Posted by
Toddy Littman on Wednesday, March 17, 2010 4:24:48 PM
Just a few things to share from the Senate bill as passed on December 24th, 2009.
Bart
Stupak's reservations with the Senate Bill follow. Basically this is
where the actual bifurcation of public funding for abortion to create
an allowable category as a matter of health insurance policies occurs.
At Pages 2070-2072 of H.R. 3590, as amended by the Senate:
"5 ABORTION SERVICES.—
6 ‘‘(1) VOLUNTARY CHOICE OF COVERAGE OF
7 ABORTION SERVICES.—
8 ‘‘(A) IN GENERAL.—Notwithstanding any
9 other provision of this title (or any amendment
10 made by this title)—
11 ‘‘(i) nothing in this title (or any
12 amendment made by this title), shall be
13 construed to require a qualified health plan
14 to provide coverage of services described in
15 subparagraph (B)(i) or (B)(ii) as part of
16 its essential health benefits for any plan
17 year; and
18 ‘‘(ii) subject to subsection (a), the
19 issuer of a qualified health plan shall deter
20 mine whether or not the plan provides cov
21 erage of services described in subparagraph
22 (B)(i) or (B)(ii) as part of such benefits for
23 the plan year.
24 ‘‘(B) ABORTION SERVICES.—
1 ‘‘(i) ABORTIONS FOR WHICH PUBLIC
2 FUNDING IS PROHIBITED.—The services de
3 scribed in this clause are abortions for
4 which the expenditure of Federal funds ap
5 propriated for the Department of Health
6 and Human Services is not permitted,
7 based on the law as in effect as of the date
8 that is 6 months before the beginning of the
9 plan year involved.
10 ‘‘(ii) ABORTIONS FOR WHICH PUBLIC
11 FUNDING IS ALLOWED.—The services de
12 scribed in this clause are abortions for
13 which the expenditure of Federal funds ap
14 propriated for the Department of Health
15 and Human Services is permitted, based on
16 the law as in effect as of the date that is 6
17 months before the beginning of the plan
18 year involved.
19 ‘‘(2) PROHIBITION ON THE USE OF FEDERAL
20 FUNDS.—
21 ‘‘(A) IN GENERAL.—If a qualified health
22 plan provides coverage of services described in
23 paragraph (1)(B)(i), the issuer of the plan shall
24 not use any amount attributable to any of the
1 following for purposes of paying for such serv
2 ices:
3 ‘‘(i) The credit under section 36B of
4 the Internal Revenue Code of 1986 (and the
5 amount (if any) of the advance payment of
6 the credit under section 1412 of the Patient
7 Protection and Affordable Care Act).
8 ‘‘(ii) Any cost-sharing reduction under
9 section 1402 of the Patient Protection and
10 Affordable Care Act (and the amount (if
11 any) of the advance payment of the reduc
12 tion under section 1412 of the Patient Pro
13 tection and Affordable Care Act)."
The
politicizing that is built into this bill engenders that H.R. 3590 is
not legislation but purely abuse of our political process that is being
done in pure arrogance to show they can carry on without the Will of
the American People.
Oddly it appears this same politicization
has barred the government from using the budget reconciliation process
according to the terms of this section:
Page 2028:
"20 (e) GRANTS FOR QUALIFIED INVESTMENTS IN THERA21
PEUTIC DISCOVERY PROJECTS IN LIEU OF TAX CREDITS.—"....
and in particular paragraph 12, on pages 2033-2034:
"24 (12) PROTECTING MIDDLE CLASS FAMILIES FROM
25 TAX INCREASES.—It is the sense of the Senate that the
1 Senate should reject any procedural maneuver that
2 would raise taxes on middle class families, such as a
3 motion to commit the pending legislation to the Com
4 mittee on Finance, which is designed to kill legisla
5 tion that provides tax cuts for American workers and
6 families, including the affordability tax credit and
7 the small business tax credit."
To
me without proving this bill does not raise taxes on middle class
families the Senate has precluded itself from bringing this bill up by
Reconciliation.
Another wonderful section, that seems to put the
idea of "lawful" in there as though the idea of "right" pursuant to the
Bill of Rights is
subject to lawful:
Page 2037-2040:
23 ‘‘(c) PROTECTION OF SECOND AMENDMENT GUN
24 RIGHTS.—
25 ‘‘(1) WELLNESS AND PREVENTION PROGRAMS.—
26 A wellness and health promotion activity imple-
1 mented under subsection (a)(1)(D) may not require
2 the disclosure or collection of any information relat
3 ing to—
4 ‘‘(A) the presence or storage of a lawfully5
possessed firearm or ammunition in the resi
6 dence or on the property of an individual; or
7 ‘‘(B) the lawful use, possession, or storage of
8 a firearm or ammunition by an individual.
