Monday, March 22, 2010

The big government health care reform (deform) bill passes - comply or spend five years in prison

Forget tea parties. I want a torches and pitchforks party. I'll bring the beer. We'll need lots of it with this piece of trash passed. This needs to be repealed immediately after Mr. Obama signs this - unless the courts strike this, or parts of this down. Here's the bill, all 2310 pages of it. It's a long read, nearly 1000 pages longer than War and Peace.

It was a party line vote in Michigan. All the dems voted for this. All the Republicans voted against this. It's no secret all the crap that from this senate bill which was moved to the house. There's still procedural battles and this will probably end up in the courts. Supposedly, Bart Stupak had an agreement with Obama about an executive order on abortion language. I'll believe it when I see it.

How bad is this bill?  I've decided to take another look at this 2310 page monstrosity. First rule of thumb, if a bill is 2310 pages, most reps have not read it, and it's bad news. War and Peace is 1440 pages. Atlas Shrugged is 1200 pages. This bill is nearly twice as big, and on much bigger pages, and the same small print. There's plenty of small print there. Page 119


    (a) Establishment of Premiums-
      (1) IN GENERAL- The Secretary shall establish geographically-adjusted premium rates for the public health insurance option in a manner--
        (A) that complies with the premium rules established by the Commissioner under section 113 for Exchange-participating health benefit plans; and
        (B) at a level sufficient to fully finance the costs of--
          (i) health benefits provided by the public health insurance option; and
          (ii) administrative costs related to operating the public health insurance option.
      (2) CONTINGENCY MARGIN- In establishing premium rates under paragraph (1), the Secretary shall include an appropriate amount for a contingency margin.
    (b) Account-
      (1) ESTABLISHMENT- There is established in the Treasury of the United States an Account for the receipts and disbursements attributable to the operation of the public health insurance option, including the start-up funding under paragraph (2). Section 1854(g) of the Social Security Act shall apply to receipts described in the previous sentence in the same manner as such section applies to payments or premiums described in such section.
        (A) IN GENERAL- In order to provide for the establishment of the public health insurance option there is hereby appropriated to the Secretary, out of any funds in the Treasury not otherwise appropriated, $2,000,000,000. In order to provide for initial claims reserves before the collection of premiums, there is hereby appropriated to the Secretary, out of any funds in the Treasury not otherwise appropriated, such sums as necessary to cover 90 days worth of claims reserves based on projected enrollment.
        (B) AMORTIZATION OF START-UP FUNDING- The Secretary shall provide for the repayment of the startup funding provided under subparagraph (A) to the Treasury in an amortized manner over the 10-year period beginning with Y1.
        (C) LIMITATION ON FUNDING- Nothing in this section shall be construed as authorizing any additional appropriations to the Account, other than such amounts as are otherwise provided with respect to other Exchange-participating health benefits plans.
This is Government here.Administrative costs are quadrupled. This is the home of the  $400 hammer and $600 toilet seat.

And page 126:


    (a) In General- The Secretary shall establish conditions of participation for health care providers under the public health insurance option.
    (b) Licensure or Certification- The Secretary shall not allow a health care provider to participate in the public health insurance option unless such provider is appropriately licensed, certified, or otherwise permitted to practice under State law.
    (c) Payment Terms for Providers-
      (1) PHYSICIANS- The Secretary shall provide for the annual participation of physicians under the public health insurance option, for which payment may be made for services furnished during the year, in one of 2 classes:
        (A) PREFERRED PHYSICIANS- Those physicians who agree to accept the payment rate established under section 223 (without regard to cost-sharing) as the payment in full.
        (B) PARTICIPATING, NON-PREFERRED PHYSICIANS- Those physicians who agree not to impose charges (in relation to the payment rate described in section 223 for such physicians) that exceed the ratio permitted under section 1848(g)(2)(C) of the Social Security Act.
      (2) OTHER PROVIDERS- The Secretary shall provide for the participation (on an annual or other basis specified by the Secretary) of health care providers (other than physicians) under the public health insurance option under which payment shall only be available if the provider agrees to accept the payment rate established under section 223 (without regard to cost-sharing) as the payment in full.
    (d) Exclusion of Certain Providers- The Secretary shall exclude from participation under the public health insurance option a health care provider that is excluded from participation in a Federal health care program (as defined in section 1128B(f) of the Social Security Act).

