The tea parties woke me up. We had better hope that they succeed in saving this country in November. They caused me to read the health care bill and after I read it the first time, it was cause for me to read it the second time. After reading all 2409 pages for the third time, I became convinced that I should write a book ObamaCare by Chris Cozby. The pages of the book will describe to you what I think it means. I felt the tea parties needed the information. I will challenge any attorney or group of attorneys to read the bill and tell me what’s in it. I will be happy to debate the subject anytime, anyplace. In short, the bill says one thing; there is a dictator in our midst.  I can assure you it is the Secretary of Health and Human Services. She will control every aspect of our health care.

  We are now insuring an extra 45 million people of which a great portion pay no taxes. If you live at or below the poverty level, you pay no insurance premium. It is my opinion that our national debt will increase by at least one trillion dollars in the next four years. The country is already thirteen trillion dollars in debt.

  The National Inflation Association (NIA) that I respect just made the following statement and I quote:

We are now at a point where if the U.S. government taxed Americans 100% of their income, the tax receipts generated would not be enough to balance the budget. Likewise, if the U.S. government cut 100% of spending including defense, but kept paying Social Security, Medicare and Medicaid, we would still have a budget deficit. NIA believes that it will be impossible for the U.S. to have a balanced budget ever again.

  Can we now understand why the tea parties exist? If the NIA is right, this country is bankrupt. How is it we could elect anyone that would drive this country further in debt by passing the health care bill? And if you think the health care bill is bad, try Cap and Trade on for size.

  The tea parties are appropriately named. The Boston Tea Party was the first to say “enough is enough”. I see history repeating itself. This time we can win in the voting booth not on the battlefield, but if and only if the tea parties gain the momentum that it will take to stop the insanity in Washington in November.

  After reading the pages of the book I think that you will agree that we, the middle class of America, will pay for the entire health care bill. It will not affect the wealthy or the poverty stricken, the entire burden will be on our backs. I can guarantee that your taxes will skyrocket and there is absolutely no doubt that your insurance premiums will go through the roof.

  A former Secretary of Treasury made the statement that the only person that he believes has actually read the entire health care bill was the type setter. He made this statement on national television and he is probably correct; except for me.

  Every doctor’s office will have to report to the Secretary of Health and Human Services every aspect of his or her relationship with their patients which will triple their administrative costs. Every doctor will have to report to the Secretary every aspect of their personal investments or anything else the Secretary deems appropriate. If you are an immediate family member of a doctor, you will also be reporting to the Secretary any and all investment dealings. I assume that every doctor would deem this a tremendous invasion of his or her privacy. Anything of value that is deemed to be of value at 100 dollars USD or more must be reported to the Secretary.

  Every doctor should have his professionals, whether an attorney or an accounting firm, read the entire health care bill. This bill is so far reaching into the privacy of the doctor, his spouse, his children all immediate family members that it must be repealed.

  Every insurance provider that offers group or individual coverage for health care will be totally controlled in every aspect by the Secretary of Health and Human Services. The reporting required by each and every insurance provider will triple the administrative expense of an insurance company and most certainly drive up premiums. Free enterprise and capitalism is no longer in existence when it comes to health care. This is not only socialistic, but the government now controls every aspect including doctors, hospitals, drug manufacturers, medical device manufacturers, etc. The insurance companies, drug companies and medical device companies must pay an annual fee to operate within the United States. Could this fee be a hidden tax? Is there anyone that would be inclined to believe that these fees will not drive insurance premiums into the stratosphere? Or at least on all middle class Americans?

  The most important aspect of the health care bill is it creates a reporting scenario in which all entities must report on all other entities or there will be a fine imposed. For instance, a landlord who is leasing property to a hospital or doctor must report those dealings to the Secretary of Health and Human Services. Where have we heard this before; where everyone has to tell on everyone else?

  In the book written by Newt Gingrich To Save America, he states that H.R.3590 creates 159 new federal agencies. I will tell you that over 200 times in this bill it states “whatever the Secretary deems appropriate”.  This is the reason that I make the statement that there is a dictator in our midst. How can any bill be a law that allows a single person to change any law in any way she deems appropriate?

  I did not believe that any elected official would vote on any bill without reading what is contained therein. After reading this bill three times, I can assure everyone that they did not read it or it would not have passed. When I heard Nancy Pelosi say we will have to pass this bill so we can find out what’s in it, I knew that I would be reading this bill in its entirety. There is no way of knowing how many secret backroom deals had to be cut in order to purchase the votes needed to pass a travesty such as this. A couple of examples would be the $100 million to Nebraska, $300 million to Louisiana; how many more? Let’s us not forget that the dollars used for these bribes are our tax dollars.

 

 

 

QUALITY, AFFORDABLE HEALTH CARE FOR ALL AMERICANS

 

H.R.3590

 

 

“The harsh fact of the matter is when you're going to pass legislation that will cover 300 [million] American people in different ways it takes a long time to do the necessary administrative steps that have to be taken to put the legislation together to control the people

— Rep. John Dingell (D-MI)

 

May 2010

Here is a taste of what we have been force fed with this bill:

 

‘‘(F) The cost of providing uncompensated

14 care to the uninsured was $43,000,000,000 in

15 2008. To pay for this cost, health care providers

16 pass on the cost to private insurers, which pass

17 on the cost to families. This cost-shifting in18

creases family premiums by on average over

19 $1,000 a year. By significantly reducing the

20 number of the uninsured, the requirement, to21

gether with the other provisions of this Act, will

22 lower health insurance premiums.

 

This sounds great! I guess the insurance companies must have not received this news yet. My insurance company has made the statement in writing that premiums are going up; get ready! We have been hearing for more than a year now that this bill would stop the health care insanity, guarantee value for your health care dollars, create competition between health care providers, reduce premiums, cover all Americans, etc. This has been a pretty good marketing scheme for most people. When I say most people, I’m referring to the majority of people I have talked with regarding their thoughts on what the health care bill means to them. Strangely, there are people who believe that they are about to receive much more from their insurance companies and government in the form of financial help. Yes, health care costs are rising, the economy is on shaky ground at best, people are losing or have lost their jobs, families have been removed from their homes, taxes are rising, the atmosphere is warming up, food prices are up….you know, you have heard all of this for awhile now. Some help would be greatly appreciated, but do not believe for a moment that this bill, our government or the insurance companies are offering any help of any kind for someone like myself and I consider myself to be a middle class taxpaying American.

