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| | Beginning in 2014, Americans will be required to buy government-approved, private health insurance or else pay a penalty. | | Beginning in 2014, Americans will be required to buy government-approved, private health insurance or else pay a penalty. |
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| − | Health insurance companies will be required to spend on medical care at least 80% of the premium payments they receive from individual and small-group plans (and at least 85% from large group plans). This is intended to prevent companies from repeatedly raising rates to increase executive bonuses. | + | Health insurance companies will be required to spend on medical care at least 80% of the premium payments they receive from individual and small-group plans (and at least 85% from large group plans). The federal government will define what constitutes medical care. |
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| | === Immediate Impact in 2010 === | | === Immediate Impact in 2010 === |
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| | Prohibits health plans from discriminating against providers, but plans are not required to contract with any provider. | | Prohibits health plans from discriminating against providers, but plans are not required to contract with any provider. |
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| | + | Requires health plans to develop politically correct language services, community outreach and cultural competency trainings. |
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| | === Employer Requirements === | | === Employer Requirements === |
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| | === Medicaid === | | === Medicaid === |
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| − | ObamaCare expands Medicaid (medical care for the poor) to everyone (under the Medicare age of 65) who has income less than 133% the federal poverty level. | + | ObamaCare expands Medicaid (medical care for the poor) to everyone (under the Medicare age of 65) who has income less than 133% the federal poverty level. States must pay this enormous new burden, but federal government promises to reimburse costs of newly eligible patients under this program from 2014 to 2016. |
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| | === New Bureaucracy === | | === New Bureaucracy === |
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| | Professor Barnett then explained that in ''Bailey v. Drexel Furniture'' (1922), "the Supreme Court struck down such a penalty saying, 'there comes a time in the extension of the penalizing features of the so-called tax when it loses its character as such and becomes a mere penalty with the characteristics of regulation and punishment.'" A subsequent Supreme Court decision, ''U.S. v. Kahriger'' (1953), upheld a punitive tax on gambling based on an express statement in the law that Congress was exercising its power to tax. No such statement exists in ObamaCare. ''See also Sonzinsky v. U.S.'' (1937) ("Inquiry into the hidden motives which may move Congress to exercise a power constitutionally conferred upon it is beyond the competency of courts."). Professor Barnett noted that the penalty is not enforced as a tax in a customary manner, providing further evidence that ObamaCare is based on the Commerce Clause and not on any taxing authority. | | Professor Barnett then explained that in ''Bailey v. Drexel Furniture'' (1922), "the Supreme Court struck down such a penalty saying, 'there comes a time in the extension of the penalizing features of the so-called tax when it loses its character as such and becomes a mere penalty with the characteristics of regulation and punishment.'" A subsequent Supreme Court decision, ''U.S. v. Kahriger'' (1953), upheld a punitive tax on gambling based on an express statement in the law that Congress was exercising its power to tax. No such statement exists in ObamaCare. ''See also Sonzinsky v. U.S.'' (1937) ("Inquiry into the hidden motives which may move Congress to exercise a power constitutionally conferred upon it is beyond the competency of courts."). Professor Barnett noted that the penalty is not enforced as a tax in a customary manner, providing further evidence that ObamaCare is based on the Commerce Clause and not on any taxing authority. |
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| − | It has also been asserted that because the penalty applies to inactivity, it is beyond the powers authorized by the [[Sixteenth Amendment]] anyway. | + | It has also been pointed out that because the penalty applies to inactivity, it is beyond the powers authorized by the [[Sixteenth Amendment]] anyway. |
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| | ==History of Mandatory Coverage== | | ==History of Mandatory Coverage== |
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| | ==Rationed Care== | | ==Rationed Care== |
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| − | Some doctors have said they anticipate more people waiting in the waiting-rooms, more phone calls, people upset because they want to be seen now. Doctors will be overbooked. As the health care system brings in more and more patients, the system will be overwhelmed. ObamaCare will be a tremendous burden for doctors in the United States. Many conservatives feel that only those who can afford insurance should be allowed to see doctors, and those who cannot afford to pay do not deserve treatment. Obama's proposal flies in the face of this thinking.
| + | Doctors have said they anticipate more people waiting in the waiting-rooms, more phone calls, people upset because they want to be seen now. Doctors will be overbooked. As the health care system brings in more and more patients, the system will be overwhelmed. ObamaCare will be a tremendous burden for doctors in the United States. |
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| | ObamaCare will shorten the amount of time Doctors have with each patient, and lengthen the amount of time patients will have to wait. Dr. Sreedhar Potarazu said that the current bill passed into law will create a scenario where the supply cannot meet the demand. Because the necessary health care reform needs are not included in ObamaCare, there are still no protections for physicians in the medical industry, and doctors are going into the profession to work harder to earn less. | | ObamaCare will shorten the amount of time Doctors have with each patient, and lengthen the amount of time patients will have to wait. Dr. Sreedhar Potarazu said that the current bill passed into law will create a scenario where the supply cannot meet the demand. Because the necessary health care reform needs are not included in ObamaCare, there are still no protections for physicians in the medical industry, and doctors are going into the profession to work harder to earn less. |
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| − | There will be an oversight board where the government looks at what should and shouldn't be given to patients, regardless of medical need. There is going to be rationing of care, according to Dr. Sreedhar Potarazu. Some doctors have agreed there will be "rationed care" under ObamaCare.<ref>[http://beta.video.foxbusiness.com/v/4115101/doctors-respond-to-health-care-reform/?playlist_id=87185 Doctors Respond to Health-Care Reform], FoxBusiness.com, March 18, 2010.</ref> Care is rationed under current law by denying it to those who are unable to pay (due to unemployment, for example). Under ObamaCare, all patients will still have the right to pay for any care the government does not provide, so the wealthy will still have access to a higher standard of care. | + | There will be an oversight board where the government looks at what should and shouldn't be given to patients, regardless of medical need. There is going to be rationing of care, according to Dr. Sreedhar Potarazu. Doctors have agreed there will be "rationed care" under ObamaCare.<ref>[http://beta.video.foxbusiness.com/v/4115101/doctors-respond-to-health-care-reform/?playlist_id=87185 Doctors Respond to Health-Care Reform], FoxBusiness.com, March 18, 2010.</ref> |
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| | ==Misinformation== | | ==Misinformation== |
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| | ===Treatment of Elders=== | | ===Treatment of Elders=== |
| − | Some critics, including former Vice-Presidential hopeful [[Sarah Palin]], have accused Obama of planning on setting up "Death Panels" to judge the worthiness and "cost effectiveness" of keeping certain people alive, such as senior citizens. No provision that would do any such thing actually exists in the law as passed, nor did it exist in any version considered in either house of Congress. | + | Some critics, including former Vice-Presidential hopeful [[Sarah Palin]], have accused Obama of planning on setting up "Death Panels" to judge the worthiness and "cost effectiveness" of keeping certain people alive, such as senior citizens. |
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| | == See Also == | | == See Also == |