WHAT THE HEALTH CARE BILL IN CONGRESS
(H.C. 3200 AMERICA HEALTH CHOICES ACT)
REALLY MEANS!
A DIRECT LINE-BY-LINE REFUTATION OF THE LIES!
Welcome everyone! I've created this page as a contribution to an important issue, health care, but
even more than that: to encourage you to think deeply for yourselves and not fall victim to "herd
mentality". Also called "group think", this powerful but underestimated phenomena we're been
witnessing in recent days begins as angry or fearful individuals blindly accept the rhetoric or
behavior of others in their group and react even more emotionally, without critical thought or
compassion towards others outside their group. Those screaming mobs at town hall meetings,
soccer fans who beat up their opponents' supporters, otherwise upstanding fraternity boys who
commit group rape, and the Germans who blindly followed Hitler as he institutionalized the murder
of over 6 million Jews, catholics, gypsies and homosexuals are all victims of group think, just like
those who believe Obama's health care plan is calling for "death panels" and forced abortions!
As a University-level Communication Teacher and corporate trainer for the last twenty years, I have
taught students across the world, including active duty military personnel in Bosnia, Germany &
Alaska, Dept of Defense Contractors in Kosovo & Macedonia, ESL students in Korea & China,
Refugees in Israel & Hong Kong, and "traditional" college students in Denver, South Carolina,
Washington & Santa Barbara. They have been rich and poor, democrats and republicans, liberal
and conservative. I've respected all of their diverse opinions, and have tried very hard to teach
them values of respect, diversity and intelligent free discourse. Concepts integrated into all my
courses include the importance of "Truth in Speaking", critical thinking, listening skills, sound
argumentation, research skills and ethics.
What I have been hearing on the news and blogs regarding the National Health care debate over
the past year, and especially this week, scares me, sickens me, and really excites me! Yes, I see
hope for the future coming out of these heated discussions, but only if we can see our way through
the muddied ignorance, lies, and INTENTIONAL misinformation from other communication experts,
which at times reeks of downright EVIL!
The only ways to fight lies is with the truth. I'm not calling my opinion "the truth". I don't like every
part of the proposed health care policy as cited in HR 3200. But it a remarkable feat of proposals
that deserve and need to be read, understood and intelligibly debated. Even if you think you don't
want any nationalized health care, how can you create something better if you don't understand
what is really on the table and defend your position? Lies are a house of cards that will come
crumbling down eventually. And if you really are patriotic, I mean really: if you really care about
your fellow citizens and believe in the concept "love thy neighbor", don't you have to start by
listening and understanding your neighbors position, rather than putting words in their mouths that
aren't theirs and then beating them up for it? Our country was founded on the principles of open
and INTELLIGENT discourse and debate. Let's make our fore-fathers and mothers proud.
Most native English speakers who have the time and patience to read the actual text who
graduated from the 8th grade should have no problem understanding the terminology of the bill. (I
am also a Realtor and the documents buyers and sellers must read have language far more
complex and confusing than this one!)
With that said, many people won't take the time to read or even skim through a 900+ congressional
document, just as you might not read a 900 page work of fiction (well, with the exception of the
"Twilight" or "Harry Potter"!). And yes, It is rather dry. But at the same time, it's like a potential
Christmas/Hannukah wish list of new presents: new benefits that you and your loved ones will be
receiving, or should I say earning (through taxes you have been paying your whole adult life)!
To this end, I have taken on the mission of removing a tower of babel brick by brick, and confront a
very wide-spread list of lies published (anonymously, of course) on a white-supremest website
called Rense: http://rense.com/general87/dlead.htm that is largely responsible for spreading
disinformation, confusion and fear about the National Health Care proposal. (I have to believe If
most anti-health care protesters knew these were the kind of people disseminating the info they
have been spouting, they'd be horrified!) I am providing a simple analysis of each claim, to help
Americans -- and the whole world -- understand the health care bill that is now in front of congress.
To do this I am reading the full text document, summarizing it, and then attaching the original text
pertaining to each section so readers can make their own interpretations. (See Below)
What makes Rense's pseudo-document so "evil" is that it is being presented as "evidence", as
"logical "proof, so people glance at it and believe that the health care plan being debated in
congress is something that is harmful to people and to our nation. It looks like a line-by-line
summary of the plan, so citizens reading it are assuming it is "true".
But anyone who reads the actual text will see that the references are taken out of context, they are
full of hyperbole (exaggeration) equivocation (manipulating double meaning of words) and other
dangerous fallacies. (faulty reasoning). Whom ever wrote this list of lies was either so stupid that
they couldn't interpret anything right, or, as I suspect, brilliant with manipulating words for the
purpose of, well, manipulation and confusion, and-- and therefore VERY dangerous. Of course, no
one is coming forward and admitting to writing it. Is the author a PR person from an insurance
company, a right-wing militia group, or perhaps Dick Cheney, Rush Limbaugh or Carl Rove?
Hmmmm....
Please do read the full text for yourself, and then decide who is giving a closer and more accurate
interpretation of the policy.
CHALLENGE TO THE BILL'S OPPONENTS:
What surprised me the most when I read this bill it is how unspecific about the details of healthcare
it really is. Many of the sections are very general and vague -- they seem to serve as the first
broad strokes that set the parameters for further study, decision making, leadership and
integration with constitutional law, current government health care plans like social security and
Medicaid, and structures that allow for and integrate private and employer-paid plans.
Those seeking to find evidence of a new totalitarian regime, "death panels", invasion of privacy
rights and dictates to physicians of how or how not to practice health care will likely come up empty
handed, but by all means, I encourage you to read my comments, the bill itself, and TRY TO FIND
REAL, LOGICAL & MEANINGFUL SUPPORT TO YOUR CLAIMS! If you can do this, I promise to
post them on this site.
OK, without further ado, here it is. I have not altered the text of the bill in anyway, other than
removing line numbers at the beginning of each sentence for easier reading sake. You can find the
Entire full length text version of the H.R. 3200 Health care Bill by clicking here. Below I have pasted
sections which pertain specifically to the lies propagated on the website mentioned at the
beginning of my site. It wasn't enough just to post the few sentences referred to on the list of lies,
but to understand the meaning with the proper context, the paragraphs above or below are often
needed.
Most sincerely, Amy B. Katz, M.A. August 13, 2009
PS. In the interest of transparency, I want to let readers know that I do long for some kind of
Nationalized Health Care! Personally I have needed to go to the doctor for over a year (I had two
miscarriages and need follow up appointments/tests that will cost thousand of dollars). But I don't
have the money yet, even though I have three careers and work constantly: none of them offer
health insurance. It makes me so sad to know 150 million other adults and children, many much
more disadvantaged than me, are dying and suffering because they can't get the care they need. If
you don't want the government to provide health care for all, then please create a better plan for
us to take care of ALL of our fellow community members, whenever needed.
H.R. 3200: AMERICA’S HEALTH CHOICES ACT
Lie #1: Pg 22 of the HC Bill MANDATES the Government will audit books of ALL EMPLOYERS
WHO SELF-INSURE!!
The Truth: Pg 22 only calls for a research study!
Read for yourself!
