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.