Posts Tagged ‘ObamaCare’

“Not Our Job”

Friday, June 29th, 2012

Clayton Cramer, among others, points out this passage in the NFIB v. Sebelius decision:

Members of this Court are vested with the authority to interpret the law; we possess neither the expertise nor the prerogative to make policy judgments. Those decisions are entrusted to our Nation’s elected leaders, who can be thrown out of office if the people disagree with them. It is not our job to protect the people from the consequences of their political choices.

I disagree with what I understand of the Court’s logic, but this really is the key point in the entire business.

“We, the People,” it says here; and if we don’t do our job, we deserve what ever we get.


Randy Barnett explains the point about as clearly as can be done.

“Chief Justice Roberts rewrote the (health care) statute to change this from a requirement, or mandate, to an option to buy insurance or pay a penalty,” Barnett explained. “This is far less dangerous than had the mandate been upheld under the commerce power. Because a Commerce Clause regulation could be upheld up to and including imprisonment as drug laws are, but this power is limited to paying a tax (for those who pay taxes) and can be as politically toxic as taxes are.”

I asked him whether a future Congress could just repeat what we saw in this instance – call a mandate a penalty for the purposes of passing the bill, then switch around and call it a tax in court.

“That is never going to happen again,” he insisted. “No one is ever going to fall for that again…The findings in the (health care) bill were Commerce Clause. The findings in the next bill will have to be taxing power.”

Warning: See comments there. The situation is still dangerous.

Sayeth the Sages:

Between honorable men, no contract is necessary. Between dishonorable men, no contract will suffice.

QotD: “Governments Redistribute Poverty, Not Wealth”

Tuesday, July 20th, 2010

Doc Zero write, “Value is Knowledge“:

there is very little feedback from the free market to the State. The State conjures deficit money from thin air, and believes itself capable of sustaining unlimited losses in the service of a “just cause.” Ideology is pursued in defiance of cost and benefit analysis. Politicians rarely suffer personal consequences for disastrous economic decisions. In fact, they have a good chance of manipulating such disasters into golden opportunities to acquire more power for themselves.

The State is exceptionally poor at analyzing the true value of anything. The lens of ideology is filled with clouds of hatred, occasionally sundered by blinding flashes of righteousness. The actual value of health care and medical insurance was almost completely invisible to the architects of ObamaCare.

The great lesson of socialism will be repeated one more time, as it has played out around the world, without exception: governments redistribute poverty, not wealth. Some people will find ways to make money in the dreary twilight of an economy where the light of knowledge through value has been blotted out. You probably won’t be one of them.

And this:

The masterminds behind ObamaCare will quietly relish the collapse of the private health insurance industry, which was one of their primary objectives all along.

It’s crucial to understand that this is their objective because they believe the marketplace is inherently evil. They think they’re doing the right thing, that they are making the world a better place.

They believe that wealth is money, gold, wampum. Beads and trinkets.

Doc has it right: what has real value is information. “Information wants to be free,” yes, but socialists believe that the government can own all the information, and hand it out in equal little chunks out to everybody. They don’t understand that different people in different situations place different value on a given piece of information.

Obamacare Rescues Us From Those Evil, Lazy, No-Goodnik Doctors!

Sunday, June 6th, 2010

Praise be!

Obama’s InJustice Department orders doctors to accept federal price fixing, or go to jail for private price fixing.

And no whining amongst themselves, either. That would be conspiracy.

So, it’s ok for SEIU or Teacher’s Unions or any other labor entity to strike, threaten to strike, or get the Obama government to do their dirty work (take over GM, toss investors to the curb and hand over an equity share to the Union), but if a doctor says “hey, I’m not going to accept any more Medicare/Workers Comp/Blue Cross patients” that doctor is engaging in criminal behavior and, by golly, Barry will have none of it!

Oh, yeah. Take out student loans of $100,000 or more to become a doctor and become a second-class citizen.

Yeah, that’s going improve both the quantity and quality of future physicians.

I have to wonder: is BO’s plan to make it illegal for doctors to retire, or is he just trying to drive medical care into back alleys?