Conditions to participate. Here's a question. How many doctors are going to say screw this and not participate?

Page 149:

(a) In General- An employer meets the requirements of this section with respect to an employee if the following requirements are met:

(1) OFFERING OF COVERAGE- The employer offers the coverage described in section 311(1) either through an Exchange-participating health benefits plan or other than through such a plan.

(2) EMPLOYER REQUIRED CONTRIBUTION- The employer timely pays to the issuer of such coverage an amount not less than the employer required contribution specified in subsection (b) for such coverage.

(3) PROVISION OF INFORMATION- The employer provides the Health Choices Commissioner, the Secretary of Labor, the Secretary of Health and Human Services, and the Secretary of the Treasury, as applicable, with such information as the Commissioner may require to ascertain compliance with the requirements of this section.

(4) AUTOENROLLMENT OF EMPLOYEES- The employer provides for autoenrollment of the employee in accordance with subsection (c).

(b) Reduction of Employee Premiums Through Minimum Employer Contribution-

(1) FULL-TIME EMPLOYEES- The minimum employer contribution described in this subsection for coverage of a full-time employee (and, if any, the employee's spouse and qualifying children (as defined in section 152(c) of the Internal Revenue Code of 1986) under a qualified health benefits plan (or current employment-based health plan) is equal to--

(A) in case of individual coverage, not less than 72.5 percent of the applicable premium (as defined in section 4980B(f)(4) of such Code, subject to paragraph (2)) of the lowest cost plan offered by the employer that is a qualified health benefits plan (or is such current employment-based health plan); and

(B) in the case of family coverage which includes coverage of such spouse and children, not less 65 percent of such applicable premium of such lowest cost plan.

(2) APPLICABLE PREMIUM FOR EXCHANGE COVERAGE- In this subtitle, the amount of the applicable premium of the lowest cost plan with respect to coverage of an employee under an Exchange-participating health benefits plan is the reference premium amount under section 243(c) for individual coverage (or, if elected, family coverage) for the premium rating area in which the individual or family resides.

(3) MINIMUM EMPLOYER CONTRIBUTION FOR EMPLOYEES OTHER THAN FULL-TIME EMPLOYEES- In the case of coverage for an employee who is not a full-time employee, the amount of the minimum employer contribution under this subsection shall be a proportion (as determined in accordance with rules of the Health Choices Commissioner, the Secretary of Labor, the Secretary of Health and Human Services, and the Secretary of the Treasury, as applicable) of the minimum employer contribution under this subsection with respect to a full-time employee that reflects the proportion of--

(A) the average weekly hours of employment of the employee by the employer, to

(B) the minimum weekly hours specified by the Commissioner for an employee to be a full-time employee.

(4) SALARY REDUCTIONS NOT TREATED AS EMPLOYER CONTRIBUTIONS- For purposes of this section, any contribution on behalf of an employee with respect to which there is a corresponding reduction in the compensation of the employee shall not be treated as an amount paid by the employer.

(c) Automatic Enrollment for Employer Sponsored Health Benefits-

(1) IN GENERAL- The requirement of this subsection with respect to an employer and an employee is that the employer automatically enrolls such employee into the employment-based health benefits plan for individual coverage under the plan option with the lowest applicable employee premium.

(2) OPT-OUT- In no case may an employer automatically enroll an employee in a plan under paragraph (1) if such employee makes an affirmative election to opt out of such plan or to elect coverage under an employment-based health benefits plan offered by such employer. An employer shall provide an employee with a 30-day period to make such an affirmative election before the employer may automatically enroll the employee in such a plan.


(A) IN GENERAL- Each employer described in paragraph (1) who automatically enrolls an employee into a plan as described in such paragraph shall provide the employees, within a reasonable period before the beginning of each plan year (or, in the case of new employees, within a reasonable period before the end of the enrollment period for such a new employee), written notice of the employees' rights and obligations relating to the automatic enrollment requirement under such paragraph. Such notice must be comprehensive and understood by the average employee to whom the automatic enrollment requirement applies.