(1) STUDY.—The Commissioner, in coordination with the Secretary of Health and Human
Services and the Secretary of Labor, shall conduct a study of the large group insured and self-
insured employer health care markets. Such study shall examine the following:
(A) The types of employers by key characteristics, including size, that purchase insured
products versus those that self-insure.
(B) The similarities and differences between typical insured and self-insured health plans.
(C) The financial solvency and capital re
serve levels of employers that self-insure by employer size.
(D) The risk of self-insured employers not
being able to pay obligations or otherwise be
coming financially insolvent.
(E) The extent to which rating rules are likely to cause adverse selection in the large
group market or to encourage small and mid
size employers to self-insure
Lie #2: Pg 30 Sec 123 of HC bill - THERE WILL BE A GOVT COMMITTEE which decides what
treatments & benefits you get.
Truth: This is the heart of the bill, and delineates how the government will
develop the health care plan: how an informed & diverse committee of non-
governmental employees will form to set standards for care to ensure effective
coverage.
Read for yourself!
To provide benefits that are actuarially equivalent to approximately 70 percent of the full
actuarial value of the benefits provided under the reference benefits package described in sub
paragraph (B).
(B) REFERENCE BENEFITS PACKAGE DESCRIBED.—The reference benefits package
described in this subparagraph is the essential benefits package if there were no cost-sharing
imposed.
SEC. 123. HEALTH BENEFITS ADVISORY COMMITTEE.
a) ESTABLISHMENT.—
(1) IN GENERAL.—There is established a private-public advisory committee which shall be a
panel of medical and other experts to be known as the Health Benefits Advisory Committee to
recommend covered benefits and essential, enhanced, and premium plans.
(2) CHAIR.—The Surgeon General shall be a member and the chair of the Health Benefits
Advisory Committee.
(3) MEMBERSHIP.—The Health Benefits Advisory Committee shall be composed of the following
members, in addition to the Surgeon General:
(A) 9 members who are not Federal employees or officers and who are appointed by the President.
(B) 9 members who are not Federal employees or officers and who are appointed by
the Comptroller General of the United States in a manner similar to the manner in which the
Comptroller General appoints members to the Medicare Payment Advisory Commission under
section 1805(c) of the Social Security Act.
(C) Such even number of members (not to exceed 8) who are Federal employees and
officers, as the President may appoint.
Such initial appointments shall be made not later than 60 days after the date of the enactment of
this Act.
(4) TERMS.—Each member of the Health Benefits Advisory Committee shall serve a 3-year term
on 19 the Committee, except that the terms of the initial 20 members shall be adjusted in order to
provide for a 21 staggered term of appointment for all such members.
(5) PARTICIPATION.—The membership of the Health Benefits Advisory Committee shall at least
reflect providers, consumer representatives, employer raters, labor, health insurance issuers,
experts in health care financing and delivery, experts in racial and ethnic disparities, experts in
care for those with disabilities, representatives of relevant governmental agencies and at least one
practicing physician or other health professional and an expert on children’s
health and shall represent a balance among various sectors of the health care system so that no
single sector unduly influences the recommendations of such Committee.
(b) DUTIES.—
(1) RECOMMENDATIONS ON BENEFIT STANDARDS.—The Health Benefits Advisory Committee
shall recommend to the Secretary of Health and
Human Services (in this subtitle referred to as the ‘‘Secretary’’) benefit standards (as defined in
paragraph (4)), and periodic updates to such standards. In developing such recommendations,
the Committee shall take into account innovation in health care and consider how such standards
could reduce health disparities.
LIE#3: Pg 354 Sec 1177 - Govt WILL RESTRICT ENROLLMENT of Special Needs people.
THE TRUTH: This and the next section mention an exploration of state
Medicaid programs and how they integrate with this plan. Nothing here says
that Special Needs people will not have health care!
In fact, at the bottom of this section it stipulates increases in payment
coverage for Medicaid!
Read for yourself!
SEC. 1177. EXTENSION OF AUTHORITY OF SPECIAL NEEDS
4 PLANS TO RESTRICT ENROLLMENT.
(a) IN GENERAL.—Section 1859(f)(1) of the Social
security Act (42 U.S.C. 1395w–28(f)(1)) is amended by
striking ‘‘January 1, 2011’’ and inserting ‘‘January 1,
2013 (or January 1, 2016, in the case of a plan described
in section 1177(b)(1) of the America’s Affordable Health
Choices Act of 2009)’’.
(b) GRANDFATHERING OF CERTAIN PLANS.—
(1) PLANS DESCRIBED.—For purposes of section 1859(f)(1) of the Social Security Act (42
U.S.C. 1395w–28(f)(1)), a plan described in this
paragraph is a plan that had a contract with a State
that had a State program to operate an integrated
Medicaid-Medicare program that had been approved
by the Centers for Medicare & Medicaid Services as
of January 1, 2004.
(2) ANALYSIS; REPORT.—The Secretary of
Health and Human Services shall provide, through
a contract with an independent health services evaluation organization, for an analysis of the plans
described in paragraph (1) with regard to the impact
of such plans on cost, quality of care, patient satisfaction, and other subjects as specified by the
Secretary. Not later than December 31, 2011, the Secretary shall submit to Congress a report on
such analysis and shall include in such report such recommendations with regard to the treatment
of such
plans as the Secretary deems appropriate.
Subtitle E—Improvements to Medicare Part D SEC. 1181. ELIMINATION OF COVERAGE GAP.
(a) IN GENERAL.—Section 1860D–2(b) of such Act (42 U.S.C. 1395w–102(b)) is amended—
(1) in paragraph (3)(A), by striking ‘‘paragraph (4)’’ and inserting ‘‘paragraphs (4) and (7)’’;
(2) in paragraph (4)(B)(i), by inserting ‘‘subject to paragraph (7)’’ after ‘‘purposes of this part’’;
and (3) by adding at the end the following new ‘(7) PHASED-IN ELIMINATION OF COVERAGE
GAP.—
‘(A) IN GENERAL.—For each year beginning with 2011, the Secretary shall consistent
initial coverage limit (described in subsection (b)(3)) and decrease the annual out-of-pocket
threshold from the amounts otherwise computed until there is a continuation of coverage from
the initial coverage limit for expenditures in curred through the total amount of expenditures at
which benefits are available under paragraph (4).
(B) INCREASE IN INITIAL COVERAGE LIMIT.—For a year beginning with 2011, the
initial coverage limit otherwise computed with out regard to this paragraph shall be increased
by 1⁄2 of the cumulative phase-in percentage (as 12 defined in subparagraph (D)(ii) for the year)
times the out-of-pocket gap amount (as defined in subparagraph (E)) for the year.
(C) DECREASE IN ANNUAL OUT-OF-POCKET THRESHOLD.—For a year beginning with
2011, the annual out-of-pocket threshold other wise computed without regard to this paragraph
shall be decreased by 1⁄2 of the cumulative phase-in percentage of the out-of-pocket gap
amount for the year multiplied by 1.75.
LIE #4: Pg 42 of HC Bill - The Health Choices Commissioner will choose your HC Benefits for you.
THE TRUTH: The Bill establishes a position called “Health Choices
Commissioner” who would report to the President and be responsible for
ensuring Health Benefit Standards and overseeing the diverse committee
mentioned in #2. It says that the HCC Commissioner will follow the same
rules/pay structure/etc. As the Social Security Commissioner as set forth by
the Social Securities Act.
