Obamacare (8) - some good things?

Well, OK, I did find a couple of bright spots in an otherwise dismal piece of Socialist/Alinsky legislation.


(D) MEMBERS OF CONGRESS IN THE EXCHANGE.—
(i) REQUIREMENT.—Notwithstanding any other
provision of law, after the effective date of this subtitle,
the only health plans that the Federal Government
may make available to Members of Congress and
congressional staff with respect to their service as a
Member of Congress or congressional staff shall be
health plans that are—
(I) created under this Act (or an amendment
made by this Act); or
(II) offered through an Exchange established
under this Act (or an amendment made by this
Act).
[sauce for the goose is sauce for the gander?]
.......................................
(3) ACCESS LIMITED TO LAWFUL RESIDENTS.—If an individual
is not, or is not reasonably expected to be for the entire
period for which enrollment is sought, a citizen or national of
the United States or an alien lawfully present in the United
States, the individual shall not be treated as a qualified individual
and may not be covered under a qualified health plan
in the individual market that is offered through an Exchange...

......................................

Amnesty – why Marco Rubio is Totally Wrong

First, let us dispense with the Boston bombings. Under every conceivable variation, the brothers would be allowed to immigrate legally into the US as political refugees from Chechnya (and, no, NOT Czech). So there.

Factoid #1

For most of our history, there was no such thing as an illegal immigrant. Chinese, Italians, and Irish workers came to our shores in virtually unlimited numbers. True, you were processed through Angel Island or Ellis Island, but this was mainly to weed out disease.

Factoid #2

Both Reagan and Bush (43) signed amnesty for illegal immigrants. Why? Because Congress promised a border fence and very strict enforcement of immigration laws. Guess what? In both instances, the Democratic dominated legislature sand-bagged both presidents, and the follow up never happened.

Question #1

What makes Senator Rubio think that this time will be different???

Factoid #3

FDR (1933) and LBJ (1965) converted our country into a welfare society (shame on both of you, and, yes, I know that some worship FDR as a god, but I beg to differ. Our history would be much brighter without him).

Factoid #4

Milton Freedman stated that unlimited and illegal immigration is inconsistent with a welfare society.

Factoid #5

On more than one occasion, the Supreme Court has ruled that denying illegals of free schooling, Welfare, Food Stamps, and Medicaid is unconstitutional under the Fourteenth Amendment.

Factoid #6

The typical illegal immigrant family is legally entitled to something like $50k of free stuff from Uncle Sugar (the $ differs depending on whom you ask), regardless of how much they “put into the system”, including families where the breadwinner works for cash under the table, never paying SDI, state income, federal income, unemployment insurance, or payroll tax. When they have a medical problem, they head down to the nearest hospital emergency room, knowing that it is a legal obligation that they receive proper medical treatment if they say the magic words.

Factoid #7

Legal immigration is a good thing: we need more computer programmers, doctors, and civil engineers. We do not need more strawberry pickers or unlicensed contractors.

Question #2

OK, which item are you folks willing to give up: welfare, or your belief that illegal immigrants are good for our country (and, yes, the “coyotes” and their customers are fully cognizant of your dilemma)?

Fog Of War? Tragedy in Boston? We Still Do Not Know

OK, put down the Twitterfeed and CNN.

Note very carefully what has happened so far: a terrible act of terrorism in Boston occurred 2 days ago, and we still know very little. We were deluged with information the day of and the next, and virtually all of it was wrong.

Even today, misinformation is still flowing out all over the place.

This happens each and every time there is a tragedy, multiple murder, natural disaster, and so forth. To quote a famous philosopher, it's deja vu all over again.

This phenomena is called the fog of war, so named because it is difficult for commanders and leaders to get accurate information during time of war. It also applies to the American media.

Therefore, take everything you hear about the bombing with many grains of salt.  

Obamacare (7) – We won't increase your rates!

Up to a point, this may not necessarily be a bad thing. Note, however, there are a couple of situations were you can be charged more for your premiums: geographic area, age, or smoking.

