Healthcare Bill Point-by-Point

I started reading the House version of the Healthcare bill after seeing this “summary” come over email and Facebook from two totally different sources, supposedly a “good friend” that someone “trusts”. I have attempted to respond point by point to the summary, though it is difficult in places because the writer of the summary totally misconstrued almost everything, either out of the inability to read a statute or the intent to mislead. At any rate, there are more rational criticisms that can be made about the bill, especially from a budgetary standpoint, so I don’t understand the need for people on the right to use such half-wit scare tactics.

The “summary” is as follows, interspersed with my responses in ALL CAPS:

Page 22: The federal government will be empowered to audit the books of any corporation that self-insures.
THIS IS NOT AN AUDIT, BUT A STUDY TO DETERMINE WHETHER THE PLAN IS CREATING ADVERSE SELECTION

Page 29, Lines 4-16: All health care will be rationed based on age, the present health of any patient and the availability of health service and supplies.

THESE ARE LIMITS ON THE AMOUNTS OF CO-PAYS AND DEDUCTIBLES THAT INSURANCE COMPANIES CAN CAUSE YOU TO PAY, NOT RATIONING OF SERVICE!

Page 30, Sections 1-3: A government committee will decide what treatments or benefits will be made available under the health care that will be provided. It will be illegal to provide any medical benefits to anyone that haven't been pre-approved by the committee.

INSURERS CAN DECIDE TO OFFER MORE; THIS JUST SETS MINIMUM STANDARDS

Page 42: A Health Choices Commissioner will be appointed by the President and will choose what health services will be provided to each patient.

BULLSHIT; THIS JUST SETS MINIMUM STANDARDS FOR INSURANCE COMPANIES

Page 50, Section 152: Healthcare will be provided to all Non-U.S. citizens within the borders of the United States, illegal or otherwise.

NOT ADDRESSED IN BILL; DON'T KNOW WHERE THIS CAME FROM

Page 58: The Health Choices Commissioner's Office will have real time access two every medical patient's financial records and all citizens will be issued and be required to have on their person at all times a National IDHealth card.
TRUE, IF DETERMINED BY HHS TO BE NECESSARY, SUBJECT TO THE RULEMAKING PROCESS, WHICH REQUIRES PUBLIC COMMENT

Page 59: (Continuation of Page 58) The Government will have direct access to all bank accounts and electronic transfer accounts of patients.

BULLSHIT; THIS JUST ALLOWS THE “PUBLIC OPTION” PLAN TO USE ELECTRONIC PAYMENT TECHNOLOGY, AND ALSO SETS UP STRICT PRIVACY AND SECURITY LIMITATIONS FOR THE DATA OBTAINED THROUGH EFT

Page 65, Section 164: Subsidization for retirees of Unions and ACORN

THIS IS A LIMITED SUBSIDY TO GROUP RETIREMENT PLANS; ACORN IS NOT MENTIONED; THIS SHOULD PROBABLY COME OUT OF THE BILL BECAUSE OF BUDGETARY CONSTRAINTS
Page 72, Lines 8-14: Brings all health care HMO and private insurance plans under government control.

ALL IT DOES IS REQUIRE PLANS PARTICIPATING IN THE HEALTHCARE EXCHANGE TO CONFORM TO FEDERAL STANDARDS

Page 84: Section 203: All benefit packages for private health care plans will be under the control of the government.

PLAINLY NOT TRUE


Page 85, Line 7: The Health Choices Commissioner will specify what benefits will be allowable under private health care plans.

JUST PROVIDING MINIMUM STANDARDS INSURANCE COMPANIES MUST FOLLOW

Page 95: Community Action Groups (ACORN and Americorps) will be authorized to sign up citizens for the Government Health Care Plan.

ACORN NOT SPECIFIED, THOUGH THERE IS PROVISION ON HOW TO ADMINISTER SIGN-UP, WHICH MAY USE CERTAIN GOVERNMENTAL (AND PERHAPS NONGOVERNMENT) ENTITIES TO ASSIST; THE BILL IS UNCLEAR ON THIS POINT

Page 102, Lines 12-18: All Medicaid eligible recipients will be automatically enrolled in Medicaid. They will have no choice.

THIS ONLY REFERS TO MEDICAID ELIGIBLE INDIVIDUALS WHO HAVE LOST OTHER COVERAGE AND NOT YET BEEN ENROLLED IN AN EXCHANGE PLAN. IT IS NOT GENERALLY APPLICABLE.

Page 124, Lines 24-25: All government suppliers and contractors are exempt from price fixing lawsuits. "Judicial Review" is prohibited.

THIS IS CORRECT

Page 126, Lines 22-25: Employers must pay for the health care for any part-time employees AND their families.

ONLY REQUIRED TO PAY A PORTION OF PREMIUM, WHICH IS NOT VERY DIFFERENT FROM CURRENT LAW

Page 127, Lines 1-16: The government will set salaries for all doctors.

BULLSHIT; IN THE PUBLIC OPTION THE GOVERNMENT WOULD NEGOTIATE SERVICE CHARGES IN THE SAME MANNER PRIVATE INSURANCE COMPANIES CURRENTLY DO

Page 145, Lines 15-17: An employee will be required to automatically enroll all employees in the public option plan. The employee will not have any choice in the matter.

NOT REQUIRED TO BE IN PUBLIC PLAN, JUST IN A HEALTHCARE PLAN GENERALLY

Page 149, Lines 16-24: Any employer with a payroll of $400,000 or more who does not provide a public option, will be required to pay the government 8% surtax on the payroll.

REQUIREMENTS ARE OFFSET BY 50% TAX CREDITS TO SMALL BUSINESSES THAT OFFER COVERAGE

Page 150, Lines 9-13: Any employer with a payroll between $251,000 and $400,000 who doesn't provide a public option will be required to pay a 6% surtax on their payroll.