Read for yourself:
Subtitle E—Governance
SEC. 141. HEALTH CHOICES ADMINISTRATION; HEALTH CHOICES COMMISSIONER.
(a) IN GENERAL.—There is hereby established, as an
independent agency in the executive branch of the Government, a Health Choices Administration
(in this division
referred to as the ‘‘Administration’’).
(b) COMMISSIONER.—
(1) IN GENERAL.—The Administration shall be
headed by a Health Choices Commissioner (in this
division referred to as the ‘‘Commissioner’’) who
shall be appointed by the President, by and with the
advice and consent of the Senate.
(2) COMPENSATION; ETC.—The provisions of
paragraphs (2), (5), and (7) of subsection (a) (relating to compensation, terms, general powers,
rule making, and delegation) of section 702 of the Social
Security Act (42 U.S.C. 902) shall apply to the
Commissioner and the Administration in the same
manner as such provisions apply to the Commissioner of Social Security and the Social Security
Administration.
3 SEC. 142. DUTIES AND AUTHORITY OF COMMISSIONER.
(a) DUTIES.—The Commissioner is responsible for
carrying out the following functions under this division:
(1) QUALIFIED PLAN STANDARDS.—The establishment of qualified health benefits plan standards
under this title, including the enforcement of such
standards in coordination with State insurance regulators and the Secretaries of Labor and the
Treasury.
(2) HEALTH INSURANCE EXCHANGE.—The establishment and operation of a Health Insurance
Exchange under subtitle A of title II.
(3) INDIVIDUAL AFFORDABILITY CREDITS.—
The administration of individual affordability credits
under subtitle C of title II, including determination
of eligibility for such credits.
(4) ADDITIONAL FUNCTIONS.—Such additional
functions as may be specified in this division.
(b) PROMOTING ACCOUNTABILITY.—
(1) IN GENERAL.—The Commissioner shall undertake activities in accordance with this subtitle to
promote accountability of QHBP offering entities in meeting Federal health insurance requirements,
Regardless of whether such accountability is with respect to qualified health benefits plans offered
through the Health Insurance Exchange or outside
of such Exchange.
(2) COMPLIANCE EXAMINATION AND AUDITS.—
(A) IN GENERAL.—The commissioner
shall, in coordination with States, conduct audits of qualified health benefits plan compliance
with Federal requirements. Such audits may include random compliance audits and targeted
audits in response to complaints or other suspected non-compliance.
(B) RECOUPMENT OF COSTS IN CONNECTION WITH EXAMINATION AND AUDITS.—The
Commissioner is authorized to recoup from
qualified health benefits plans reimbursement
for the costs of such examinations and audit of
such QHBP offering entities.
(c) DATA COLLECTION.—The Commissioner shall
collect data for purposes of carrying out the Commissioner’s duties, including for purposes of
promoting quality and value, protecting consumers, and addressing disparities in health and health
care and may share such data with the Secretary of Health and Human Services.
(d) SANCTIONS AUTHORITY.—
(1) IN GENERAL.—In the case that the Commissioner determines that a QHBP offering entity
violates a requirement of this title, the Commissioner may, in coordination with State insurance
regulators and the Secretary of Labor, provide, in addition to any other remedies authorized by law,
for any of the remedies described in paragraph (2).
LIE #5: PG 50 Section 152 in HC bill - HC WILL BE PROVIDED TO ALL NON-US CITIZENS, illegal
or otherwise.
TRUTH: This section is easy to read and exactly as it is titled: Discrimination
will be prohibited. Nothing mentioned whatsoever about non-US citizens.
Read for yourself:
SEC. 152. PROHIBITING DISCRIMINATION IN HEALTH CARE.
(a) IN GENERAL.—Except as otherwise explicitly permitted by this Act and by subsequent
regulations consistent with this Act, all health care and related services
(including insurance coverage and public health activities) covered by this Act shall be provided
without regard to personal characteristics extraneous to the provision of
high quality health care or related services.
(b) IMPLEMENTATION.—To implement the requirement set forth in subsection (a), the Secretary of
Health and Human Services shall, not later than 18 months after the date of the enactment of this
Act, promulgate such
regulations as are necessary or appropriate to insure that all health care and related services
(including insurance coverage and public health activities) covered by this Act
are provided (whether directly or through contractual, licensing, or other arrangements) without
regard to personal characteristics extraneous to the provision of high quality health care or related
services.
LIE #6 : Pg 170 Lines 1-3 HC Bill- ALL NON-RESIDENT ALIENS will be exempt from individual taxes.
(Resident Americans will pay)
TRUTH: This and the above several pages refer to amendment of the tax
code. Non resident aliens who are working legally in the USA don’t have to
pay the 2.5% penalty that tax paying citizens will if they don’t have some type
of health care. This is normal: Americans working in other countries are
exempt from many or most of the tax laws of that country.
Read for yourself:
(2) NONRESIDENT ALIENS.—Subsection (a)
2 shall not apply to any individual who is a nonresident alien.
LIE #7: Pg 58 HC Bill - Govt will have real-time access to individuals
finances & a National ID Health card will be issued.
And
LIE #8: Pg 59 HC Bill lines 21-24 Govt will have direct access to your bank accounts f or
electronic funds transfer, no choice.
TRUTH: This has nothing to do with “individual finances”, which makes it
sound like the gov. will monitor bank accounts. These several pages are
offering guidelines for making billing and other patient information available
electronically and in “real time”, and setting standards, implementation and
enforcement for transparency and information to be shared with patients.
Read for yourself:
6 Version 5010 transaction standards implemented under this part, the Secretary shall adopt
standards under this section.
‘‘(4) REQUIREMENTS FOR SPECIFIC STANDARDS.—The standards under this section shall be
11 developed, adopted and enforced so as to
(A) clarify, refine, complete, and expand, as needed, the standards required under section
14 1173;
‘(B) require paper versions of standardized transactions to comply with the same
standards as to data content such that a fully compliant, equivalent electronic transaction can be
populated from the data from a paper version; ‘(C) enable electronic funds transfers, in
order to allow automated reconciliation with the
related health care payment and remittance advice;
‘D) require timely and transparent claim and denial management processes, including
racking, adjudication, and appeal processing;
(E) require the use of a standard electronic transaction with which health care providers may
quickly and efficiently enroll with a health plan to conduct the other electronic
transactions provided for in this part; and (F) provide for other requirements relating to
administrative simplification as identified by the Secretary, in consultation with stake holders.
(5) BUILDING ON EXISTING STANDARDS.—In
developing the standards under this section, the Secretary shall build upon existing and planned
standards.
(6) IMPLEMENTATION AND ENFORCEMENT.—Not later than 6 months after the date of the
enactment of this section, the Secretary shall submit to 20 the appropriate committees of Congress
a plan for the implementation and enforcement, by not later 22 than 5 years after such date of
enactment, of the 23 standards under this section. Such plan shall in include—
(A) a process and time frame with milestones for developing the complete set of standards;
‘(B) an expedited upgrade program for continually developing and approving additions
and modifications to the standards as often as annually to improve their quality and extend
their functionality to meet evolving requirements in health care;
(C) programs to provide incentives for and ease the burden of, implementation for certain health
care providers, with special consideration given to such providers serving rural or
under served areas and ensure coordination with standards, implementation specifications, and
certification criteria being adopted under the ‘(D) programs to provide incentives for,
and ease the burden of, health care providers who volunteer to participate in the process of
setting standards for electronic transactions;
‘(E) an estimate of total funds needed to ensure timely completion of the implementation
plan; and (F) an enforcement process that include timely investigation of complaints, random
audits to ensure compliance, civil monetary and programmatic penalties for non-compliance
consistent with existing laws and regulations, fair and reasonable appeals process building
off of enforcement provisions under this part.