‘‘SEC. 2701 [42 U.S.C. 300gg]. FAIR HEALTH INSURANCE PREMIUMS.
‘‘(a) PROHIBITING DISCRIMINATORY PREMIUM RATES.—
‘‘(1) IN GENERAL.—With respect to the premium rate charged by a health insurance issuer for health insurance coverage offered in the individual or small group market—
‘‘(A) such rate shall vary with respect to the particular plan or coverage involved only by—
‘‘(i) whether such plan or coverage covers an individual or family;
‘‘(ii) rating area, as established in accordance with paragraph (2);
‘‘(iii) age, except that such rate shall not vary by more than 3 to 1 for adults (consistent with section 2707(c)); and
‘‘(iv) tobacco use, except that such rate shall not vary by more than 1.5 to 1;
‘‘(B) such rate shall not vary with respect to the particular plan or coverage involved by any other factor not described in subparagraph (A).

Communist China? Bird Flu? Not again...

The latest is the H5N9 strain of the Influenza A virus.

Rewind: SARS of a few years ago killed thousands of people worldwide. This epidemic started and spread out from Red China. It was able to do so because followers of Chairman Mao are, by nature, secretive and non-communicative. By the time the magnitude of this dangerous disease was obvious, the Commies admitted such but many months too late.

Redux: there is a new strain of bird flu. According to reports, only a dozen or two have died, and only those who had direct contact with the live fowl. It does not spread person-to-person. Or so the reports from the Communist China claim. We do not have independent verification if this is true or not.

Here we go again...

Obamacare (6) – no one is ever turned down for insurance!

Come one, come all. At Uncle Barack's health insurance emporium, everyone is accepted!

Bad credit, no credit?

No problem!

Bankruptcy, unemployed, or just plain out of money?

No problem!

One foot in the grave?

No problem!

We won't turn you down!

Easy payments, easy credit terms. Guaranteed.

You may have heard stories that people will game Obamacare, and enroll only when they need mucho medical care costing mucho buck$. You probably thought that stories that no one will be denied insurance even if they are gravely ill, were mere fantasy and exaggeration.

Au contraire, mon ami.

Here is the proof:

‘‘SEC. 2705 [42 U.S.C. 300gg–4]. PROHIBITING DISCRIMINATION AGAINST INDIVIDUAL PARTICIPANTS AND BENEFICIARIES BASED ON HEALTH STATUS.
‘‘(a) IN GENERAL.—A group health plan and a health insurance issuer offering group or individual health insurance coverage may not establish rules for eligibility (including continued eligibility) of any individual to enroll under the terms of the plan or coverage based on any of the following health status-related factors in relation to the individual or a dependent of the individual:
‘‘(1) Health status.
‘‘(2) Medical condition (including both physical and mental illnesses).
‘‘(3) Claims experience.
‘‘(4) Receipt of health care.
‘‘(5) Medical history.
‘‘(6) Genetic information.
‘‘(7) Evidence of insurability (including conditions arising out of acts of domestic violence).
‘‘(8) Disability.
‘‘(9) Any other health status-related factor determined appropriate by the Secretary.

Obamacare (5) – labor unions are very special

Labor unions carved out a very special, very safe, very protected safe harbor for themselves. They made sure that Obamacare would not touch a feather on their hard-won labor contracts. Witness for yourself:

SEC. 1251 [42 U.S.C. 18011]. PRESERVATION OF RIGHT TO MAINTAIN EXISTING COVERAGE
...
(d) EFFECT ON COLLECTIVE BARGAINING AGREEMENTS.—In the case of health insurance coverage maintained pursuant to one or more collective bargaining agreements between employee representatives and one or more employers that was ratified before the date of enactment of this Act, the provisions of this subtitle and subtitle A (and the amendments made by such subtitles) shall not apply until the date on which the last of the collective bargaining agreements relating to the coverage terminates...

Obamacare (4) – breast milk?!?

Panning for gold can be a lonely, disappointing task. When one does discover a nugget, however, it all becomes worthwhile. So it is with today's installment of Obamacare.

I think we can all agree that a breastfeeding mother is a good thing. Further, an employer would be happy to welcome back a productive employee from leave, newborn or otherwise, and would be willing to make allowances, like breastfeeding.

But, why on earth is it ensconced in law about health insurance??

