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Contact Jay B. Gaskill, attorney at law, via e mail at law@jaygaskill.com

 

 

 

IS IT REALLY TIME TO SAY ‘NO’ TO HEALTH CARE REFORM?

 

The heath care juggernaut is being run by anti-democratic ideologues.  You doubt this? Where were the congressional hearings? 

 

“This is an issue of vital concern to every American, and I'm glad that so many are engaged," Obama said Saturday in his weekly radio and Internet address.

“But it also should be an honest debate, not one dominated by willful misrepresentations and outright distortions, spread by the very folks who would benefit the most by keeping things exactly as they are.” Barak Obama as quoted by NPR 8-22-09

 

 

THE HEARINGS DIDN’T TAKE PLACE because the ruling clique in congress has decided to ram the ‘official’ plan through with as little debate (and as few ‘distracting amendments’) as possible.  In the bargain these leaders are now applying ruthless pressure on moderate and conservative democrats to ignore both their constituents and their personal qualms in order to tow the party line.   

 

The August town hall firestorm was an inevitable consequence.

 

HERE ARE THREE AMENDMENTS TO THE ADMINISTRATION’S HEATH CARE PLAN YOU WILL NOT SEE:

 

ONE:

 

PROTECTING A PHYSICIAN’S RIGHT TO HAVE A PRIVATE PRACTICE.

“No physician or credentialed health care provider may be prohibited or prevented from or penalized for performing medical services outside the scope and/or coverage of the government or government approved plans for any private patient, patients or party on a fee for service basis.”

 

TWO:

 

PROTECTING A PATIENT’S RIGHT TO PRIVATELY SEEK CARE OUTSIDE THE GOVERNMENT SYSTEM

“No patient or other individual seeking medical care, services or consultation may be prohibited or prevented from or penalized for  privately contracting with a physician or other health care provider for any medical prescription, treatment, procedure or consultation, whether or not enrolled in any government sponsored, approved or regulated plan or other health care provider system.”

 

THREE:

 

PROTECTING THE INTEGRITY OF A PHYSICIAN’S INDIVIDUAL MEDICAL JUDGMENT; SAFEGUARDING THE HIPPOCRATIC OATH.

“No physician, nurse or other heath care provider working under the direction of such physician may be penalized, discouraged or prevented in any way by the government, its agents, agencies, departments, bureaus or commissions, for the exercise of his or her clinical/medical judgments that, in the physician’s independent professional judgment, are in accordance with the Hippocratic Oath.  Any medical doctrine to the contrary that is contained in the Act or promulgated by officials proceeding under the act shall be null and void.”

 

WHAT IS GOING ON?

 

Why to I believe this to be the case?  The current congressional leadership is committed not to allow any amendments that will dilute or impede the march to mandatory single payer (i.e., government) care, especially when those amendments might actually pass.  

 

If you doubt this, I invite you to take a look at the record so far.  The following amendments were either blocked at their inception or were defeated at the recommendation of the current congressional leadership:

 

Amendment from Rep. Eric Cantor (R-VA) would have preserves Americans’ freedom to choose & keep the coverage they like. i.e., high deductible plans, Health Savings Account (HSA)

Amendment from Rep. Cliff Stearns (R-FL) would have guaranteed that nothing in the bill could prevent individuals from keeping their current health benefit plans.

Amendment from Rep. Mike Rogers (R-MI), Rep. Jim Matheson (D-UT), and Rep. Phil Gingrey (R-GA) would have allowed HSAs plans (the medical savings accounts model with a catastrophic coverage supplement) in the bill’s definition of a “qualified health benefits plan.”

Amendment from Rep. Paul Ryan (R-WI) would have allowed us to keep the insurance we like by opting out of the government-run ‘option’.

Amendment from Rep. Dave Reichert (R-WA) would have us to continue to enroll in private individual market health plans. [Note the president only said we could remain in our existing plans as long as they are offered.]

Amendment from Rep. Charles Boustany (R-LA) would have stopped the Health and Human Services Secretary from forcing providers to participate in the government-run plan (Democrats defeated this amendment: 25-16)

Amendment from Rep. Wally Herger (R-CA) would have stopped the Centers for Medicare and Medicaid Services (CMS) from using the Act to make coverage determinations.

Amendment from Rep. Kevin Brady (R-TX) would have eliminated the public plan whenever enrollees suffered longer wait times than in private health plans, allowing them to switch to private health plans.

Amendment from Rep. Dean Heller (R-NV) would have required that the government actually verify that only citizens can access federal health care.

 

In other actions, the congressional leadership has prevented measures stopping bureaucrats from making personal medical decisions for patients; waiving the employer mandate if it will cause layoffs, worker salary cuts, or reductions in hiring; creating small business health plans; requiring the government-run plan to operate under the same rules as private health plans; preventing seniors from being stripped of their health care choices, keep the federal government from choosing “favored” physicians, or allow states to opt out.

Several surveys of this sorry record of legislative manipulation (in blatant disregard of popular sentiment) have been posted at the following LINKS:

 

 

 

 

 

 

Okay:  What is REALLY going on here?

 

There is a clear pattern.  The new congress, heady with its power to override the opposition, has begun to curtail debate on all of the high priority issues by choking off the amendment process.  It is in connection with an amendment to a pending bill that debate is allowed.  In the health care agenda, it is crystal clear that the minor amendments that do not slow down the march to a single payer model are tolerated, but nothing else will be allowed to get in the way.

 

A very determined subset of the liberal establishment has decided the “the time has come” to shoehorn everyone who is now insured into an inferior and inevitably underfunded health care system (the HMO from hell) in the quixotic attempt to produce more “equity” among all. 

 

Pursuit of this single minded (and I must add, simple minded) objective will bankrupt our heath care system and degrade the overall quality of care.  It will do far more harm and far less good than directly addressing the needs of the poorest among us.

 

Given the intransigence of the congressional leadership, egged on by White House staff, the best thing to do is simply block the effort completely until such times as the ‘reform’ proponents, the White House and congressional leadership agree to an orderly, thorough and segmented debate, during which any bill is open to all amendments. 

 

Three subject matter groupings seem logical here: [A] expanding coverage opportunities for non-indigent persons who are being rejected for preexisting conditions; [B] finding ways to provide out patient care for the indigent and near-indigent throngs who fill urban emergency rooms with non-emergency cases; [C] exploring innovating, low cost insurance options (like the blend between catastrophic care insurance and cost-shared pay for services models) that individuals and small businesses can readily join.  But that kind of orderly debate, accompanied by post-partisan congressional hearings has been trumped by an ideology-driven power play.

 

We are presented with a faux emergency and fake crisis that is nothing more than a blatant attempt to exploit a fleeting opportunity to ram a poorly constructed piece of radical legislation past the normal checks and balances. 

 

Is it really time to say ‘no’ to health care reform?  Of course not. 

 

But the time has arrived to give this group of manipulative, deceptive and deluded would-be-reformers the one message that will send this sorry mess of a project back to the starting gate where saner minds will have a chance to be heard: 

 

NOT THIS BILL!  NOT THIS SESSION! NOT THIS PROCESS!

 

JBG