Health Jobs Act

Friday, March 26th, 2010

Here’s a nice list of Offices, Grants, Programs, Committees, Exchanges, Boards, Projects, Groups, Working Groups, Centers, Councils, Systems, Task Forces, Allotments, Commissions, Cooperatives, Corridors (What the hell is a “corridor”?), Boards of Governors, Institutes, Organizations, Panels, Tracks, Teams, Surveys, Services, Funds, Plans, Networks, Network Review Boards, Tribes, and numerous combinations and permutations thereof, created by the Obamacare Act. One hundred and fifty nine of them.

Updated with a few of my favorites in bold, and comments.

1. Grant program for consumer assistance offices (Section 1002, p. 37)
2. Grant program for states to monitor premium increases (Section 1003, p. 42)
3. Committee to review administrative simplification standards (Section 1104, p. 71)

Oh, I just love that one. Talk about irony.

4. Demonstration program for state wellness programs (Section 1201, p. 93)
5. Grant program to establish state Exchanges (Section 1311(a), p. 130)
6. State American Health Benefit Exchanges (Section 1311(b), p. 131)
7. Exchange grants to establish consumer navigator programs (Section 1311(i), p. 150)
8. Grant program for state cooperatives (Section 1322, p. 169)
9. Advisory board for state cooperatives (Section 1322(b)(3), p. 173)
10. Private purchasing council for state cooperatives (Section 1322(d), p. 177)
11. State basic health plan programs (Section 1331, p. 201)
12. State-based reinsurance program (Section 1341, p. 226)
13. Program of risk corridors for individual and small group markets (Section 1342, p. 233)
14. Program to determine eligibility for Exchange participation (Section 1411, p. 267)
15. Program for advance determination of tax credit eligibility (Section 1412, p. 288)
16. Grant program to implement health IT enrollment standards (Section 1561, p. 370)
17. Federal Coordinated Health Care Office for dual eligible beneficiaries (Section 2602, p. 512)
18. Medicaid quality measurement program (Section 2701, p. 518)
19. Medicaid health home program for people with chronic conditions, and grants for planning same (Section 2703, p. 524)
20. Medicaid demonstration project to evaluate bundled payments (Section 2704, p. 532)
21. Medicaid demonstration project for global payment system (Section 2705, p. 536)
22. Medicaid demonstration project for accountable care organizations (Section 2706, p. 538)
23. Medicaid demonstration project for emergency psychiatric care (Section 2707, p. 540)
24. Grant program for delivery of services to individuals with postpartum depression (Section 2952(b), p. 591)

Guys? A big no-go on “delivery” of just about anything to individuals suffering from “postpartum” just about anything.

Also, I think you’ll find that a fairly large majority of these “individuals” are, in fact, women. As a uterus-challenged individual, my feelings are hurt, and I demand equal treatment.

Any alleged female involved in formulating this language needs to have its uterus license revoked.

25. State allotments for grants to promote personal responsibility education programs (Section 2953, p. 596)

Formerly known as “real life”.

26. Medicare value-based purchasing program (Section 3001(a), p. 613)
27. Medicare value-based purchasing demonstration program for critical access hospitals (Section 3001(b), p. 637)
28. Medicare value-based purchasing program for skilled nursing facilities (Section 3006(a), p. 666)
29. Medicare value-based purchasing program for home health agencies (Section 3006(b), p. 668)
30. Interagency Working Group on Health Care Quality (Section 3012, p. 688)
31. Grant program to develop health care quality measures (Section 3013, p. 693)
32. Center for Medicare and Medicaid Innovation (Section 3021, p. 712)
33. Medicare shared savings program (Section 3022, p. 728)
34. Medicare pilot program on payment bundling (Section 3023, p. 739)
35. Independence at home medical practice demonstration program (Section 3024, p. 752)
36. Program for use of patient safety organizations to reduce hospital readmission rates (Section 3025(b), p. 775)
37. Community-based care transitions program (Section 3026, p. 776)
38. Demonstration project for payment of complex diagnostic laboratory tests (Section 3113, p. 800)
39. Medicare hospice concurrent care demonstration project (Section 3140, p. 850)
40. Independent Payment Advisory Board (Section 3403, p. 982)

My vote for “Most Likely Death Panel Larval Stage”

41. Consumer Advisory Council for Independent Payment Advisory Board (Section 3403, p. 1027)

An “advisory council” for an “advisory board”?