SEC. 4207. REASONABLE BREAK TIME FOR NURSING MOTHERS.
Section 7 of the Fair Labor Standards Act of 1938 (29 U.S.C. 207) is amended by adding at the end the following: ‘‘(r)(1) An employer shall provide—
‘‘(A) a reasonable break time for an employee to express breast milk for her nursing child for 1 year after the child’s birth each time such employee has need to express the milk; and
‘‘(B) a place, other than a bathroom, that is shielded from view and free from intrusion from coworkers and the public, which may be used by an employee to express breast milk.

Obamacare (3) – nutrition labeling of fast food

Perhaps you are wondering how nutrition labeling at chain restaurants has anything to do with health insurance or medical care? Well, that makes two of us.

This particular section runs several pages, so I have heavily edited same to give you a flavor of what is in this section of Obamacare.

SEC. 4205. NUTRITION LABELING OF STANDARD MENU ITEMS AT CHAIN RESTAURANTS.
…
(i) GENERAL REQUIREMENTS FOR RESTAURANTS AND SIMILAR RETAIL FOOD ESTABLISHMENTS.—Except for food described in subclause (vii), in the case of food that is a standard menu item that is offered for sale in a restaurant or similar retail food establishment that is part of a chain with 20 or more locations doing business under the same name (regardless of the type of ownership of the locations) and offering for sale substantially the same menu items, the restaurant or similar retail food establishment shall disclose the information described in subclauses (ii) and (iii).
…
(II)(aa) in a nutrient content disclosure statement adjacent to the name of the standard menu item, so as to be clearly associated with the standard menu item, on the menu board, including a drive-through menu board, the number of calories contained in the standard menu item, as usually prepared and offered for sale; and
(bb) a succinct statement concerning suggested daily caloric intake, as specified by the Secretary by regulation and posted prominently on the menu board, designed to enable the public to understand, in the context of a total daily diet, the significance of the nutrition information that is provided on the menu board;
…

What is up with North Korea?

Forgive my mirth, the leader of same (he will probably want me to mention his name) resembles a cartoon character. He/she/it has done some good, old-fashioned saber rattling: threatening to shoot nuclear missiles at S Korea, Japan, and the west coast of the US; conducting amphibious invasion military exercises; moving “missiles” to the east coast; restarting a moth-balled nuclear reactor that can produce military-grade plutonium; test-firing various missiles; and so forth. I wish to make a few curious observations:

• his military activity could mean that he is under pressure from the military, and nothing more
• we do not know for sure who is in charge: him, his powerful relatives, residual bureaucrats from his father's era, or the military
• I am not convinced that the missile arsenal, whose impressive pictures are all over the western press, are accurate, functional, or reliable
• his bluster is not unlike the behavior of a male insecure about his masculinity
• I am not convinced that if a missile is launched at Seoul, that it will come anywhere near the intended target
• there appears to be none of the logistical moves that are prerequisites to a military move against the South
• Ummm...if you have ever seen satellite photos of the north taken at night, there are virtually no lights, indicating that the electric grid is weak. If we wish to pants the leader and paralyze his military, would it not take the simple bombing of a few power plants?
• The north is entirely dependent on China for sustenance. Nothing happens that China does not approve of.

Anyway, do not take North Korea and her machinations at face value. Things may not be as they appear.  

Obamacare (2) - Abortion funding is mandatory

OK, for those who are not good at double negatives in writing, this section says that Obamacare cannot punish a medical care facility for refusing to provide assisted suicide. So far, so good. However, 1553 (c) (3) specifically exempts abortions. So, Obamacare can punish a medical facility for refusing to perform abortions. So there.