  I would love to have Nancy Pelosi and Harry Reid sit down in front of me so that I might ask them some questions.  I would like to know who wrote this bill and please don’t tell me it was our elected officials because I don’t believe it; I have this funny feeling that some of them might not be able to read. If the insurance companies really have to report to the Secretary all of the information the Secretary asks for, it will be very costly to the insurance companies and believe me when I say “your premiums are going up”. The Secretary of Health and Human Services is about to become the most powerful person in your life. She will wield more power over you and everything that you do than the president of the United States. The Secretary will have the IRS handle the collection of all the taxes, fees, fines, penalties, interest and whatever else the Secretary deems appropriate that is hidden within H.R.3590. I have read nothing in this bill that will be of any assistance in reducing our insurance premiums, they are going to skyrocket. You know, I’m surprised that there is not more screaming about this bill as I do believe that health care is better than 1/6 of our economy and it touches every American; well all of the “Qualified Individuals” anyway.

  It is my opinion that this is a blatant socialistic attempt at covering millions of Americans that could work, but elect not to. There are millions of people on welfare, are happy to be there and intend to stay. This bill should have been named The Robin Hood Bill as it will take from the middle class and give to the poor. We all remember that Robin Hood stole from the rich and gave to the poor; this bill does not accomplish the same. The bill steals from everybody and gives to the poor. Don’t believe me, read the bill. The wealthy are not affected much as the increase will not be felt. The poor will not have to pay as they can’t. So who is left? I believe it is the middleclass. When the government says that they are going to help with funding, remember that funding consists of the taxes we pay. Federal Funding = Tax Receipts and the government has said that only 50% of Americans pay taxes.

  I know this chapter seems long, but it is worth every word. You need to read and understand this as time for action is coming to a close. Our chance to stop the insanity is quickly approaching. Midterm elections are in November and, in my opinion, our last chance to fundamentally change our nation back to what it was before we started down the socialistic path. America may not be the best place to be, just better than any other on this planet.

  As you will notice, I’ve pulled certain sections from the bill and commented on each. My understanding and explanation may not be correct; probably the case. If I am wrong, and no expert explanation is offered, I will assume that I am correct. If I am correct, I fear that we as a nation are headed into the abyss for which we will emerge on the other side, but will be drastically different from anything we would recognize; we will not like it! Once implemented, a law is almost impossible to repeal. Here is an expert explanation where I think we are headed:

so·cial·ism

/ˈsoʊ ʃəˌlɪz əm/ Show Spelled[soh-shuh-liz-uh m] Show IPA

–noun

 

1.

a theory or system of social organization that advocates the vesting of the ownership and control of the means of production and distribution, of capital, land, etc., in the community as a whole.

 

2.

procedure or practice in accordance with this theory.

 

3.

(in Marxist theory) the stage following capitalism in the transition of a society to communism, characterized by the imperfect implementation of collectivist principles.

 

    We have all heard that none of our elected officials have read this bill and yet voted to pass it. I can guarantee each and every one of you that they did not and even if a few did, those individuals did not understand it. After reading any part or the entire bill, I suggest that you get a second opinion from an attorney. It is my opinion that, if you asked ten different attorneys to comment, you will get ten different answers. Believe me when I say, your representative did not understand what he or she was voting on.

  I wish to apologize up front if I did not include an issue that might be important to you. I pulled from this bill what I deemed important to me as an individual. I can assure you that there are a multitude of very, very important issues in H.R.3590 that I did not comment on.

is added 47 to 50 million new enrollees into health care plans they cannot afford.  Who is going to pay for these new enrollees?  After reading all and understanding some of the new health care bill, it appears that the middle class will be the ones paying.  I cannot imagine that all of the extra work involved will not equate to higher premiums for everyone.  I for one do not believe that the federal government has the wherewithal to pull this off.  I for one, would like to know what type of insurance policy is protecting the Secretary.  Just a note, the Secretary is: The Secretary of Health And Human Services.  There is text in the health care bill that refers to electronic funds transfers and I am not sure who it is that this text refers to.  As you will notice most of the text in the health care bill seems vague and very open ended. If you elect to read the bill, you too will glean this.

  When the Secretary speaks of fair health insurance premiums for all, it sounds good, but I can find very little substance in the text.  For the unaware this would be a statement of profound consequence.  One would have to assume that, without due diligence, the federal government will play a leading role in the reduction of health insurance premiums; I do not find this to be the case.  Perhaps if there were more explanation within this bill my conclusions would be different.  It seems strange to me that magically, overnight, the 47 million uninsured in this country could, with the passage of this bill, possess the ability to afford any health insurance at any price.  If an individual does not possess health insurance it is probably because they can't afford it.

  The competition the federal government speaks of will be created through an exchange system.  This exchange system is not a requirement as much as I understand it; just a really strong suggestion.  If an insurance company elects to be a member of the exchange, then the Secretary will dictate rate schedules for broker commissions paid by health benefit plans offered through an exchange.  So, let me see if I understand this, The Secretary of Health And Human Services will set the commission schedule for insurance brokers within the exchange.  I have not met an insurance agent yet that I believe would wish to be a part of a program such as this.  It would be my suggestion that if you are an insurance broker and are employed by an insurance company, that might be making plans for becoming an exchange member, a commission structure breakdown might be in order.  I guess you could call the Secretary the new “Insurance Broker Pay Czar”.