(b) LIMITATIONS ON USE OF DATA.—Nothing in this section shall be construed to permit the use
of information collected under this section in a manner that would 11 adversely affect any individual.
(c) PROTECTION OF DATA.—The Secretary shall ensure (through the promulgation of regulations
or other wise) that all data collected pursuant to subsection (a) are used and disclosed in a
manner that meets the HIPAA privacy and security law (as defined in
section 3009(a)(2) of the Public Health Service Act), including any privacy or security standard
adopted under section 3004 of such Act; and (2) protected from all inappropriate internal
use by any entity that collects, stores, or receives the data, including use of such data in
determinations of eligibility (or continued eligibility) in health plans,
and from other inappropriate uses, as defined by the 2 Secretary.’’.
(2) DEFINITIONS.—Section 1171 of such Act 4 (42 U.S.C. 1320d) is amended—
(A) in paragraph (7), by striking ‘‘with 6 reference to’’ and all that follows and inserting
‘with reference to a transaction or data element of health information in section 1173
means implementation specifications, certification criteria, operating rules, messaging formats,
codes, and code sets adopted or established by the Secretary for the electronic ex
change and use of information’’; and by adding at the end the following new
paragraph: (9) OPERATING RULES.—The term ‘operating rules’ means business rules for using
and processing transactions. Operating rules should address the following:
(A) Requirements for data content using available and established national standards.
‘(B) Infrastructure requirements that establish best practices for streamlining data flow
to yield timely execution of transactions.
LIE #9: "Pg 72 Lines 8-14: Govt is creating an HC EXCHANGE to bring private HC plans under
Govt control."
TRUTH: Pg 72 Lines 8-14: This section refers to transparency and choice!
Read it yourself:
Subtitle A—Health Insurance Exchange
6 SEC. 201. ESTABLISHMENT OF HEALTH INSURANCE EX
CHANGE; OUTLINE OF DUTIES; DEFINITIONS.
(a) ESTABLISHMENT.—There is established within
the Health Choices Administration and under the direction of the Commissioner a Health Insurance
Exchange in order to facilitate access of individuals and employers, through a transparent process,
to a variety of choices of
affordable, quality health insurance coverage, including a
public health insurance option.
LIE #10: PG 84 Sec 203 HC bill - Govt mandates ALL benefit pkgs for private HC plans in the
Exchange.
TRUTH: Sec 203 is very vague, but seeks to establish compatibility
guidelines.
Read for yourself:
.(a) IN GENERAL.—The Commissioner shall specify
the benefits to be made available under Exchange-participating health benefits plans during each
plan year, consistent with subtitle C of title I and this section.
9 (b) LIMITATION ON HEALTH BENEFITS PLANS OF OR
BY OFFERING ENTITIES.—The Commissioner may
not enter into a contract with a QHBP offering entity
under section 204(c) for the offering of an Exchange-participating health benefits plan in a service
area unless the
following requirements are met:
(1) REQUIRED OFFERING OF BASIC PLAN.—The
entity offers only one basic plan for such service
area.
(2) OPTIONAL OFFERING OF ENHANCED
PLAN.—If and only if the entity offers a basic plan
for such service area, the entity may offer one enhanced plan for such area.
(3) OPTIONAL OFFERING OF PREMIUM PLAN.—
If and only if the entity offers an enhanced plan for such service area, the entity may offer one
premium plan for such area.
LIE #12: Pg 95 HC Bill Lines 8-18 The Govt will use groups i.e., ACORN & Americorps to sign up
individuals for Govt HC plan.
TRUTH: NO MENTION TO ACORN OR ANY OTHER SPECIFIC
ORGANIZATION: THIS MERELY STATES IMPORTANCE OF REACHING
OUT TO VULNERABLE POPULATIONS!
Read for yourself:
(a) IN GENERAL.—
8 (1) OUTREACH.—The Commissioner shall conduct outreach activities consistent with subsection
(c), including through use of appropriate entities as described in paragraph (4) of such subsection,
to inform and educate individuals and employers about the Health Insurance Exchange and
Exchange-participating health benefits plan options. Such out reach shall include outreach specific
to vulnerable populations, such as children, individuals with disabilities, individuals with mental
illness, and individuals with other cognitive impairments.
Lie #13 pg 124 Lines 24-25 HC No company can sue Government on price fixing. No "judicial
review" against Government Monopoly.
TRUTH: These three sentences are taken out of context! There are
other avenues for complaints. No mention of gov. monopoly whatsoever!
Read text above about "individual Finances": this portion of the bill presents a
complaint and remedy process.
Read for yourself:
(f) LIMITATIONS ON REVIEW.—There shall be no administrative or judicial review of a payment
rate or methodology established under this section or under section (See above, and further text
within bill: Page 58-62)
Lie #14: pg 127 Lines 1-16 HC Bill -DOCTORS/ AMA - The Govt will tell you what your salary will be
TRUTH: This has nothing to do with you, unless you are a physician! Its all about doctors and
payment rate. If you earn your living as a physician, I would certainly research this further.
(1) PHYSICIANS.—The Secretary shall provide
2 for the annual participation of physicians under the
3 public health insurance option, for which payment
4 may be made for services furnished during the year,
5 in one of 2 classes:
6 (A) PREFERRED PHYSICIANS.—Those physicians who agree to accept the payment rate
8 established under section 223 (without regard
9 to cost-sharing) as the payment in full.
10 (B) PARTICIPATING, NON-PREFERRED
11 PHYSICIANS.—Those physicians who agree not
12 to impose charges (in relation to the payment
13 rate described in section 223 for such physicians) that exceed the ratio permitted under
15 section 1848(g)(2)(C) of the Social Security
16 Act.
17 (2) OTHER PROVIDERS.—The Secretary shall
18 provide for the participation (on an annual or other
19 basis specified by the Secretary) of health care providers (other than physicians) under the
public
21 health insurance option under which payment shall
22 only be available if the provider agrees to accept the
23 payment rate established under section 223 (without
24 regard to cost-sharing) as the payment in full.
1 (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).
Lie #15: Pg 145 Line 15-17 All Employers MUST auto enroll employees into public option plan. NO
CHOICE
TRUTH: This section says employers must offer health care either through private or public plans.
SEC. 312. EMPLOYER RESPONSIBILITY TO CONTRIBUTE TOWARDS EMPLOYEE AND
DEPENDENT COVERAGE.
(a) IN GENERAL.—An employer meets the requirements of this section with respect to an
employee if the 23 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 2 plan or other than through such a plan.
Lie #22: PG 425 Lines 22-25, 426 Lines 1-3 Govt provides approved list of end of life resources,
guiding you in death.
