfuscation? Unfortunately for them many people actually read the bill, even if congressmen didn’t, and the health care hoax, called “Obamacare,” angered the populace as its provisions became known.

Obama and other ultra liberals can’t handle opposition to Obamacare so with the aid of their controlled news media they began a propaganda campaign which would make the Nazi propagandist, Joseph Goebbels, proud. Opponents are accused of “scare tactics” to demean any discussion about what Obamacare really is and how it will destroy health care for everyone satisfied with the way they receive medical treatment now.

Many half-truths and actual lies are spewed by President Obama on a regular basis; no president has been featured on television as much as Obama has on the nation’s networks. Here are some examples.

Is health care rationing mentioned in H.R. 3200 – answer, yes and no?

The word ration is not mentioned but there is a limit on how much can be spent for health care, the effect of which is to limit, i.e. ration, health care provided.



(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 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.

Another issue lied about or never mentioned by Obamacare supporters and even opponents is that there will be a Federal board and Commissioner that will decide whether and what health care will be provided. H.R. 3200 is very clear about this. Therefore it is not understandable why there is no outcry against Obamacare, if nothing else for this reason.

On page 30 the bill says a government committee will decide what treatments and benefits you get (and, unlike an insurer, there will be no appeals process). Page 42: a "Health Choices Commissioner" is mentioned who will decide health benefits for you. You will have no choice. None.

Some have insisted that the Federal board only makes “recommendations” but while that is true, these recommendations once approved by the secretary become mandates on the medical practitioners and hospitals (see Section 124 below).


(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.



The Health Benefits Advisory Committee shall recommend to the Secretary of Health and Human Services (in this subtitle referred to as the ‘‘Secretary’’) benefit standards (as defined in paragraph (4)), and periodic updates to such standards. In developing such recommendations, the Committee shall take into account innovation in health care and consider how such standards could reduce health disparities. [The recommendations are submitted to the Secretary and once approved then become mandates to medical practioners and hospitals.]




Not later than 45 days after the date of receipt of benefit standards recommended under section 123 (including such standards as modified under paragraph (2)(B)), the Secretary shall review such standards and shall determine whether to propose adoption of such standards as a package.


If the Secretary determines—

(A) to propose adoption of benefit standards so recommended as a package, the Secretary shall, by regulation under section 553 of title 5, United States Code, propose adoption such standards; or

(B) not to propose adoption of such standards as a package, the Secretary shall notify the Health Benefits Advisory Committee in writing of such determination and the reasons for not proposing the adoption of such recommendation and provide the Committee with a further opportunity to modify its previous recommendations and submit new recommendations to the Secretary on a timely basis.

(2) DEADLINE.—The Health Benefits Advisory Committee shall recommend initial benefit standards to the Secretary not later than 1 year after the date of the enactment of this Act.(4)


In this subtitle, the term ‘‘benefit standards’’ means standards respecting

(A) the essential benefits package described in section 122, including categories of covered treatments, items and services within benefit classes, and cost-sharing; and

(B) the cost-sharing levels for enhanced plans and premium plans (as provided under section 203(c)) consistent with paragraph (5).


(A) ENHANCED PLAN.—The level of cost sharing for enhanced plans shall be designed so that such plans have benefits that are actuarially equivalent to approximately 85 percent of the actuarial value of the benefits provided under the reference benefits package describedin section 122(c)(3)(B).

(B) PREMIUM PLAN.—The level of cost sharing for premium plans shall be designed that such plans have benefits that are actuarially equivalent to approximately 95 percent of the actuarial value of the benefits provided under the reference benefits package described in section 122(c)(3)(B).

By the way, “actuararily equivalent” means consider the age of the health care recipient and whether it is cost effective to provide that care to such person, i.e. senior citizen.

Did you know that H.R. 3200 provides (at page 65) that taxpayers will subsidize all union retiree and community organizer health plans (e.g. SEIU, UAW and ACORN)?


(1) IN GENERAL.—Not later than 90 days after the date of the enactment of this Act, the Secretary of Health and Human Services shall establish a temporary reinsurance program (in this section referred to as the ‘‘reinsurance program’’) to provide reimbursement to assist participating employment-based plans with the cost of providing health benefits to retirees and to eligible spouses, surviving spouses and dependents of such retirees.

Obama is fond of saying if you like your health insurance, you can keep it. However that’s not completely true for several reasons. First, your INSURANCE PLAN MUST COMFORM TO GOVERNMENT-SET STANDARDS OR YOU CAN’T KEEP IT, AND SECONDLY IF ANY CHANGES ARE MADE IN YOUR PLAN THEN YOU MUST ENTER THE GOVERNMENT PLAN.


In accordance with this subtitle and in coordination with appropriate Federal and State officials as provided under section 143(b), the Commissioner shall

(1) under section 204 establish standards for, accept bids from, and negotiate and enter into contracts with, QHBP offering entities for the offering of health benefits plans through the Health Insurance Exchange, with different levels of benefits required under section 203, and including with respect to oversight and enforcement...

PLAN DEFINED.—in this division, the term ‘‘Exchange participating health benefitsPlan’’ means a qualified health benefits plan that is offered through the Health Insurance Exchange.



In accordance with this section, all individuals are eligible to obtain coverage through enrollment in an Exchange-participating health benefits plan offered through the Health Insurance Exchange unless such individuals are enrolled in another qualified health benefits plan or other acceptable coverage.

There are many more excerpts from the full text of H.R. 3200 that can be cited and will be given in Parts II and III of this series.

Here are some examples of what will be reported in detail in the next two articles:

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 the 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 (Your health records will no longer be private.). •

Page 203: "The tax imposed under this section shall not be treated as tax." Yes, it really says that. •

Page 239: H.R. 3200 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 •

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: will be subject to rationing! •

Page 280: Hospitals will be penalized for what the government deems preventable re-admissions. •

Page 298: If a Doctor treats a patient during an initial admission that results in a readmission, he/she will be penalized by the government. •

Page 317: Doctors 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 acorn 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: Government 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 gifts to ACORN; Page 472: Payments to Community-based organizations: •

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.

Instant Federal access to your bank accounts, automatic debits if needed and the ID card.

Tune in later for more on Obamacare – if the above doesn’t wake you up to this threat to your life– nothing will.


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