42. Grant program for technical assistance to providers implementing health quality practices (Section 3501, p. 1043)
43. Grant program to establish interdisciplinary health teams (Section 3502, p. 1048)
44. Grant program to implement medication therapy management (Section 3503, p. 1055)
45. Grant program to support emergency care pilot programs (Section 3504, p. 1061)
46. Grant program to promote universal access to trauma services (Section 3505(b), p. 1081)
47. Grant program to develop and promote shared decision-making aids (Section 3506, p. 1088)
48. Grant program to support implementation of shared decision-making (Section 3506, p. 1091)
49. Grant program to integrate quality improvement in clinical education (Section 3508, p. 1095)
50. Health and Human Services Coordinating Committee on Women’s Health (Section 3509(a), p. 1098)
51. Centers for Disease Control Office of Women’s Health (Section 3509(b), p. 1102)
52. Agency for Healthcare Research and Quality Office of Women’s Health (Section 3509(e), p. 1105)
53. Health Resources and Services Administration Office of Women’s Health (Section 3509(f), p. 1106)
54. Food and Drug Administration Office of Women’s Health (Section 3509(g), p. 1109)

Interestingly, I see no programs for men’s health.

55. National Prevention, Health Promotion, and Public Health Council (Section 4001, p. 1114)

So, um, we’re going to develop a vaccine that prevents Nationalism?

56. Advisory Group on Prevention, Health Promotion, and Integrative and Public Health (Section 4001(f), p. 1117)

What does that mean? I can guess, but…

57. Prevention and Public Health Fund (Section 4002, p. 1121)
58. Community Preventive Services Task Force (Section 4003(b), p. 1126)
59. Grant program to support school-based health centers (Section 4101, p. 1135)
60. Grant program to promote research-based dental caries disease management (Section 4102, p. 1147)
61. Grant program for States to prevent chronic disease in Medicaid beneficiaries (Section 4108, p. 1174)
62. Community transformation grants (Section 4201, p. 1182)
63. Grant program to provide public health interventions (Section 4202, p. 1188)
64. Demonstration program of grants to improve child immunization rates (Section 4204(b), p. 1200)
65. Pilot program for risk-factor assessments provided through community health centers (Section 4206, p. 1215)
66. Grant program to increase epidemiology and laboratory capacity (Section 4304, p. 1233)
67. Interagency Pain Research Coordinating Committee (Section 4305, p. 1238)

a.k.a. Citizen Compliance Committee.

Seriously, though, this committee is toothless as long as the DEA gets to tell doctors how much pain medication they can prescribe.

68. National Health Care Workforce Commission (Section 5101, p. 1256)
69. Grant program to plan health care workforce development activities (Section 5102(c), p. 1275)
70. Grant program to implement health care workforce development activities (Section 5102(d), p. 1279)

“Program to plan” and “Program to implement”.

Formerly known as “working wages” or even “profit”.

“Development activities”. Blech.