TRUTH: OK, this one may be true, but the point is guiding you "in" death, not "to your death!"The
lie is in the implication that this is a bad thing! This describes the creation of an informative
handbook to help us deal with the decisions and task relating to our own death or the death of
loved ones.
Read for yourself:
10 ‘‘(B) PROPOSED SET OF MEASURES.—The
Secretary shall publish in the Federal Register proposed quality measures on end of life care
and advanced care planning that the Secretary determines are described in subparagraph (A)
and would be appropriate for eligible professionals to use to submit data to the Secretary.
The Secretary shall provide for a period of public comment on such set of measures before
finalizing such proposed measures.’’.
20 (c) INCLUSION OF INFORMATION IN MEDICARE & YOU HANDBOOK.—
(1) MEDICARE & YOU HANDBOOK.—
(A) IN GENERAL.—Not later than 1 year after the date of the enactment of this Act, the 25
Secretary of Health and Human Services shall update the online version of the Medicare &
You Handbook to include the following: (i) An explanation of advance care
planning and advance directives, including—
(I) living wills;
(II) durable power of attorney;
(III) orders of life-sustaining
treatment; and
(IV) health care proxies.
(ii) A description of Federal and State
resources available to assist individuals
and their families with advance care planning and advance directives, including—(I) available State
legal service
organizations to assist individuals with advance care planning, including
those organizations that receive funding pursuant to the Older Americans
Act of 1965 (42 U.S.C. 93001 et eq.);
(II) website links or addresses for
State-specific advance directive forms;and
(III) any additional information,
as determined by the Secretary.
(B) UPDATE OF PAPER AND SUBSEQUENT
VERSIONS.—The Secretary shall include the in
formation described in subparagraph (A) in all
paper and electronic versions of the Medicare &
You Handbook that are published on or after
the date that is 1 year after the date of the enactment of this Act.
Lie #21: Pg 425 Lines 17-19 Govt will instruct & consult regarding living wills, durable powers of
atty. Mandatory!
Lie #23: : PG 427 Lines 15-24 Govt mandates program for orders for end of life. The Govt has a
say in how your life ends
Lie: Pg 429 Lines 1-9 An "adv. care planning consult" will be used frequently as patients health
deteriorates.
Lie: PG 429 Lines 10-12 "adv. care consultation" may include an ORDER FOR END OF LIFE
plans. AN "ORDER" from the GOVERNMENT on when your life ends.
Lie: Pg 429 Lines 13-25 - The govt will specify which Doctors can write an end of life order.
Lie: PG 430 Lines 11-15 The Govt will decide what level of treatment you will have at end of life.
TRUTH: Most heinous lies of them all! Notice they are repeating their claims, restating them in
different ways, to make this sound really bad; also repetition is the most powerful rhetorical devise
for getting readers to remember and believe something. RIght now only wealthy people can afford
to pay lawyers and estate planners thousands of dollars to write up the legal paperwork for "living
wills". Because most people don't have one, at times of critical illness patients and families and
doctors must scramble to make vital decisions that would be better made with careful planning and
thought. This was a caring amendment crafted by a Republican senator who wants all Americans to
have the opportunity to seek end-of-life counseling at now charge to them. This has nothing to do
whatsoever with the gov. making choices: the "orders" referred to are directives from patients and
their doctors about their own care. By being in the bill, it assures that doctor consultations about
end-of-life will be paid for by this health care plan.
Read for yourself!
‘‘(I) in which all legal barriers have been addressed for enabling orders for life sustaining
treatment to constitute a set of medical orders respected across all care settings; and
(II) that has in effect a program for orders for life sustaining treatment described in
clause (iii). ‘(iii) A program for orders for life sustaining treatment for a States described in this
clause is a 429 HR 3200 IH (4) A consultation under this subsection may include the formulation of
an order regarding life sustaining treatment or a similar order. (A) For purposes of this section, the
term ‘order regarding life sustaining treatment’ means, with respect to an individual, an actionable
medical order relating to the treatment of that individual that— (i) is signed and dated by a
physician (as defined in subsection (r)(1)) or another health care professional (as specified by the
Secretary and who is acting within the scope of the professional’s authority under State law in
signing such an order, including a nurse practitioner or physician assistant) and is in a form that
permits it to stay with the individual and be followed by health care professionals and providers
across the continuum of care;‘(ii) effectively communicates the individual’s
preferences regarding life sustaining treatment, including an indication of the
treatment and care desired by the individual; (iii) is uniquely identifiable and
standardized within a given locality, region, or State (as identified by the
Secretary); (iv) may incorporate any advance directive (as defined in section
1866(f)(3)) if executed by the individual. (B) The level of treatment indicated under
subparagraph (A)(ii) may range from an indication for full treatment to an indication to limit some or
all or specified interventions. Such indicated levels of treatment may include indications respecting,
among other items—‘(i) the intensity of medical intervention if the patient is pulse less, apneic, or
has serious cardiac or pulmonary problems;(ii) the individual’s desire regarding transfer to a
hospital or remaining at the current care setting; (iii) the use of antibiotics; and ‘(iv) the use of
artificially administered nutrition and hydration.’’.
MORE TO COME SOON, AS TIME PERMITS! VISIT US
AGAIN!
Lie #16: Pg 126 Lines 22-25 Employers MUST pay for HC for part time employees AND their
families.
TRUTH:
Lie #17: Pg 149 Lines 16-24 ANY Employer with payroll 400k & above, who does not provide public
option, pays 8% tax on all payroll.
TRUTH:
Lie #18: Pg 239 Line 14-24 HC Bill- Govt WILL REDUCE PHYSICIAN SERVICES for Medicaid
Seniors, and low income people.
TRUTH:
Lie #19: Pg 241 Line 6-8 HC Bill - Doctors, doesn't matter what specialty you have, you'll all be
paid the same
TRUTH:
Lie #20: PG 425 Lines 4-12 Govt mandates Advance Care Planning Consultations. (seniors)
TRUTH:
Lie: pg 150 Lines 9-13 Businesses with payroll btw 251k & 400k who doesn't provide public option
pays 2-6% tax on all payroll.
Lie: Pg 195 HC Bill -officers & employees of HC Admin (GOVT) will have access to ALL Americans
finances & personal records.
Lie: 203 Line 14-15 HC - "The tax imposed under this section shall not be treated as tax".
(H.C. 3200 AMERICA HEALTH CHOICES ACT)
REALLY MEANS!
A DIRECT LINE-BY-LINE REFUTATION OF THE LIES!
Welcome everyone! I've created this page as a contribution to an important issue, health care, but
even more than that: to encourage you to think deeply for yourselves and not fall victim to "herd
mentality". Also called "group think", this powerful but underestimated phenomena we're been
witnessing in recent days begins as angry or fearful individuals blindly accept the rhetoric or
behavior of others in their group and react even more emotionally, without critical thought or
compassion towards others outside their group. Those screaming mobs at town hall meetings,
soccer fans who beat up their opponents' supporters, otherwise upstanding fraternity boys who
commit group rape, and the Germans who blindly followed Hitler as he institutionalized the murder
of over 6 million Jews, catholics, gypsies and homosexuals are all victims of group think, just like
those who believe Obama's health care plan is calling for "death panels" and forced abortions!