9 ‘‘(2) LIMITATION ON DATA COLLECTION.—None
10 of the authorities provided to the Secretary under the
11 Patient Protection and Affordable Care Act or an
12 amendment made by that Act shall be construed to
13 authorize or may be used for the collection of any in
14 formation relating to—
15 ‘‘(A) the lawful ownership or possession of
16 a firearm or ammunition;
17 ‘‘(B) the lawful use of a firearm or ammu
18 nition; or
19 ‘‘(C) the lawful storage of a firearm or am
20 munition.
21 ‘‘(3) LIMITATION ON DATABASES OR DATA
22 BANKS.—None of the authorities provided to the Sec
23 retary under the Patient Protection and Affordable
24 Care Act or an amendment made by that Act shall
25 be construed to authorize or may be used to maintain
1 records of individual ownership or possession of a
2 firearm or ammunition.
3 ‘‘(4) LIMITATION ON DETERMINATION OF PRE
4 MIUM RATES OR ELIGIBILITY FOR HEALTH INSUR
5 ANCE.—A premium rate may not be increased, health
6 insurance coverage may not be denied, and a dis
7 count, rebate, or reward offered for participation in
8 a wellness program may not be reduced or withheld
9 under any health benefit plan issued pursuant to or
10 in accordance with the Patient Protection and Afford
11 able Care Act or an amendment made by that Act on
12 the basis of, or on reliance upon—
13 ‘‘(A) the lawful ownership or possession of
14 a firearm or ammunition; or
15 ‘‘(B) the lawful use or storage of a firearm
16 or ammunition.
17 ‘‘(5) LIMITATION ON DATA COLLECTION RE
18 QUIREMENTS FOR INDIVIDUALS.—No individual shall
19 be required to disclose any information under any
20 data collection activity authorized under the Patient
21 Protection and Affordable Care Act or an amendment
22 made by that Act relating to—
23 ‘‘(A) the lawful ownership or possession of
24 a firearm or ammunition; or
1 ‘‘(B) the lawful use, possession, or storage of
2 a firearm or ammunition.’’."
Funny
how the use of the term lawful is conspicuously in affirmation of the
authority of the Government to deem the justness of "firearm"
possession, and meticulously itemize this variety of firearms issues in
a Healthcare Bill, and entirely unnecessary in light of "
The right of the people to keep and bear arms shall not be infringed" unless the government has agreed we are a "A well regulated Militia, being necessary to the security of a free
State" according to the idea of regulation.
And this here, is toward the beginning of the bill at Page 23:
"3 ‘‘SEC. 2715. DEVELOPMENT AND UTILIZATION OF UNIFORM
4 EXPLANATION OF COVERAGE DOCUMENTS
5 AND STANDARDIZED DEFINITIONS.
6 ‘‘(a) IN GENERAL.—Not later than 12 months after the
7 date of enactment of the Patient Protection and Affordable
8 Care Act, the Secretary shall develop standards for use by
9 a group health plan and a health insurance issuer offering
10 group or individual health insurance coverage, in com
11 piling and providing to enrollees a summary of benefits and
12 coverage explanation that accurately describes the benefits
13 and coverage under the applicable plan or coverage. In de
14 veloping such standards,
the Secretary shall consult with
15
the National Association of Insurance Commissioners (re
16
ferred to in this section as the ‘NAIC’), a working group
17 composed of representatives of health insurance-related con
18 sumer advocacy organizations, health insurance issuers,
19 health care professionals, patient advocates including those
20 representing individuals with limited English proficiency,
21 and other qualified individuals." (Emphasis mine.)
Everything
from line 14-21 might as well be a list of lobbying groups, and note
those who are suffering a catastrophic illness, are not directly
represented. Instead they are, as perfectly government controlled as
possible, lumped together with "patient advocates." Of course we all
agree the groups those absconders with our Liberty, usurpers of Freedom
in Washington deem "qualified individuals" right?
I am
certain there is much more, as the Secretary, HHS secretary or Treasury
Secretary (since the bill is being packaged as an amendment to the 1986
tax law), is mentioned in the document 508 times in the first 507 pages
of the 2400 page bill.
The bill can be found in pdf format here:
http://www.govtrack.us/congress/billtext.xpd?bill=h111-3590
Let's
hope Stupak and company have the guts to stand their ground since
clearly the exponential growth of power assumption by our
administrative D.C. servants does not preclude doing anything to
further erode and displace the Sovereign people of America with a
Kenyan Dictator's dream.
Thank you for reading,
Toddy Littman