71. Pediatric specialty loan repayment program (Section 5203, p. 1295)
72. Public Health Workforce Loan Repayment Program (Section 5204, p. 1300)
73. Allied Health Loan Forgiveness Program (Section 5205, p. 1305)
74. Grant program to provide mid-career training for health professionals (Section 5206, p. 1307)
75. Grant program to fund nurse-managed health clinics (Section 5208, p. 1310)
76. Grant program to support primary care training programs (Section 5301, p. 1315)
77. Grant program to fund training for direct care workers (Section 5302, p. 1322)
78. Grant program to develop dental training programs (Section 5303, p. 1325)
79. Demonstration program to increase access to dental health care in underserved communities (Section 5304, p. 1331)
80. Grant program to promote geriatric education centers (Section 5305, p. 1334)
81. Grant program to promote health professionals entering geriatrics (Section 5305, p. 1339)
82. Grant program to promote training in mental and behavioral health (Section 5306, p. 1344)
83. Grant program to promote nurse retention programs (Section 5309, p. 1354)
84. Student loan forgiveness for nursing school faculty (Section 5311(b), p. 1360)
85. Grant program to promote positive health behaviors and outcomes (Section 5313, p. 1364)
86. Public Health Sciences Track for medical students (Section 5315, p. 1372)
87. Primary Care Extension Program to educate providers (Section 5405, p. 1404)
88. Grant program for demonstration projects to address health workforce shortage needs (Section 5507, p. 1442)
89. Grant program for demonstration projects to develop training programs for home health aides (Section 5507, p. 1447)
90. Grant program to establish new primary care residency programs (Section 5508(a), p. 1458)
91. Program of payments to teaching health centers that sponsor medical residency training (Section 5508(c), p. 1462)
92. Graduate nurse education demonstration program (Section 5509, p. 1472)
93. Grant program to establish demonstration projects for community-based mental health settings (Section 5604, p. 1486)
94. Commission on Key National Indicators (Section 5605, p. 1489)
95. Quality assurance and performance improvement program for skilled nursing facilities (Section 6102, p. 1554)
96. Special focus facility program for skilled nursing facilities (Section 6103(a)(3), p. 1561)
97. Special focus facility program for nursing facilities (Section 6103(b)(3), p. 1568)
98. National independent monitor pilot program for skilled nursing facilities and nursing facilities (Section 6112, p. 1589)
99. Demonstration projects for nursing facilities involved in the culture change movement (Section 6114, p. 1597)
100. Patient-Centered Outcomes Research Institute (Section 6301, p. 1619)
101. Standing methodology committee for Patient-Centered Outcomes Research Institute (Section 6301, p. 1629)

Badly needed, and therefore toothless, because every thing else here is Bureaucrat Centered.

102. Board of Governors for Patient-Centered Outcomes Research Institute (Section 6301, p. 1638)
103. Patient-Centered Outcomes Research Trust Fund (Section 6301(e), p. 1656)
104. Elder Justice Coordinating Council (Section 6703, p. 1773)

“You are charged with 26 counts of Being Old, one for each birthday beyond your thirtieth. How do you plead?”

105. Advisory Board on Elder Abuse, Neglect, and Exploitation (Section 6703, p. 1776)
106. Grant program to create elder abuse forensic centers (Section 6703, p. 1783)
107. Grant program to promote continuing education for long-term care staffers (Section 6703, p. 1787)
108. Grant program to improve management practices and training (Section 6703, p. 1788)
109. Grant program to subsidize costs of electronic health records (Section 6703, p. 1791)
110. Grant program to promote adult protective services (Section 6703, p. 1796)

Because child protective services do such a great job. Working together, these agencies can rip families apart from both ends.

111. Grant program to conduct elder abuse detection and prevention (Section 6703, p. 1798)
112. Grant program to support long-term care ombudsmen (Section 6703, p. 1800)
113. National Training Institute for long-term care surveyors (Section 6703, p. 1806)
114. Grant program to fund State surveys of long-term care residences (Section 6703, p. 1809)
115. CLASS Independence Fund (Section 8002, p. 1926)
116. CLASS Independence Fund Board of Trustees (Section 8002, p. 1927)
117. CLASS Independence Advisory Council (Section 8002, p. 1931)
118. Personal Care Attendants Workforce Advisory Panel (Section 8002(c), p. 1938)
119. Multi-state health plans offered by Office of Personnel Management (Section 10104(p), p. 2086)
120. Advisory board for multi-state health plans (Section 10104(p), p. 2094)
121. Pregnancy Assistance Fund (Section 10212, p. 2164)
122. Value-based purchasing program for ambulatory surgical centers (Section 10301, p. 2176)
123. Demonstration project for payment adjustments to home health services (Section 10315, p. 2200)
124. Pilot program for care of individuals in environmental emergency declaration areas (Section 10323, p. 2223)
125. Grant program to screen at-risk individuals for environmental health conditions (Section 10323(b), p. 2231)
126. Pilot programs to implement value-based purchasing (Section 10326, p. 2242)
127. Grant program to support community-based collaborative care networks (Section 10333, p. 2265)
128. Centers for Disease Control Office of Minority Health (Section 10334, p. 2272)
129. Health Resources and Services Administration Office of Minority Health (Section 10334, p. 2272)
130. Substance Abuse and Mental Health Services Administration Office of Minority Health (Section 10334, p. 2272)
131. Agency for Healthcare Research and Quality Office of Minority Health (Section 10334, p. 2272)
132. Food and Drug Administration Office of Minority Health (Section 10334, p. 2272)
133. Centers for Medicare and Medicaid Services Office of Minority Health (Section 10334, p. 2272)
134. Grant program to promote small business wellness programs (Section 10408, p. 2285)
135. Cures Acceleration Network (Section 10409, p. 2289)
136. Cures Acceleration Network Review Board (Section 10409, p. 2291)
137. Grant program for Cures Acceleration Network (Section 10409, p. 2297)
138. Grant program to promote centers of excellence for depression (Section 10410, p. 2304)

Because, dammit, this is America! We will lead the world in Depression Excellence!