As a University-level Communication Teacher and corporate trainer for the last twenty years, I have
taught students across the world, including active duty military personnel in Bosnia, Germany &
Alaska, Dept of Defense Contractors in Kosovo & Macedonia, ESL students in Korea & China,
Refugees in Israel & Hong Kong, and "traditional" college students in Denver, South Carolina,
Washington & Santa Barbara. They have been rich and poor, democrats and republicans, liberal
and conservative. I've respected all of their diverse opinions, and have tried very hard to teach
them values of respect, diversity and intelligent free discourse. Concepts integrated into all my
courses include the importance of "Truth in Speaking", critical thinking, listening skills, sound
argumentation, research skills and ethics.
What I have been hearing on the news and blogs regarding the National Health care debate over
the past year, and especially this week, scares me, sickens me, and really excites me! Yes, I see
hope for the future coming out of these heated discussions, but only if we can see our way through
the muddied ignorance, lies, and INTENTIONAL misinformation from other communication experts,
which at times reeks of downright EVIL!
The only ways to fight lies is with the truth. I'm not calling my opinion "the truth". I don't like every
part of the proposed health care policy as cited in HR 3200. But it a remarkable feat of proposals
that deserve and need to be read, understood and intelligibly debated. Even if you think you don't
want any nationalized health care, how can you create something better if you don't understand
what is really on the table and defend your position? Lies are a house of cards that will come
crumbling down eventually. And if you really are patriotic, I mean really: if you really care about
your fellow citizens and believe in the concept "love thy neighbor", don't you have to start by
listening and understanding your neighbors position, rather than putting words in their mouths that
aren't theirs and then beating them up for it? Our country was founded on the principles of open
and INTELLIGENT discourse and debate. Let's make our fore-fathers and mothers proud.
Most native English speakers who have the time and patience to read the actual text who
graduated from the 8th grade should have no problem understanding the terminology of the bill. (I
am also a Realtor and the documents buyers and sellers must read have language far more
complex and confusing than this one!)
With that said, many people won't take the time to read or even skim through a 900+ congressional
document, just as you might not read a 900 page work of fiction (well, with the exception of the
"Twilight" or "Harry Potter"!). And yes, It is rather dry. But at the same time, it's like a potential
Christmas/Hannukah wish list of new presents: new benefits that you and your loved ones will be
receiving, or should I say earning (through taxes you have been paying your whole adult life)!
To this end, I have taken on the mission of removing a tower of babel brick by brick, and confront a
very wide-spread list of lies published (anonymously, of course) on a white-supremest website
called Rense: http://rense.com/general87/dlead.htm that is largely responsible for spreading
disinformation, confusion and fear about the National Health Care proposal. (I have to believe If
most anti-health care protesters knew these were the kind of people disseminating the info they
have been spouting, they'd be horrified!) I am providing a simple analysis of each claim, to help
Americans -- and the whole world -- understand the health care bill that is now in front of congress.
To do this I am reading the full text document, summarizing it, and then attaching the original text
pertaining to each section so readers can make their own interpretations. (See Below)
What makes Rense's pseudo-document so "evil" is that it is being presented as "evidence", as
"logical "proof, so people glance at it and believe that the health care plan being debated in
congress is something that is harmful to people and to our nation. It looks like a line-by-line
summary of the plan, so citizens reading it are assuming it is "true".
But anyone who reads the actual text will see that the references are taken out of context, they are
full of hyperbole (exaggeration) equivocation (manipulating double meaning of words) and other
dangerous fallacies. (faulty reasoning). Whom ever wrote this list of lies was either so stupid that
they couldn't interpret anything right, or, as I suspect, brilliant with manipulating words for the
purpose of, well, manipulation and confusion, and-- and therefore VERY dangerous. Of course, no
one is coming forward and admitting to writing it. Is the author a PR person from an insurance
company, a right-wing militia group, or perhaps Dick Cheney, Rush Limbaugh or Carl Rove?
Hmmmm....
Please do read the full text for yourself, and then decide who is giving a closer and more accurate
interpretation of the policy.
CHALLENGE TO THE BILL'S OPPONENTS:
What surprised me the most when I read this bill it is how unspecific about the details of healthcare
it really is. Many of the sections are very general and vague -- they seem to serve as the first
broad strokes that set the parameters for further study, decision making, leadership and
integration with constitutional law, current government health care plans like social security and
Medicaid, and structures that allow for and integrate private and employer-paid plans.
Those seeking to find evidence of a new totalitarian regime, "death panels", invasion of privacy
rights and dictates to physicians of how or how not to practice health care will likely come up empty
handed, but by all means, I encourage you to read my comments, the bill itself, and TRY TO FIND
REAL, LOGICAL & MEANINGFUL SUPPORT TO YOUR CLAIMS! If you can do this, I promise to
post them on this site.
OK, without further ado, here it is. I have not altered the text of the bill in anyway, other than
removing line numbers at the beginning of each sentence for easier reading sake. You can find the
Entire full length text version of the H.R. 3200 Health care Bill by clicking here. Below I have pasted
sections which pertain specifically to the lies propagated on the website mentioned at the
beginning of my site. It wasn't enough just to post the few sentences referred to on the list of lies,
but to understand the meaning with the proper context, the paragraphs above or below are often
needed.
Most sincerely, Amy B. Katz, M.A. August 13, 2009
PS. In the interest of transparency, I want to let readers know that I do long for some kind of
Nationalized Health Care! Personally I have needed to go to the doctor for over a year (I had two
miscarriages and need follow up appointments/tests that will cost thousand of dollars). But I don't
have the money yet, even though I have three careers and work constantly: none of them offer
health insurance. It makes me so sad to know 150 million other adults and children, many much
more disadvantaged than me, are dying and suffering because they can't get the care they need. If
you don't want the government to provide health care for all, then please create a better plan for
us to take care of ALL of our fellow community members, whenever needed.
H.R. 3200: AMERICA’S HEALTH CHOICES ACT
Lie #1: Pg 22 of the HC Bill MANDATES the Government will audit books of ALL EMPLOYERS
WHO SELF-INSURE!!
The Truth: Pg 22 only calls for a research study!
Read for yourself!
(1) STUDY.—The Commissioner, in coordination with the Secretary of Health and Human
Services and the Secretary of Labor, shall conduct a study of the large group insured and self-
insured employer health care markets. Such study shall examine the following:
(A) The types of employers by key characteristics, including size, that purchase insured
products versus those that self-insure.
(B) The similarities and differences between typical insured and self-insured health plans.
(C) The financial solvency and capital re
serve levels of employers that self-insure by employer size.
(D) The risk of self-insured employers not
being able to pay obligations or otherwise be
coming financially insolvent.
(E) The extent to which rating rules are likely to cause adverse selection in the large
group market or to encourage small and mid
size employers to self-insure
Lie #2: Pg 30 Sec 123 of HC bill - THERE WILL BE A GOVT COMMITTEE which decides what
treatments & benefits you get.
Truth: This is the heart of the bill, and delineates how the government will
develop the health care plan: how an informed & diverse committee of non-
governmental employees will form to set standards for care to ensure effective
coverage.
Read for yourself!
To provide benefits that are actuarially equivalent to approximately 70 percent of the full
actuarial value of the benefits provided under the reference benefits package described in sub
paragraph (B).