  There is text in the bill that refers to access being limited to lawful residents.  With the ruckus now days about immigration it seems that a concrete legal description of what a legal immigrant is would be appropriate at this time.  According to the news, there are at least 12 million illegal immigrants in the United States.  It seems funny to me that the federal government would have an argument with the state of Arizona wanting glean proof of citizenship status since within this bill it states that you must prove that you are a citizen of the United States in order to become an eligible individual for any health insurance plan.  One of the things that is required as proof is a Social Security number.  I thought in order to acquire a Social Security number that a person has to prove legal citizenship?  It seems we have a conflict of interest!  It is my belief that there are many more illegal immigrants in the United States than the 12 million stated.  In my mind I would think that an accurate inventory of all illegal aliens would be justified at this time.  I have formulated a very simple plan for such an inventory and guaranteed control of movement across our border with Mexico, in both directions, and not one penny of federal funding will be needed.  Please don't misunderstand when I speak of inventory and illegal aliens.  Some of the most trustworthy, hard-working, loyal and happy people I have ever encountered are from the beautiful country of Mexico.  I have spent quite a bit of time in Mexico and quite frankly the Mexican people, as a whole, are happier than most of the people I encounter here in the United States. 

  Reading further, it appears to me that HR 3590 relieves some individuals of the requirement to be enrolled in a health insurance plan at all.  An exemption request can be made based on the individual's status as a member of an exempt religious sect or division thereof, as a member of a health care sharing Ministry, as an Indian, or as an individual eligible for a hardship exemption.  As I read it, a hardship exemption can be acquired if an individual is seeking exemption based on the lack of affordable coverage or the individual's status as a taxpayer with household income less than 100% of the poverty line. Wait a minute, I thought that I read at the beginning of this bill “Quality, Affordable Health Care for All Americans”. It was my understanding that all Americans must be covered with some form of health insurance.  My suggestion to each and every one is to acquire a list of all religious sects or divisions to glean if you qualify as a member.  That list would be an interesting read, would it not? The Secretary is the one that will determine your status.

  Another section of interest would be employer liability.  If you are an employer in the United States, a good understanding of HR 3590 is imperative as there are legal and financial obligations that you are now liable for.  If I understand it correctly, you are required to offer and pay a portion of an insurance policy for each and every one of your employees.  If the secretary deems that you are not in compliance there can and probably will be hefty fees, penalties and interest.  It's states, somewhere, that there are minimum requirements for policies that will be acceptable to the Secretary. Along with these requirements, there is the paperwork involved.  The reporting requirements mandated by the Secretary, in my opinion, will be inundating at best.  I believe that the lion's share of the small businesses in this country do not possess the wherewithal to become or stay in compliance.  This will be devastating to the already bleak employment picture in the United States.  One of the most interesting descriptions in this section is the non-elective contribution.  I have a pretty good idea of what that means, but again, concrete figures are not something that HR 3590 renders.  Again, if you are an employer, you had better have a strong understanding of what this Bill means.  My suggestion, get an attorney!

  As an employee, your employer is required, by law, to offer an eligible qualified health insurance plan.  Your employer is required, by law, to pay for 50% of that plan.  On the surface and at just a glance this would seem to be a good thing, but as the statistics will show 35% or better of employees in America cannot afford health insurance at any cost.  Don't be fooled, as an individual you are required, by law, to be covered under a health insurance policy of some kind whether your employer offers one or not.  There are penalties for an individual who is found to be not covered.  It is my understanding that this penalty, tax, fee or whatever they want to call it, is $750 per year.  This penalty will be assessed and collected by the IRS.  If it is deemed that you are not sufficiently covered by a qualifying health care plan and a penalty is assessed, the IRS will start the collection process with your tax refund check.  Yes, it is my understanding that if you owe a penalty, the IRS will deduct the amount of that penalty from the refund owed to you.  And for those of you who are married, the spouse of such individual shall be jointly liable for such penalty.  According to the bill, married couples must file jointly.  Advice from your CPA or tax attorney is warranted.

  With respect to fees, taxes, penalties and interest the Secretary has stated that the Secretary shall not file notice of lien with respect to any property of a taxpayer by reason of any failure to pay the penalty imposed.  There is nowhere in this H.R.3590 that states that the IRS won't.  The way I see it, the Secretary has handed marching orders to the IRS to carry out the collection process; the dirty work if you will.  As we all know the IRS can and will file liens and levies to carry out the collection process.  This is pretty ingenious if you ask me!  I guess this would be the reason the IRS needs 16,000 more employees; but just a guess.

  Moving further into the bill I find it intriguing that the Secretary has made a gallant attempt to leave no stone unturned.  The insurance companies, drug manufacturers, medical device manufacturers, doctors or physicians, hospitals, landlords and all other entities deemed appropriate by the Secretary are not immune to this money-saving extravaganza.  The reporting required by the Secretary for all activity involved or construed to be appropriate by the Secretary will not, under any circumstances, be of any cost saving value at all!  If you are an insurance company, you are required to report to the Secretary information regarding each and every one of the individuals enrolled in health care plans that you offer.  A premium increase will fall under extreme scrutiny of the Secretary; she is going to want to know why.  I personally find this to be an invasion of our privacy as I do not believe that the federal government has any business rooting around in anyone’s health care files.  As it is with all other businesses, extra work equals a higher cost to the end-user.  In this case a higher premium each month is probably to be expected.  As I had mentioned before, it was my understanding that HR 3590 was written, voted on and passed in an effort to reduce the out of pocket expense for health insurance coverage.  I do not believe that the extra paperwork involved will help in this regard.

  If you are a doctor or a physician, every aspect of your life and the lives of your immediate family members, are about to be put under the microscope.  Your ability to practice medicine is about to change forever.  Your aptitude for healing the sick is not in question, but your ability to run a business is, or so it seems.  I would imagine that it is hard enough to deal with the important things much less the meddling that is coming your way.  The federal government has implemented rules and regulations that will require each and every entity that you interact with report to the Secretary all interaction with you.  I cannot imagine the grief that each and every one of you is about to endure.  This does not bode well for any patient as the majority of your time will be required to satisfy whatever the Secretary deems appropriate.  With the strongest of suggestion I recommend that you take the time and read HR 3590; it is of great significance to a person in your profession.