[wraps arms around head]

Seriously? You folks seriously want twits who write like this to tell your doctor how he should treat you?

139. Advisory committee for young women’s breast health awareness education campaign (Section 10413, p. 2322)

a.k.a. “The Boob Police”. This is one program which, I am sure, will not lack for volunteer inspectors. I cannot wait to see the school nurse and guidance office pamphlets.

At Q&O, Dan comments, ” I’m willing use a hands-on approach if necessary.” Aren’t we all, Dan, aren’t we all?

140. Grant program to provide assistance to provide information to young women with breast cancer (Section 10413, p. 2326)
141. Interagency Access to Health Care in Alaska Task Force (Section 10501, p. 2329)

a.k.a. “Palin Revenge Task Force”

142. Grant program to train nurse practitioners as primary care providers (Section 10501(e), p. 2332)
143. Grant program for community-based diabetes prevention (Section 10501(g), p. 2337)

a.k.a. “Sugar Police”

144. Grant program for providers who treat a high percentage of medically underserved populations (Section 10501(k), p. 2343)
145. Grant program to recruit students to practice in underserved communities (Section 10501(l), p. 2344)
146. Community Health Center Fund (Section 10503, p. 2355)
147. Demonstration project to provide access to health care for the uninsured at reduced fees (Section 10504, p. 2357)
148. Demonstration program to explore alternatives to tort litigation (Section 10607, p. 2369)
149. Indian Health demonstration program for chronic shortages of health professionals (S. 1790, Section 112, p. 24)*
150. Office of Indian Men’s Health (S. 1790, Section 136, p. 71)*
151. Indian Country modular component facilities demonstration program (S. 1790, Section 146, p. 108)*
152. Indian mobile health stations demonstration program (S. 1790, Section 147, p. 111)*
153. Office of Direct Service Tribes (S. 1790, Section 172, p. 151)*

You probably thought I was joking about the tribes. But there it is. What the heck is a “Direct Service Tribe”? Why do they need an office?

Who writes this crap?

154. Indian Health Service mental health technician training program (S. 1790, Section 181, p. 173)*
155. Indian Health Service program for treatment of child sexual abuse victims (S. 1790, Section 181, p. 192)*
156. Indian Health Service program for treatment of domestic violence and sexual abuse (S. 1790, Section 181, p. 194)*
157. Indian youth telemental health demonstration project (S. 1790, Section 181, p. 204)*
158. Indian youth life skills demonstration project (S. 1790, Section 181, p. 220)*
159. Indian Health Service Director of HIV/AIDS Prevention and Treatment (S. 1790, Section 199B, p. 258)*
[*Section 10221, page 2173 of H.R. 3590 deems that S. 1790 shall be deemed as passed with certain amendments.]

No death panels as such, but are you really so gullible you believe that none of these bureaucratic assholes are not, at some point, going to decide that they know better than you or your doctor how much your continued existence is worth, especially since you will be spending their budget, not yours? (Their budget, but your money, robbed at gunpoint.) You really don’t know a damned thing about how bureaucrats think, do you?

Requiring Economic Activity

Thursday, March 25th, 2010

This excellent Wall Street Journal article discusses why the “individual mandate”, which requires citizens to purchase government approved life insurance, is likely unconstitutional. It falls under neither Wickard nor Reich, and cannot even be compared to state auto insurance mandates.

The Wickard discussion was particularly enlightening to me. I’ve never understood the core logic, and although I still disagree with the underlying principle that local commerce affects interstate commerce, I see how the Court applies its reasoning.

Very readable, and absolutely devastating.