(B) REFERENCE BENEFITS PACKAGE DESCRIBED.—The reference benefits package
described in this subparagraph is the essential benefits package if there were no cost-sharing
imposed.
SEC. 123. HEALTH BENEFITS ADVISORY COMMITTEE.
a) ESTABLISHMENT.—
(1) IN GENERAL.—There is established a private-public advisory committee which shall be a
panel of medical and other experts to be known as the Health Benefits Advisory Committee to
recommend covered benefits and essential, enhanced, and premium plans.
(2) CHAIR.—The Surgeon General shall be a member and the chair of the Health Benefits
Advisory Committee.
(3) MEMBERSHIP.—The Health Benefits Advisory Committee shall be composed of the following
members, in addition to the Surgeon General:
(A) 9 members who are not Federal employees or officers and who are appointed by the President.
(B) 9 members who are not Federal employees or officers and who are appointed by
the Comptroller General of the United States in a manner similar to the manner in which the
Comptroller General appoints members to the Medicare Payment Advisory Commission under
section 1805(c) of the Social Security Act.
(C) Such even number of members (not to exceed 8) who are Federal employees and
officers, as the President may appoint.
Such initial appointments shall be made not later than 60 days after the date of the enactment of
this Act.
(4) TERMS.—Each member of the Health Benefits Advisory Committee shall serve a 3-year term
on 19 the Committee, except that the terms of the initial 20 members shall be adjusted in order to
provide for a 21 staggered term of appointment for all such members.
(5) PARTICIPATION.—The membership of the Health Benefits Advisory Committee shall at least
reflect providers, consumer representatives, employer raters, labor, health insurance issuers,
experts in health care financing and delivery, experts in racial and ethnic disparities, experts in
care for those with disabilities, representatives of relevant governmental agencies and at least one
practicing physician or other health professional and an expert on children’s
health and shall represent a balance among various sectors of the health care system so that no
single sector unduly influences the recommendations of such Committee.
(b) DUTIES.—
(1) RECOMMENDATIONS ON BENEFIT STANDARDS.—The Health Benefits Advisory Committee
shall recommend to the Secretary of Health and
Human Services (in this subtitle referred to as the ‘‘Secretary’’) benefit standards (as defined in
paragraph (4)), and periodic updates to such standards. In developing such recommendations,
the Committee shall take into account innovation in health care and consider how such standards
could reduce health disparities.
LIE#3: Pg 354 Sec 1177 - Govt WILL RESTRICT ENROLLMENT of Special Needs people.
THE TRUTH: This and the next section mention an exploration of state
Medicaid programs and how they integrate with this plan. Nothing here says
that Special Needs people will not have health care!
In fact, at the bottom of this section it stipulates increases in payment
coverage for Medicaid!
Read for yourself!
SEC. 1177. EXTENSION OF AUTHORITY OF SPECIAL NEEDS
4 PLANS TO RESTRICT ENROLLMENT.
(a) IN GENERAL.—Section 1859(f)(1) of the Social
security Act (42 U.S.C. 1395w–28(f)(1)) is amended by
striking ‘‘January 1, 2011’’ and inserting ‘‘January 1,
2013 (or January 1, 2016, in the case of a plan described
in section 1177(b)(1) of the America’s Affordable Health
Choices Act of 2009)’’.
(b) GRANDFATHERING OF CERTAIN PLANS.—
(1) PLANS DESCRIBED.—For purposes of section 1859(f)(1) of the Social Security Act (42
U.S.C. 1395w–28(f)(1)), a plan described in this
paragraph is a plan that had a contract with a State
that had a State program to operate an integrated
Medicaid-Medicare program that had been approved
by the Centers for Medicare & Medicaid Services as
of January 1, 2004.
(2) ANALYSIS; REPORT.—The Secretary of
Health and Human Services shall provide, through
a contract with an independent health services evaluation organization, for an analysis of the plans
described in paragraph (1) with regard to the impact
of such plans on cost, quality of care, patient satisfaction, and other subjects as specified by the
Secretary. Not later than December 31, 2011, the Secretary shall submit to Congress a report on
such analysis and shall include in such report such recommendations with regard to the treatment
of such
plans as the Secretary deems appropriate.
Subtitle E—Improvements to Medicare Part D SEC. 1181. ELIMINATION OF COVERAGE GAP.
(a) IN GENERAL.—Section 1860D–2(b) of such Act (42 U.S.C. 1395w–102(b)) is amended—
(1) in paragraph (3)(A), by striking ‘‘paragraph (4)’’ and inserting ‘‘paragraphs (4) and (7)’’;
(2) in paragraph (4)(B)(i), by inserting ‘‘subject to paragraph (7)’’ after ‘‘purposes of this part’’;
and (3) by adding at the end the following new ‘(7) PHASED-IN ELIMINATION OF COVERAGE
GAP.—
‘(A) IN GENERAL.—For each year beginning with 2011, the Secretary shall consistent
initial coverage limit (described in subsection (b)(3)) and decrease the annual out-of-pocket
threshold from the amounts otherwise computed until there is a continuation of coverage from
the initial coverage limit for expenditures in curred through the total amount of expenditures at
which benefits are available under paragraph (4).
(B) INCREASE IN INITIAL COVERAGE LIMIT.—For a year beginning with 2011, the
initial coverage limit otherwise computed with out regard to this paragraph shall be increased
by 1⁄2 of the cumulative phase-in percentage (as 12 defined in subparagraph (D)(ii) for the year)
times the out-of-pocket gap amount (as defined in subparagraph (E)) for the year.
(C) DECREASE IN ANNUAL OUT-OF-POCKET THRESHOLD.—For a year beginning with
2011, the annual out-of-pocket threshold other wise computed without regard to this paragraph
shall be decreased by 1⁄2 of the cumulative phase-in percentage of the out-of-pocket gap
amount for the year multiplied by 1.75.
LIE #4: Pg 42 of HC Bill - The Health Choices Commissioner will choose your HC Benefits for you.
THE TRUTH: The Bill establishes a position called “Health Choices
Commissioner” who would report to the President and be responsible for
ensuring Health Benefit Standards and overseeing the diverse committee
mentioned in #2. It says that the HCC Commissioner will follow the same
rules/pay structure/etc. As the Social Security Commissioner as set forth by
the Social Securities Act.
Read for yourself:
Subtitle E—Governance
SEC. 141. HEALTH CHOICES ADMINISTRATION; HEALTH CHOICES COMMISSIONER.
(a) IN GENERAL.—There is hereby established, as an
independent agency in the executive branch of the Government, a Health Choices Administration
(in this division
referred to as the ‘‘Administration’’).
(b) COMMISSIONER.—
(1) IN GENERAL.—The Administration shall be
headed by a Health Choices Commissioner (in this
division referred to as the ‘‘Commissioner’’) who
shall be appointed by the President, by and with the
advice and consent of the Senate.
(2) COMPENSATION; ETC.—The provisions of
paragraphs (2), (5), and (7) of subsection (a) (relating to compensation, terms, general powers,
rule making, and delegation) of section 702 of the Social
Security Act (42 U.S.C. 902) shall apply to the
Commissioner and the Administration in the same
manner as such provisions apply to the Commissioner of Social Security and the Social Security
Administration.