(B) INCLUSION OF SPECIFIC INFORMATION- The written notice under subparagraph (A) must explain an employee's right to opt out of being automatically enrolled in a plan and in the case that more than one level of benefits or employee premium level is offered by the employer involved, the notice must explain which level of benefits and employee premium level the employee will be automatically enrolled in the absence of an affirmative election by the employee.


(a) In General- A contribution is made in accordance with this section with respect to an employee if such contribution is equal to an amount equal to 8 percent of the average wages paid by the employer during the period of enrollment (determined by taking into account all employees of the employer and in such manner as the Commissioner provides, including rules providing for the appropriate aggregation of related employers). Any such contribution--

(1) shall be paid to the Health Choices Commissioner for deposit into the Health Insurance Exchange Trust Fund, and

(2) shall not be applied against the premium of the employee under the Exchange-participating health benefits plan in which the employee is enrolled.

Basically, we have an 8 percent payroll tax.

Page 143...

For an individual's responsibility to obtain acceptable coverage, see section 59B of the Internal Revenue Code of 1986 (as added by section 401 of this division).

And what does section 401 say? Page 167...


`(a) Tax Imposed- In the case of any individual who does not meet the requirements of subsection (d) at any time during the taxable year, there is hereby imposed a tax equal to 2.5 percent of the excess of--

`(1) the taxpayer's modified adjusted gross income for the taxable year, over

`(2) the amount of gross income specified in section 6012(a)(1) with respect to the taxpayer.

It's a 2.5% of your income that is fined. This is a penalty. This is a penalty fine disguised as a tax and should be challenged. The penalty for not paying the fine/tax is a trip to prison. I wrote about it here in November of 2009. Sections 7201 and 7203. They are already law, part of the Internal Revenue Code.

7201 - Attempt to Evade or Defeat tax. Felony. $100,000 fine. 5 years in prison.

7203 - Willful failure to file return, supply information, or pay tax. Misdemeanor. $25,000 fine. 1 year in prison.

There's also a surcharge. Page 197.


`(a) General Rule- In the case of a taxpayer other than a corporation, there is hereby imposed (in addition to any other tax imposed by this subtitle) a tax equal to--

`(1) 1 percent of so much of the modified adjusted gross income of the taxpayer as exceeds $350,000 but does not exceed $500,000,

`(2) 1.5 percent of so much of the modified adjusted gross income of the taxpayer as exceeds $500,000 but does not exceed $1,000,000, and

`(3) 5.4 percent of so much of the modified adjusted gross income of the taxpayer as exceeds $1,000,000.

I wonder how many sole proprietors, partnerships, and LLC's are going to be out of business with this. Those aren't corporations, but are a large number of businesses.

The Attorney General has more access. Eric Holder I don't want near medical records. I don't want John Ashcroft there either for that matter. Section 1651


Section 1128G of the Social Security Act, as added by section 1631 and amended by sections 1632 and 1641, is further amended by adding at the end the following new subsection;

`(d) Access to Information Necessary To Identify Fraud, Waste, and Abuse- For purposes of law enforcement activity, and to the extent consistent with applicable disclosure, privacy, and security laws, including the Health Insurance Portability and Accountability Act of 1996 and the Privacy Act of 1974, and subject to any information systems security requirements enacted by law or otherwise required by the Secretary, the Attorney General shall have access, facilitation by the Inspector General of the Department of Health and Human Services, to claims and payment data relating to titles XVIII and XIX, in consultation with the Centers for Medicare & Medicaid Services or the owner of such data.'.

I have to relook at the HIPPA laws, but things are in bills for a reason. My guard's up, and while I don't see a wolf yet, there's a potential one.

Here's a potential wolf.


`(a) In General- The Secretary shall submit to the Congress within one year after the date of the enactment of this section, and at least every 2 years thereafter, a national strategy that is designed to improve the Nation's health through evidence-based clinical and community prevention and wellness activities (in this section referred to as `prevention and wellness activities'), including core public health infrastructure improvement activities.

`(b) Contents- The strategy under subsection (a) shall include each of the following:

`(1) Identification of specific national goals and objectives in prevention and wellness activities that take into account appropriate public health measures and standards, including departmental measures and standards (including Healthy People and National Public Health Performance Standards).