SEC. 1553 ø42 U.S.C. 18113¿. PROHIBITION AGAINST DISCRIMINATION
ON ASSISTED SUICIDE.
(a) IN GENERAL.—The Federal Government, and any State or
local government or health care provider that receives Federal financial
assistance under this Act (or under an amendment made
by this Act) or any health plan created under this Act (or under
an amendment made by this Act), may not subject an individual
or institutional health care entity to discrimination on the basis
that the entity does not provide any health care item or service furnished
for the purpose of causing, or for the purpose of assisting
in causing, the death of any individual, such as by assisted suicide,
euthanasia, or mercy killing.
(b) DEFINITION.—In this section, the term ‘‘health care entity’’
includes an individual physician or other health care professional,
a hospital, a provider-sponsored organization, a health maintenance organization, a health insurance plan, or any other kind of
health care facility, organization, or plan.
(c) CONSTRUCTION AND TREATMENT OF CERTAIN SERVICES.—
Nothing in subsection (a) shall be construed to apply to, or to affect,
any limitation relating to—
(1) the withholding or withdrawing of medical treatment
or medical care;
(2) the withholding or withdrawing of nutrition or hydration;
(3) abortion; or
(4) the use of an item, good, benefit, or service furnished
for the purpose of alleviating pain or discomfort, even if such
use may increase the risk of death, so long as such item, good,
benefit, or service is not also furnished for the purpose of causing,
or the purpose of assisting in causing, death, for any reason.
(d) ADMINISTRATION.—The Office for Civil Rights of the Department
of Health and Human Services is designated to receive complaints
of discrimination based on this section.

Obamacare (1) - FOOD AND DRUG ADMINISTRATION OFFICE OF WOMEN’S HEALTH

Think you know Obamacare? Think again. There is an old saying - knowledge is a dangerous thing. So be it. I got the full text of the law here:
http://www.healthcare.gov/law/full/index.html (opens a PDF)
This puppy is 974 pages long. I vow to read the whole dadgum thing and post the more interesting bits right here, so stay tuned.

Here is the first installment (in particular, not section (i)):

(g) FOOD AND DRUG ADMINISTRATION OFFICE OF WOMEN’S
HEALTH.—Chapter X of the Federal Food, Drug, and Cosmetic Act
(21 U.S.C. 391 et seq.) is amended by adding at the end the following:
‘‘SEC. 1011 ø21 U.S.C. 399b¿. OFFICE OF WOMEN’S HEALTH.
‘‘(a) ESTABLISHMENT.—There is established within the Office of
the Commissioner, an office to be known as the Office of Women’s
Health (referred to in this section as the ‘Office’). The Office shall
be headed by a director who shall be appointed by the Commissioner
of Food and Drugs.
‘‘(b) PURPOSE.—The Director of the Office shall—
‘‘(1) report to the Commissioner of Food and Drugs on current
Food and Drug Administration (referred to in this section
as the ‘Administration’) levels of activity regarding women’s
participation in clinical trials and the analysis of data by sex
in the testing of drugs, medical devices, and biological products
across, where appropriate, age, biological, and sociocultural
contexts;
‘‘(2) establish short-range and long-range goals and objectives
within the Administration for issues of particular concern
to women’s health within the jurisdiction of the Administration,
including, where relevant and appropriate, adequate in-
clusion of women and analysis of data by sex in Administration
protocols and policies;
‘‘(3) provide information to women and health care providers
on those areas in which differences between men and
women exist;
‘‘(4) consult with pharmaceutical, biologics, and device
manufacturers, health professionals with expertise in women’s
issues, consumer organizations, and women’s health professionals
on Administration policy with regard to women;
‘‘(5) make annual estimates of funds needed to monitor
clinical trials and analysis of data by sex in accordance with
needs that are identified; and
‘‘(6) serve as a member of the Department of Health and
Human Services Coordinating Committee on Women’s Health
(established under section 229(b)(4) of the Public Health Service
Act).
‘‘(c) AUTHORIZATION OF APPROPRIATIONS.—For the purpose of
carrying out this section, there are authorized to be appropriated
such sums as may be necessary for each of the fiscal years 2010
through 2014.’’.
(h) NO NEW REGULATORY AUTHORITY.—Nothing in this section
and the amendments made by this section may be construed as establishing
regulatory authority or modifying any existing regulatory
authority.
(i) LIMITATION ON TERMINATION.—Notwithstanding any other
provision of law, a Federal office of women’s health (including the
Office of Research on Women’s Health of the National Institutes of
Health) or Federal appointive position with primary responsibility
over women’s health issues (including the Associate Administrator
for Women’s Services under the Substance Abuse and Mental
Health Services Administration) that is in existence on the date of
enactment of this section shall not be terminated, reorganized, or
have any of it’s powers or duties transferred unless such termination,
reorganization, or transfer is approved by Congress through
the adoption of a concurrent resolution of approval.