SEE ABOVE

Page 179, Lines 1-3: &nbs p;Any non-resident Alien is EXEMPT from individual health care taxes.

CORRECT, BUT THEY WILL PRESUMABLY NOT BE ENROLLED BECAUSE THEY WILL NOT BE IN THE UNITED STATES. THIS JUST MEANS THEY WON'T BE CHARGED FOR SERVICES THEY DON'T GET.

Page 195: All officers and employees of the Health Care administration will have unlimited access to the financial and personal records of ALL American citizens without the necessity of a search warrant.

ACCESS DESCRIBED ON THIS PAGE IS STRICTLY LIMITED TO DETERMINATION OF ELIGIBILITY FOR TAX CREDITS; SUBJECT TO STRICT PRIVACY AND DATA SECURITY STANDARDS

Page 203, Lines 14-15: (The following is a direct quote!) "The tax imposed under this section shall not be treated as a tax." (Presumably therefore it cannot be deducted on income tax returns)

THE COMMENTER MISUNDERSTANDS HOW STATUTES ARE WRITTEN TO USE DEFINED TERMS; IT IS REFERRING BACK TO A DEFINED TERM; THE MEANING IS THAT THE TAX UNDER THAT SECTION IS EXCLUDED FROM THE EQUATION USED TO DETERMINE TAX CREDITS

Page 239, Lines 14-24: The government will reduce physician services for Medicaid, thereby rationing medical support for the poor.

THIS IS NOT SET FORTH IN THE BILL

Page 241, Lines 6-8: All doctors will be paid equally, with no regard to specialty of training required.

ONLY APPLIES TO A LIMITED LIST OF SERVICES OTHERWISE COVERED BY MEDICAID

Page 317-318, Lines 21-25: The government will be authorized to tell physicians what they can own and how much, and can audit their personal records without a warrant

NOT SURE WHERE THE WARRANT ISSUE COMES IN, BUT THIS IS ALREADY LAW (SELF-REFERRAL RULES); THIS ACTUALLY ADDS EXCEPTIONS TO THE RULES!

Page 321, Lines 2-13: Hospitals wanting to expand may appeal for an exception to the expansion rule, but community approval is required through community action agencies (ie: ACORN)

SEE ABOVE

Page 341, Lines 3-9: The government has the authority to disqualify Medicare supplemental plans, HMO, private insurance plans, etc., which will force all citizens into the government plan.

THIS IS ONLY IF THEY DON’T COMPLY WITH FEDERAL STANDARDS

Page 354, Section 1177: The government will restrict enrollment of "Special Needs" patients (ie: Downs Syndrome, Speech Therapy, handicapped, etc.)

THIS ACTUALLY STATES THAT SPECIAL NEEDS PATIENTS ARE ENTITLED TO ENTER A PLAN WITH THAT DESIGNATION AT OPEN ENROLLMENT AND ALSO UPON DIAGNOSIS; IT EXPANDS, RATHER THAN RESTRICTS, ACCESS

Page 379, Section 1191: The government will create a Telehealth Advisory Committee which will provide health advice by phone.

CORRECT, BUT WHAT IS WRONG WITH THAT?Page 425, Lines 4-12: An "Advance Planning Care Consultant" Department will be created. Think 'End of Life' for Senior Citizens.

PROVIDES SERVICES TO SENIORS WHO MIGHT NOT OTHERWISE BE ABLE TO AFFORD AN ATTORNEY TO PUT TOGETHER A LIVING WILL, HEALTHCARE PROXY, ETC.Page 425, Lines 22-25: (Page 426: Lines 1-3): The Government will provide a list of end of life resources that will guide senior citizens to their death.

SEE ABOVEPage 427, Lines 15-24: The government will mandate orders for end of lifeactions. In brief, the government will decide how life ends.
BULLSHIT. THIS PAGE TALKS ABOUT LIFE-SUSTAINING TREATMENTS AND THE RIGHT OF THE PATIENT TO GIVE DECISIONAL PROXY TO SOMEONE ELSE, NOT THE DOCTOR OR THE GOVERNMENT (WHO SO OFTEN ARE THE DEFAULT DECIDERS WHEN NO PROXY IS IN PLACE)

Page 429, Lines 1-9: An "Advance Care Planning Consultant" will be used more frequently as a patient's health deteriorates.

NOT SURE WHAT HE MEANS

Page 429, Lines 10-12: The "Advance Care Planning Consultant" will include the authority for "End of Life" plans, on an order from the government.
WRONG – THE PLAN AND ORDER ARE DEVELOPED BY THE PATIENT
Page 429, Lines 13-25: The government will specify which doctors will have the authority to sign an "End of Life" Order.

SEE ABOVE
Page 430, Lines 11-15: The government will decide what level of treatment patients will receive at the end of their lives.

WRONG – THIS PAGE TALKS ABOUT THE PATIENT’S OPTION TO SPECIFY LEVELS OF TREATMENT IN ADVANCE Page 469: Medical services and nursing for home-based patients will be provided by "Community-based organizations." (ACORN, etc.)

ACORN NOT INVOLVEDPage 472, Lines 14-17: Such community based organizations will be paid by the government once each month based on the number of patients they serve. Such organizations will not be required to employ registered or practical nursing professionals.

SEE ABOVEPage 489, Section 1308: Marriages and divorces will not be authorized unless the couple subjects themselves to marriage and family therapy.
BULLSHIT. THIS JUST STATES MEDICARE WILL COVER FAMILY THERAPY COSTS.
Page 494-498: All Mental Health Services will be provided by the governmen t including defining, creating, and rationing those services.

NOT SURE WHAT HE MEANS