  The medical device and prescription drug manufacturers have not been spared.  There are significant annual fee's that you are required, by law, to pay for the privilege of doing business in the United States. Could this be construed as a tax? These fees are hefty.  It is beyond me how an imposed fee can be instrumental in any way shape or form for the purpose of reducing costs.  Any increase in costs will be of great burden for our older population as they are the most dependent on your services.  No blame should be laid upon you for the accelerated costs of your products as it is the federal government that has imposed these rules, regulations, fees, taxes, penalties and interest.  I am truly saddened for the elderly as much of their wealth has been stolen.  The fact that a good portion of our retired population depends heavily on the help of the federal government with health care costs is frightening to say the least.

  Let's talk about being retired in the United States.  When a person has reached the age of 65 and has paid into the Social Security Fund, the assumption to date, has been that there will be a little financial assistance available through the Medicare program.  To date, income has not played a monumental role in an individual's eligibility for Medicare.  You worked, you pay, and now it is time to collect.  Not anymore.  It is my understanding that an individual's income will be a significant determining factor of eligibility for Medicare assistance.  In other words, if the Secretary deems that you make too much money, then no help for you!  As to what that amount might be, it has not been determined according to everything I have read in HR 3590.  I am not a person that believes that Medicare should be made available to an individual who can afford to pay their own way.  I do find it striking that we have all been asked to pay in to a fund that was promised back to us at a certain point in time and now we are being told that we are not eligible for what we were promised.  It seems that the planet's largest Ponzi scheme is unraveling.  The most troubling to me is the financial help that all but a few are or were counting on might not be available.  To add insult to injury, a revision to the Medicare improvement fund has been made by striking $22,290,000,000.00 and inserting $0.00. Yes you read this correctly, 22 billion is going somewhere, we are just not sure where.  I strongly urge each and every person in this country to ask their elected officials where these funds are disappearing to.  Remember, federal funding = tax receipts = our money.

  There seems to be great interest in the health of the age group 55 to 64.  Yep, the baby boomers are about to retire!  This will be the biggest influx of individuals into the Medicare market, ever!  If you think we have problems now; hide and watch!  The federal government, you know, all of our elected officials, know that this system is about to come crashing down around all of us and there is nothing that they can say or do to keep this from happening.  The concern that the text in HR 3590 seems to portray about health and well-being of this age group is ill-conceived.  Our elected officials are scared to death and they are hoping that we are not paying attention.  I for one am making a concerted effort to educate myself so that I might be prepared for the onslaught of the bad news that is coming.  This should not be construed as fear mongering or a doomsday thought process; just a reality check.  I happen to fall into this age group and am quite concerned with all I see and think I understand.

  A little further into HR 3590 I gleaned an interesting section regarding federal workplace wellness requirements.  It seems that there are certain federal work establishments that are not subject to the same rules and regulations that the rest of us are.  It states, if I understand it correctly, that an insurance provider that provides health insurance coverage to certain federal establishments are not subject to the same taxes, fees, penalties and interest as are the others.  A logical assumption would be that these insurance providers would not suffer from the same burden and therefore possess the ability to offer a lower premium to their enrollees.  And explanation of why I am wrong would be greatly appreciated.

  As a side note, but of particular interest to me, is the fact that homeland security is mentioned in several locations of HR 3590.  Remembering that I am a high school dropout and I am not an attorney should not be reason to not question this strange occurrence.  Maybe it's just me, but I cannot figure out why homeland security would be involved in any type of health care bills.

  I'd like to refer to section 1128G which begins on page 1513.  This section refers to transparency reports and reporting of physician ownership and investment interests.  Please keep in mind that receiving health care means that you need to see a doctor; period. We seem to be short of doctors as it is and the following does not appear to being of any assistance in keeping the ones we have. Let us corner the doctors and then dump 40 million new patients into their offices. If I were a doctor and had read this bill, I would be quietly looking for another profession in this country or looking at other countries. The intrusion into my personal and business life would be so outrageous that there would be no choice.

  I know it appears that I am jumping around a bit, but that is the nature of HR 3590.  This section starts out with, and I quote ”on March 31, 2013 and on the 90th day of each calendar year beginning thereafter, any applicable manufacturer that provides a payment or other transfer of value to a covered recipient or to an entity or individual at the request of or designated in behalf of a covered recipient shall submit to the Secretary in such electronic form as the Secretary shall require the following information with respect to the preceding calendar year:

 

 

 

 

 

1 - The name of the covered recipient

2 - The business address of the covered recipient and, in the case of covered recipient who is a physician, the specialty and national provider identifier of the covered recipient

3 - The amount of the payment or other transfer of value

4 - The dates on which the payment or other transfer of value was provided to the covered recipient

5 - A description of the form of the payment or other transfer of value

as:

1 - Cash or cash equivalent

2 - In-kind items or services

3 - Stock, a stock option, or any other ownership interest, dividend, profit, or other return on investment

4 - Any other form of payment or other transfer of value defined by the secretary

5 - A description of the nature of the payment or other transfer of value

 

As in:

 

1 -   Consulting fees

2 -   Compensation for services other than consulting

3 -   Honoraria (whatever that is)

4 -   Gift

5 -   Entertainment

6 -   Food

7 -   Travel

8 -   Education

9 -   Research

10 - Charitable contribution

11 - Royalty or license

12 - Current or prospective ownership or investment interest

13 - Direct compensation for serving as faculty or as a speaker for a

14 - Medical education program grant

15 - Or any other nature of the payment or other transfer of value as defined by the secretary

 

  Do you still want to be a doctor? Is everyone paying attention?  This section is referring to physicians.  As I mentioned earlier, if you are a physician, the Secretary and everyone else the Secretary deems appropriate is about to know all about you, you have to send the information and there are penalties for noncompliance.  I have mentioned several times and I think it bears repeating; know who your friends are!  Every one that you conduct business with is required to report all transactions to the Secretary that pertain to you.  But all is not lost, the maximum penalty for noncompliance for a purchasing organization that conducts business with you and is found to be in noncompliance is only $150,000.00.  All I can say is wow!  The description of a covered recipient can be found on page 1530 and reads as follows:

 

 

‘‘(6) COVERED RECIPIENT.—

9 ‘‘(A) IN GENERAL.—Except as provided in

10 subparagraph (B), the term ‘covered recipient’

11 means the following:

12 ‘‘(i) A physician.