`(2) Establishment of national priorities for prevention and wellness, taking into account unmet prevention and wellness needs.

`(3) Establishment of national priorities for research on prevention and wellness, taking into account unanswered research questions on prevention and wellness.

`(4) Identification of health disparities in prevention and wellness.

`(5) A plan for addressing and implementing paragraphs (1) through (4).

`(c) Consultation- In developing or revising the strategy under subsection (a), the Secretary shall consult with the following:

`(1) The heads of appropriate health agencies and offices in the Department, including the Office of the Surgeon General of the Public Health Service, the Office of Minority Health, and the Office on Women's Health.

`(2) As appropriate, the heads of other Federal departments and agencies whose programs have a significant impact upon health (as determined by the Secretary).

You see, government has a major stake now in health care. Tax money in spades is going towards that. In addition, my experience in Lansing showed me that one of the biggest big government statist lobbies in the business is the public health lobby. It's like out of the movie Demolition Man. Anything that is in their opinion, bad for you, must be outlawed or taxed. We see what's happening with tobacco right now. They pushed to go against firearms in the 1990's with lawsuits against firearms manufacturers. Gubernatorial candidate Virg Bernero pushed for a "pop tax" while in the state senate. (soda's for you on the East Coast, Cokes for you in the South). Granholm had a "meatout" day proclaimed last Saturday. While I'm not to worried about the "meatout" day, since it was just a mouth running, I am concerned about a "meat tax" in the future. The argument will be "50% of our payments are going towards Obesity. Tax carbs and meat to pay for it."

This ain't over with Obama's signature. It's just getting started. I'm not referring to the torches and pitchforks party we need in Washington to repeal this. I'm referring to big government trying to take control of every aspect of our lives.

And howabout this to get Mary Landrieu's vote.



Grants under this chapter shall be for the purpose of modernizing, renovating, repairing, or constructing public school facilities, including, where applicable, early learning facilities, based on the need for such improvements or construction, to ensure that public school facilities are safe, healthy, high-performing, and technologically up-to-date.

What the hell does that even have to do with health care?

There's plenty more that's bad there. All 2300+ pages of this. This isn't Fox News reporting. This isn't Rush Limbaugh reporting. I don't watch TV News or listen to talk radio. All of this is straight from the bill itself. Primary sources.

This needs to be repealed at best, and modified at worst. We can start with stopping the bleeding with getting rid of the democrats, and then firing Obama's sorry ass in 2012.


Communications guru said...

Seriously, are you really trying to pass off that debunked lie again? What a piece of work.
You sure are the Republican Michigander. The old, if you-tell-a-lie-often-enough strategy. You already tried that five years in prison false talking point, and it was debunked. This will refresh your memory.

Dan said...

Kevin, there you go again, spewing more horsecrap than what is shoveled on Mackinac.

Fact. If you don't have the approved government plan, you are fined.

Fact. The fine is disguised as a tax.

Fact. IRS codes govern taxes.

Fact. Sec 7201 - Attempt to Evade or Defeat tax. Felony. $100,000 fine. 5 years in prison.

Unknown said...

Question: What happens to an individual who does not obtain acceptable coverage?


Question: What happens if one evades this [federal] tax?

Answer: One has committed a felony, and must face the appropriate fine/prison sentence.

Fact: This man hasn't written anything untruthful - he's taken the official document and annotated it. If you want to have an effective argument, quit taking the easy way out. Relate back to the original text ( and provide us with your own original analysis. If this 18 year old girl could read it, I'm certain you're more than capable.

Communications guru said...

Fact: There is no five-year prison sentence, and this man is lying. No where in the bill does it say a person who does not enter the insurance pool gets five years in prison. With that being said, it’s impossible to “relate back to the original text.”

Dan said...

Kevin, if you don't enroll in what the government considers "acceptable" coverage, you pay a fine disguised as a tax. Even some of your buddies in the media call it a "penalty", and taxes are not supposed to be penalties.

If you don't pay the penalty, the tax codes apply, the same way they do for income taxes. Sec 7201 has been law for years and years. It just now applies to this health care bill as well. If you don't pay the fine/tax, you go on a one way ticket to club fed.

Communications guru said...

You continue to lie. You will not serve five years in prison for not buying health care insurance.