Whip Of The Day: Exit Interview

Thursday, March 25th, 2010

Transterrestrial to David Frum:

Don’t Let The Door Hit You In Where Your Head Is.”

More info, if you’re interested, here.

I don’t care, I just like the line.


Then there this exchange in comments to Sindberg’s post of this video of Congressman Weiner weaseling over whether or not the IRS is effectively the enforcement arm for collecting individual “contributions” to the new federal health care plan (answer: yes, of course, you lying Democratic wiener.)

Rep. Weiner would make a perfect character in a 1984 remake.

You’re soaking in it! — Madge, the Palmolive Lady

Lying Liar

Monday, March 22nd, 2010

Neo-neocon seethes:

There’s something about the quality of Obama’s lies that is especially galling. They are not just ordinary lies, but outrageous inversions of the truth, almost a mockery of the truth.

Take a look at the following selections from his victory speech last night and you’ll see what I mean (my interpolations are in brackets):

Tonight’s vote is not a victory for any one party.

[This is said of the most partisan bill in history. It garnered not a single Republican vote and not even all of the Democrat votes. Thirty-four of the latter were given permission to vote “no” in an attempt to save their own butts in 2010.]

It’s a victory for the American people.

[This said of a bill that was opposed by over half and as much as two-thirds of said American people, depending on the polls. I bet most of them don’t feel all that victorious right now.]

And it’s a victory for common sense.

[This said of a bill that is unbelievably Byzantine, fails to incorporate obvious fixes such as tort reform and portability of private insurance, and violates the common sense knowledge that there is no free lunch by hiding its true costs in accounting tricks and games.]

Neo, I’m sorry, but I just couldn’t find a good place to cut, so I swiped the whole thing. Folks, go poke around on Neo’s site; most of what she writes is at least this clear and on point.

Walking Tall

Monday, March 22nd, 2010

Wow, the Interwebs are on fire today. Are you listening, Commie Demoncrats? You have crossed the line, and we are coming for you.

Oh, yes, we can.

you know what? Fuck that.

We are AMERICANS goddamnit. We are the posterity of Patrick Henry, Chuck Yeager, Carlos Hathcock, George Patton, Daniel Boone, Buzz Aldrin, Chesty Puller, John McClane, Frank Fletcher, Thomas Edison and George Washington and countless other hardass shitkickers who stared down tougher opponents than Nanci Pelosi. Repealing this half-assed bullshit bill is going to be damn near impossible, but #DEITY put Americans on earth to do the impossible. Get a dozen guys to the moon and bring them back in one piece? Done. Build a car everyone can afford when the rest of the world is relying on animal power? Easy. Get a fucked-up aircraft carrier back in action in 3 days instead of 3 months, so it can win the most improbable victory of the West? You betcha. Build a horrific nuclear arsenal in order to never have to use it? Been doing that for half a century, son. Personal computers for everyone, network them all together, and then make them pocket sized? You’re welcome! Do heart surgery by going in through your goddamned leg, so we can avoid cracking your chest open? Yeah, we invented that too.

Read it all. There’s not much more, but the last few scraps on the plate are delicious.

Fight

Monday, March 22nd, 2010

daybyday032210

Meanwhile, over at Little Green Footballs:
Violence-LGF-ZZ7DA79D4C

Tea Partiers Threatening Violence? Where?
Wingnuts | Sun, Mar 21, 2010 at 10:16:00 am PDT

Right here. These signs were at yesterday’s sparsely attended demonstration in Washington DC.

And yes, that’s Barack Obama with a Hitler mustache emerging from a donkey’s ass.

This took me aback when I saw it, but…yes. Damn right. If we can’t get them to listen any other way, that’s what’s necessary.

This is why we have a Second Amendment, folks. It’s not about shooting Bambi or paper targets. It’s only marginally about crack heads.

It’s about fighting official tyranny. And tyranny is on the march. Never doubt it.

After all those years of seeing how Bush was treated by socialist protesters, I am totally immune to seeing a mustachioed Obama coming out of a donkey’s ass. Sauce for the goose, sort of thing.

Update:
Oh, yeah: “Sparsely Attended”?

LOLObamacats

Monday, March 22nd, 2010

Obamacare: like asking your cat to do you favors.
funny-pictures-cats-deny-request