13 ‘‘(ii) A teaching hospital.

 

  I think I should touch on what the federal government considers to be a health insurance policy that is too expensive.  We have all heard that there will be a hefty fee, or tax, on health insurance plans that cost too much.  If you're insurance plan is considered self only coverage and it is reported to the Secretary that you paid more than $8,500.00, there will be a fee imposed on that plan.  If your plan is considered to be coverage other than self only coverage and you pay more than $23,000.00 for this plan, there will be a fee imposed on that plan.  Now, it does not say if that plan might be your family plan.  The fee imposed on either plan is staggering and I cannot imagine a scenario in which an insurance provider would absorb this extra cost and not pass it on to the enrollee in the form of higher premiums.  I know what you're thinking, that seems a little expensive and I do not believe that my family plan costs that much.  Well, a second look at your health insurance policies is in order.  For a family of four, an expenditure of more than $479 per month, per individual, will place you in the ”too expensive” category.  Most decent insurance plans are just around this cost.  Don't believe me, go look!  Oh yeah, and if the Secretary deems that your insurance provider is charging you too much, there is a fee for that.

  Buried inside HR 3590 is text pertaining to our second amendment rights.  Yes, our right to own guns.  I truly appreciate our federal government reminding everyone that every American has the right to own a gun.  I just cannot figure out why this type of rhetoric would be buried inside a health care Bill that is 2409 pages long? Or better yet, why it is there at all! After experiencing the insanity of the last two years or so and a total disregard for the opinion of the American populace, one would have to assume there to be a self seeking purpose for this language.  The list of questions I am compiling for my meeting with Nancy Pelosi and Harry Reid is growing exponentially!

  HR 3590 is far reaching in an attempt to squeeze financial assistance from the middle class for help in funding the cost of health care.  The middle class in United States, in my opinion, are the only people that will experience real fiscal burden when HR 3590 is fully implemented.  Since no real pain has been felt yet there is little concern that HR 3590 is a problem.  I can assure you that the pain is coming and it is my opinion that the uninformed are the ones that will be least prepared and scream the loudest!  My suggestion to every American is to read and understand HR 3590.  If allowed to mature unabated this bill will be an instrumental linchpin in the undoing of this country.  Please, do your homework, ask a neighbor, talked to a friend, consult with your employer, asks an attorney; this is important!

  If, at the end of this short book, you do not think that insurance premiums are going to rise, then please refer to this letter that I received from my insurance company. This is not a small Mom and Pop organization. I had to read this several times in order to digest what this letter was trying to let me know. Actually, I consider this to be a warning and the beginning of solid proof that this bill will not help reduce premiums; premiums are going up. Please, do not let yourself be lulled into a coma with the news you hear today, it is a lie.

 

 

 

 

 

 

 

 

 

 

 

 

‘‘SEC. 2711. NO LIFETIME OR ANNUAL LIMITS.

3 ‘‘(a) IN GENERAL.—A group health plan and a health

4 insurance issuer offering group or individual health insur5

ance coverage may not establish—

6 ‘‘(1) lifetime limits on the dollar value of benefits

7 for any participant or beneficiary; or

8 ‘‘(2) unreasonable annual limits (within the

9 meaning of section 223 of the Internal Revenue Code

10 of 1986) on the dollar value of benefits for any partic11

ipant or beneficiary.

12 ‘‘(b) PER BENEFICIARY LIMITS.—Subsection (a) shall

13 not be construed to prevent a group health plan or health

14 insurance coverage that is not required to provide essential

15 health benefits under section 1302(b) of the Patient Protec16

tion and Affordable Care Act from placing annual or life17

time per beneficiary limits on specific covered benefits to

18 the extent that such limits are otherwise permitted under

19 Federal or State law.

 

Where does it state that an insurance company should not or will not or can’t raise premiums between now and when this goes into effect; it doesn’t ! As with all other laws passed lately, this is no different. Premiums are being raised as we read this. As received from my insurance provider, if not grandfathered in, higher premiums are on the way and their excuse; the health care legislation.

 

‘‘SEC. 2712. PROHIBITION ON RESCISSIONS.

21 ‘‘A group health plan and a health insurance issuer

22 offering group or individual health insurance coverage shall

23 not rescind such plan or coverage with respect to an enrollee

24 once the enrollee is covered under such plan or coverage in25

volved, except that this section shall not apply to a covered

26 individual who has performed an act or practice that con-

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1 stitutes fraud or makes an intentional misrepresentation of

2 material fact as prohibited by the terms of the plan or cov3

erage. Such plan or coverage may not be cancelled except

4 with prior notice to the enrollee, and only as permitted

5 under section 2702(c) or 2742(b).

 

“Once the enrollee is covered under such plan…” This mentions nothing about an insurance provider being forced to accept an enrollee in the first place.

 

‘‘SEC. 2717. ENSURING THE QUALITY OF CARE.

12 ‘‘(a) QUALITY REPORTING.—

13 ‘‘(1) IN GENERAL.—Not later than 2 years after

14 the date of enactment of the Patient Protection and

15 Affordable Care Act, the Secretary, in consultation

16 with experts in health care quality and stakeholders,

17 shall develop reporting requirements for use by a

18 group health plan, and a health insurance issuer of19

fering group or individual health insurance coverage,

20 with respect to plan or coverage benefits and health

21 care provider reimbursement structures that—

22 ‘‘(A) improve health outcomes through the

23 implementation of activities such as quality re24

porting, effective case management, care coordi25

nation, chronic disease management, and medi-

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1 cation and care compliance initiatives, including

2 through the use of the medical homes model as

3 defined for purposes of section 3602 of the Pa4

tient Protection and Affordable Care Act, for

5 treatment or services under the plan or coverage;

6 ‘‘(B) implement activities to prevent hos7

pital readmissions through a comprehensive pro8

gram for hospital discharge that includes pa9

tient-centered education and counseling, com10

prehensive discharge planning, and post dis11

charge reinforcement by an appropriate health

12 care professional;

13 ‘‘(C) implement activities to improve pa14

tient safety and reduce medical errors through

15 the appropriate use of best clinical practices, evi16

dence based medicine, and health information

17 technology under the plan or coverage; and

18 ‘‘(D) implement wellness and health pro19

motion activities.

 

What or who is a stakeholder? I am pretty sure I understand that one. So, the next question would be “Why would a stakeholder be allowed to participate in this exercise?” I think we’ve seen how “Stakeholders” conduct themselves in this and most other markets.

 

‘‘SEC. 2718. BRINGING DOWN THE COST OF HEALTH CARE

7 COVERAGE.

8 ‘‘(a) CLEAR ACCOUNTING FOR COSTS.—A health in9

surance issuer offering group or individual health insur10

ance coverage shall, with respect to each plan year, submit

11 to the Secretary a report concerning the percentage of total

12 premium revenue that such coverage expends—

13 ‘‘(1) on reimbursement for clinical services pro14

vided to enrollees under such coverage;

15 ‘‘(2) for activities that improve health care qual16

ity; and

17 ‘‘(3) on all other non-claims costs, including an

18 explanation of the nature of such costs, and excluding

19 State taxes and licensing or regulatory fees.

 

And the cover up begins. I wonder if the insurance companies will have to report all those conferences that they “have” to attend in Hawaii, Costa Rica, etc.? Wait a minute, who’s paying for those? It seems to me that the insurance companies have really good connections in the White House. Everyone has to be covered, but no mention of rate regulation. All this “reporting” will cost untold amounts of revenue. The accelerated cost will be passed down to the end user; that is the way it works.

 

‘‘(1) REQUIREMENT TO PROVIDE VALUE FOR

2 PREMIUM PAYMENTS.—A health insurance issuer of3

fering group or individual health insurance coverage

4 shall, with respect to each plan year, provide an an5

nual rebate to each enrollee under such coverage, on

6 a pro rata basis, in an amount that is equal to the

7 amount by which premium revenue expended by the

8 issuer on activities described in subsection (a)(3) ex9

ceeds—

10 ‘‘(A) with respect to a health insurance

11 issuer offering coverage in the group market, 20

12 percent, or such lower percentage as a State may

13 by regulation determine; or

14 ‘‘(B) with respect to a health insurance

15 issuer offering coverage in the individual market,

16 25 percent, or such lower percentage as a State

17 may by regulation determine, except that such

18 percentage shall be adjusted to the extent the Sec19

retary determines that the application of such

20 percentage with a State may destabilize the ex21

isting individual market in such State.

22 ‘‘(2) CONSIDERATION IN SETTING PERCENT23

AGES.—In determining the percentages under para24

graph (1), a State shall seek to ensure adequate par25

ticipation by health insurance issuers, competition in

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1 the health insurance market in the State, and value

2 for consumers so that premiums are used for clinical

3 services and quality improvements.

4 ‘‘(3) TERMINATION.—The provisions of this sub5

section shall have no force or effect after December 31,

6 2013.

 

To me, this reads like I will be receiving a bonus check from my insurance company. The annual rebate they speak of will be included in your premium; I guarantee it! I do not see that any state will have the political clout to wage a value war against any insurance company; this is ludicrous!  Wait a minute, The provisions of this sub5

section shall have no force or effect after December 31,

6 2013.

 

‘‘SEC. 2794. ENSURING THAT CONSUMERS GET VALUE FOR

18 THEIR DOLLARS.

19 ‘‘(a) INITIAL PREMIUM REVIEW PROCESS.—

20 ‘‘(1) IN GENERAL.—The Secretary, in conjunc21

tion with States, shall establish a process for the an22

nual review, beginning with the 2010 plan year and

23 subject to subsection (b)(2)(A), of unreasonable in24

creases in premiums for health insurance coverage.

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1 ‘‘(2) JUSTIFICATION AND DISCLOSURE.—The

2 process established under paragraph (1) shall require

3 health insurance issuers to submit to the Secretary

4 and the relevant State a justification for an unrea5

sonable premium increase prior to the implementa6

tion of the increase. Such issuers shall prominently

7 post such information on their Internet websites. The

8 Secretary shall ensure the public disclosure of infor9

mation on such increases and justifications for all

10 health insurance issuers.

 

So, the Secretary is the all knowing person who will be deciding what our insurance premiums will be. I wonder how many lobbyists are following the Secretary around? I do not believe that any government employee that is covered by an insurance policy, paid for by the government, has a clue as to what an affordable premium could possibly be. They do not have to pay for it and everything is covered.

 

‘‘(2) MONITORING BY SECRETARY OF PREMIUM

2 INCREASES.—

3 ‘‘(A) IN GENERAL.—Beginning with plan

4 years beginning in 2014, the Secretary, in con5

junction with the States and consistent with the

6 provisions of subsection (a)(2), shall monitor

7 premium increases of health insurance coverage

8 offered through an Exchange and outside of an

9 Exchange.

10 ‘‘(B) CONSIDERATION IN OPENING EX11

CHANGE.—In determining under section

12 1312(f)(2)(B) of the Patient Protection and Af13

fordable Care Act whether to offer qualified

14 health plans in the large group market through

15 an Exchange, the State shall take into account

16 any excess of premium growth outside of the Ex17

change as compared to the rate of such growth

18 inside the Exchange.

19 ‘‘(c) GRANTS IN SUPPORT OF PROCESS.—

20 ‘‘(1) PREMIUM REVIEW GRANTS DURING 2010

21 THROUGH 2014.—The Secretary shall carry out a pro22

gram to award grants to States during the 5-year pe23

riod beginning with fiscal year 2010 to assist such

24 States in carrying out subsection (a), including—

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1 ‘‘(A) in reviewing and, if appropriate under

2 State law, approving premium increases for

3 health insurance coverage; and

4 ‘‘(B) in providing information and rec5

ommendations to the Secretary under subsection

 

It is the Secretary who will be deciding what our premiums will be! It would be interesting to glean full disclosure of what insurance program she is covered by and what she pays in monthly premiums. If she is going to mandate all this, then we have a right to know.

 

SEC. 1101. IMMEDIATE ACCESS TO INSURANCE FOR UNIN4

SURED INDIVIDUALS WITH A PREEXISTING

5 CONDITION.

6 (a) IN GENERAL.—Not later than 90 days after the

7 date of enactment of this Act, the Secretary shall establish

8 a temporary high risk health insurance pool program to

9 provide health insurance coverage for eligible individuals

10 during the period beginning on the date on which such pro11

gram is established and ending on January 1, 2014.

12 (b) ADMINISTRATION.—

13 (1) IN GENERAL.—The Secretary may carry out

14 the program under this section directly or through

15 contracts to eligible entities.

16 (2) ELIGIBLE ENTITIES.—To be eligible for a

17 contract under paragraph (1), an entity shall—

18 (A) be a State or nonprofit private entity;

19 (B) submit to the Secretary an application

20 at such time, in such manner, and containing

21 such information as the Secretary may require;

22 and

23 (C) agree to utilize contract funding to es24

tablish and administer a qualified high risk pool

25 for eligible individuals.

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1 (3) MAINTENANCE OF EFFORT.—To be eligible to

2 enter into a contract with the Secretary under this

3 subsection, a State shall agree not to reduce the an4

nual amount the State expended for the operation of

5 one or more State high risk pools during the year pre6

ceding the year in which such contract is entered into.

7 (c) QUALIFIED HIGH RISK POOL.—

8 (1) IN GENERAL.—Amounts made available

9 under this section shall be used to establish a quali10

fied high risk pool that meets the requirements of

11 paragraph (2).

12 (2) REQUIREMENTS.—A qualified high risk pool

13 meets the requirements of this paragraph if such

14 pool—

15 (A) provides to all eligible individuals

16 health insurance coverage that does not impose

17 any preexisting condition exclusion with respect

18 to such coverage;

19 (B) provides health insurance coverage—

20 (i) in which the issuer’s share of the

21 total allowed costs of benefits provided

22 under such coverage is not less than 65 per23

cent of such costs; and

24 (ii) that has an out of pocket limit not

25 greater than the applicable amount de-

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1 scribed in section 223(c)(2) of the Internal

2 Revenue Code of 1986 for the year involved,

3 except that the Secretary may modify such

4 limit if necessary to ensure the pool meets

5 the actuarial value limit under clause (i);

6 (C) ensures that with respect to the pre7

mium rate charged for health insurance coverage

8 offered to eligible individuals through the high

9 risk pool, such rate shall—

10 (i) except as provided in clause (ii),

11 vary only as provided for under section

12 2701 of the Public Health Service Act (as

13 amended by this Act and notwithstanding

14 the date on which such amendments take ef15

fect);

16 (ii) vary on the basis of age by a factor

17 of not greater than 4 to 1; and

18 (iii) be established at a standard rate

19 for a standard population; and

20 (D) meets any other requirements deter21

mined appropriate by the Secretary.

22 (d) ELIGIBLE INDIVIDUAL.—An individual shall be

23 deemed to be an eligible individual for purposes of this sec24

tion if such individual—

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1 (1) is a citizen or national of the United States

2 or is lawfully present in the United States (as deter3

mined in accordance with section 1411);

4 (2) has not been covered under creditable cov5

erage (as defined in section 2701(c)(1) of the Public

6 Health Service Act as in effect on the date of enact7

ment of this Act) during the 6-month period prior to

8 the date on which such individual is applying for

9 coverage through the high risk pool; and

10 (3) has a pre-existing condition, as determined

11 in a manner consistent with guidance issued by the

12 Secretary.

 

If I read this correctly, there is no mention of what my premium will be, and yes, I have a pre-existing condition. Also, it seems that this set of rules ends January 1, 2014. What happens after that? Every insurance agent I have spoken with has told me that if, for some strange reason, I could find a policy that would cover me even with exclusions, it will be extremely expensive.

 

(3) TERMINATION OF AUTHORITY.—

8 (A) IN GENERAL.—Except as provided in

9 subparagraph (B), coverage of eligible individ10

uals under a high risk pool in a State shall ter11

minate on January 1, 2014.

12 (B) TRANSITION TO EXCHANGE.—The Sec13

retary shall develop procedures to provide for the

14 transition of eligible individuals enrolled in

15 health insurance coverage offered through a high

16 risk pool established under this section into

17 qualified health plans offered through an Ex18

change. Such procedures shall ensure that there

19 is no lapse in coverage with respect to the indi20

vidual and may extend coverage after the termi21

nation of the risk pool involved, if the Secretary

22 determines necessary to avoid such a lapse.

23 (4) LIMITATIONS.—The Secretary has the au24

thority to stop taking applications for participation

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1 in the program under this section to comply with the

2 funding limitation provided for in paragraph (1).

 

Yep, there it is in black and white. The Secretary deems the number of enrollees in the government “High Risk Pool” and this pool coverage plan does not have to accept me. What happens if I am not accepted? It doesn’t really explain that! The way I read this bill so far, if I’m not covered, I get fined; even if no coverage is made available to me at any cost. Transition into an eligible plan offered by private insurance company is all smoke. I have not spoken with a single insurance company that will accept me; period. This is written in a way that would lead someone to think that the government will be forcing insurance providers to accept high risk enrollees at a normal rate. Common sense would tell you that this will never happen.

 

‘‘(i) ELIGIBILITY FOR A HEALTH PLAN

20 AND HEALTH CLAIM STATUS.—The set of

21 operating rules for eligibility for a health

22 plan and health claim status transactions

23 shall be adopted not later than July 1,

24 2011, in a manner ensuring that such oper25

ating rules are effective not later than Jan-

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1 uary 1, 2013, and may allow for the use of

2 a machine readable identification card.

3 ‘‘(ii) ELECTRONIC FUNDS TRANSFERS

4 AND HEALTH CARE PAYMENT AND REMIT5

TANCE ADVICE.—The set of operating rules

6 for electronic funds transfers and health

7 care payment and remittance advice trans8

actions shall—

9 ‘‘(I) allow for automated rec10

onciliation of the electronic payment

11 with the remittance advice; and

12 ‘‘(II) be adopted not later than

13 July 1, 2012, in a manner ensuring

14 that such operating rules are effective

15 not later than January 1, 2014.

 

I am going to cordially invite anyone to explain, to me, what this section is means. Electronic funds transfer and a National health I.D. Card? It is my belief that this section will be taken way too far and exploitation should be expected. This text is very disturbing as I do not like the idea of automatic payments to any entity, much less the federal government.

 

(2) ELECTRONIC FUNDS TRANSFER.—The Sec6

retary shall promulgate a final rule to establish a

7 standard for electronic funds transfers (as described

8 in section 1173(a)(2)(J) of the Social Security Act, as

9 added by subsection (b)(2)(A)). The Secretary may do

10 so on an interim final basis and shall adopt such

11 standard not later than January 1, 2012, in a man12

ner ensuring that such standard is effective not later

13 than January 1, 2014.

 

More concerning the “Electronic Funds Transfer” ! Everyone needs to pay attention. This may not seem like an issue now, but it will be. I don’t know of one person I have ever met that would cherish the idea of the government tapping their checking account automatically for something the government forced upon them in the first place. If given enough time, an auto pay system will be implemented and that payment, fine, interest or penalty will be deducted from your personal account “Electronically”. What happens if you don’t have the funds at the time of deduction? Will the government cover all the NSF charges they created?

 

1 (d) EXPANSION OF ELECTRONIC TRANSACTIONS IN

2 MEDICARE.—Section 1862(a) of the Social Security Act (42

3 U.S.C. 1395y(a)) is amended—

4 (1) in paragraph (23), by striking the ‘‘or’’ at

5 the end;

6 (2) in paragraph (24), by striking the period

7 and inserting ‘‘; or’’; and

8 (3) by inserting after paragraph (24) the fol9

lowing new paragraph:

10 ‘‘(25) not later than January 1, 2014, for which

11 the payment is other than by electronic funds transfer

12 (EFT) or an electronic remittance in a form as speci13

fied in ASC X12 835 Health Care Payment and Re14

mittance Advice or subsequent standard.’’.

 

Weird, there it is again…….This is beginning to make me feel very uncomfortable. 

 

‘‘SEC. 2701. FAIR HEALTH INSURANCE PREMIUMS.

22 ‘‘(a) PROHIBITING DISCRIMINATORY PREMIUM

23 RATES.—

24 ‘‘(1) IN GENERAL.—With respect to the premium

25 rate charged by a health insurance issuer for health

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1 insurance coverage offered in the individual or small

2 group market—

3 ‘‘(A) such rate shall vary with respect to the

4 particular plan or coverage involved only by—

5 ‘‘(i) whether such plan or coverage cov6

ers an individual or family;

7 ‘‘(ii) rating area, as established in ac8

cordance with paragraph (2);

9 ‘‘(iii) age, except that such rate shall

10 not vary by more than 3 to 1 for adults

11 (consistent with section 2707(c)); and

12 ‘‘(iv) tobacco use, except that such rate

13 shall not vary by more than 1.5 to 1; and

14 ‘‘(B) such rate shall not vary with respect

15 to the particular plan or coverage involved by

16 any other factor not described in subparagraph

17 (A)

 

Now I get it! This must be where it is mandated by law that I should receive a fair and just insurance premium value. I feel better; not! Why would anyone believe that the insurance companies would not find a good reason the raise premiums to cover this (pass the extra cost down to the end user). Refer to the letter I received from my insurance company. Premiums are going up!

 

‘‘SEC. 2705. PROHIBITING DISCRIMINATION AGAINST INDI8

VIDUAL PARTICIPANTS AND BENEFICIARIES

9 BASED ON HEALTH STATUS.

10 ‘‘(a) IN GENERAL.—A group health plan and a health

11 insurance issuer offering group or individual health insur12

ance coverage may not establish rules for eligibility (includ13

ing continued eligibility) of any individual to enroll under

14 the terms of the plan or coverage based on any of the fol15

lowing health status-related factors in relation to the indi16

vidual or a dependent of the individual:

17 ‘‘(1) Health status.

18 ‘‘(2) Medical condition (including both physical

19 and mental illnesses).

20 ‘‘(3) Claims experience.

21 ‘‘(4) Receipt of health care.

22 ‘‘(5) Medical history.

23 ‘‘(6) Genetic information.

24 ‘‘(7) Evidence of insurability (including condi25

tions arising out of acts of domestic violence).

26 ‘‘(8) Disability.

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1 ‘‘(9) Any other health status-related factor deter2

mined appropriate by the Secretary.

 

This is awesome…..except it still hasn’t mentioned how the Secretary plans to hold my premium down to a level I can afford or if I can get coverage at all. If I read this correctly, everyone gets coverage, but at what cost? Who do they think they are kidding? A forced acceptance of an enrollee will lead to much higher premiums; at least for those fortunate individuals who actually pay for their own insurance. Someone will have to make up the difference and it will not be the people who receive free health care!

 

SEC. 1302. ESSENTIAL HEALTH BENEFITS REQUIREMENTS.

18 (a) ESSENTIAL HEALTH BENEFITS PACKAGE.—In

19 this title, the term ‘‘essential health benefits package’’

20 means, with respect to any health plan, coverage that—

21 (1) provides for the essential health benefits de22

fined by the Secretary under subsection (b);

23 (2) limits cost-sharing for such coverage in ac24

cordance with subsection (c); and

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1 (3) subject to subsection (e), provides either the

2 bronze, silver, gold, or platinum level of coverage de3

scribed in subsection (d).

4 (b) ESSENTIAL HEALTH BENEFITS.—

5 (1) IN GENERAL.—Subject to paragraph (2), the

6 Secretary shall define the essential health benefits, ex7

cept that such benefits shall include at least the fol8

lowing general categories and the items and services

9 covered within the categories:

10 (A) Ambulatory patient services.

11 (B) Emergency services.

12 (C) Hospitalization.

13 (D) Maternity and newborn care.

14 (E) Mental health and substance use dis15

order services, including behavioral health treat16

ment.

17 (F) Prescription drugs.

18 (G) Rehabilitative and habilitative services

19 and devices.

20 (H) Laboratory services.

21 (I) Preventive and wellness services and

22 chronic disease management.