3 SEC. 142. DUTIES AND AUTHORITY OF COMMISSIONER.
(a) DUTIES.—The Commissioner is responsible for
carrying out the following functions under this division:
(1) QUALIFIED PLAN STANDARDS.—The establishment of qualified health benefits plan standards
under this title, including the enforcement of such
standards in coordination with State insurance regulators and the Secretaries of Labor and the
Treasury.
(2) HEALTH INSURANCE EXCHANGE.—The establishment and operation of a Health Insurance
Exchange under subtitle A of title II.
(3) INDIVIDUAL AFFORDABILITY CREDITS.—
The administration of individual affordability credits
under subtitle C of title II, including determination
of eligibility for such credits.
(4) ADDITIONAL FUNCTIONS.—Such additional
functions as may be specified in this division.
(b) PROMOTING ACCOUNTABILITY.—
(1) IN GENERAL.—The Commissioner shall undertake activities in accordance with this subtitle to
promote accountability of QHBP offering entities in meeting Federal health insurance requirements,
Regardless of whether such accountability is with respect to qualified health benefits plans offered
through the Health Insurance Exchange or outside
of such Exchange.
(2) COMPLIANCE EXAMINATION AND AUDITS.—
(A) IN GENERAL.—The commissioner
shall, in coordination with States, conduct audits of qualified health benefits plan compliance
with Federal requirements. Such audits may include random compliance audits and targeted
audits in response to complaints or other suspected non-compliance.
(B) RECOUPMENT OF COSTS IN CONNECTION WITH EXAMINATION AND AUDITS.—The
Commissioner is authorized to recoup from
qualified health benefits plans reimbursement
for the costs of such examinations and audit of
such QHBP offering entities.
(c) DATA COLLECTION.—The Commissioner shall
collect data for purposes of carrying out the Commissioner’s duties, including for purposes of
promoting quality and value, protecting consumers, and addressing disparities in health and health
care and may share such data with the Secretary of Health and Human Services.
(d) SANCTIONS AUTHORITY.—
(1) IN GENERAL.—In the case that the Commissioner determines that a QHBP offering entity
violates a requirement of this title, the Commissioner may, in coordination with State insurance
regulators and the Secretary of Labor, provide, in addition to any other remedies authorized by law,
for any of the remedies described in paragraph (2).
LIE #5: PG 50 Section 152 in HC bill - HC WILL BE PROVIDED TO ALL NON-US CITIZENS, illegal
or otherwise.
TRUTH: This section is easy to read and exactly as it is titled: Discrimination
will be prohibited. Nothing mentioned whatsoever about non-US citizens.
Read for yourself:
SEC. 152. PROHIBITING DISCRIMINATION IN HEALTH CARE.
(a) IN GENERAL.—Except as otherwise explicitly permitted by this Act and by subsequent
regulations consistent with this Act, all health care and related services
(including insurance coverage and public health activities) covered by this Act shall be provided
without regard to personal characteristics extraneous to the provision of
high quality health care or related services.
(b) IMPLEMENTATION.—To implement the requirement set forth in subsection (a), the Secretary of
Health and Human Services shall, not later than 18 months after the date of the enactment of this
Act, promulgate such
regulations as are necessary or appropriate to insure that all health care and related services
(including insurance coverage and public health activities) covered by this Act
are provided (whether directly or through contractual, licensing, or other arrangements) without
regard to personal characteristics extraneous to the provision of high quality health care or related
services.
LIE #6 : Pg 170 Lines 1-3 HC Bill- ALL NON-RESIDENT ALIENS will be exempt from individual taxes.
(Resident Americans will pay)
TRUTH: This and the above several pages refer to amendment of the tax
code. Non resident aliens who are working legally in the USA don’t have to
pay the 2.5% penalty that tax paying citizens will if they don’t have some type
of health care. This is normal: Americans working in other countries are
exempt from many or most of the tax laws of that country.
Read for yourself:
(2) NONRESIDENT ALIENS.—Subsection (a)
2 shall not apply to any individual who is a nonresident alien.
LIE #7: Pg 58 HC Bill - Govt will have real-time access to individuals
finances & a National ID Health card will be issued.
And
LIE #8: Pg 59 HC Bill lines 21-24 Govt will have direct access to your bank accounts f or
electronic funds transfer, no choice.
TRUTH: This has nothing to do with “individual finances”, which makes it
sound like the gov. will monitor bank accounts. These several pages are
offering guidelines for making billing and other patient information available
electronically and in “real time”, and setting standards, implementation and
enforcement for transparency and information to be shared with patients.
Read for yourself:
6 Version 5010 transaction standards implemented under this part, the Secretary shall adopt
standards under this section.
‘‘(4) REQUIREMENTS FOR SPECIFIC STANDARDS.—The standards under this section shall be
11 developed, adopted and enforced so as to
(A) clarify, refine, complete, and expand, as needed, the standards required under section
14 1173;
‘(B) require paper versions of standardized transactions to comply with the same
standards as to data content such that a fully compliant, equivalent electronic transaction can be
populated from the data from a paper version; ‘(C) enable electronic funds transfers, in
order to allow automated reconciliation with the
related health care payment and remittance advice;
‘D) require timely and transparent claim and denial management processes, including
racking, adjudication, and appeal processing;
(E) require the use of a standard electronic transaction with which health care providers may
quickly and efficiently enroll with a health plan to conduct the other electronic
transactions provided for in this part; and (F) provide for other requirements relating to
administrative simplification as identified by the Secretary, in consultation with stake holders.
(5) BUILDING ON EXISTING STANDARDS.—In
developing the standards under this section, the Secretary shall build upon existing and planned
standards.
(6) IMPLEMENTATION AND ENFORCEMENT.—Not later than 6 months after the date of the
enactment of this section, the Secretary shall submit to 20 the appropriate committees of Congress
a plan for the implementation and enforcement, by not later 22 than 5 years after such date of
enactment, of the 23 standards under this section. Such plan shall in include—
(A) a process and time frame with milestones for developing the complete set of standards;
‘(B) an expedited upgrade program for continually developing and approving additions
and modifications to the standards as often as annually to improve their quality and extend
their functionality to meet evolving requirements in health care;
(C) programs to provide incentives for and ease the burden of, implementation for certain health
care providers, with special consideration given to such providers serving rural or
under served areas and ensure coordination with standards, implementation specifications, and
certification criteria being adopted under the ‘(D) programs to provide incentives for,
and ease the burden of, health care providers who volunteer to participate in the process of
setting standards for electronic transactions;
‘(E) an estimate of total funds needed to ensure timely completion of the implementation
plan; and (F) an enforcement process that include timely investigation of complaints, random
audits to ensure compliance, civil monetary and programmatic penalties for non-compliance
consistent with existing laws and regulations, fair and reasonable appeals process building
off of enforcement provisions under this part.
(b) LIMITATIONS ON USE OF DATA.—Nothing in this section shall be construed to permit the use
of information collected under this section in a manner that would 11 adversely affect any individual.
(c) PROTECTION OF DATA.—The Secretary shall ensure (through the promulgation of regulations
or other wise) that all data collected pursuant to subsection (a) are used and disclosed in a
manner that meets the HIPAA privacy and security law (as defined in
section 3009(a)(2) of the Public Health Service Act), including any privacy or security standard
adopted under section 3004 of such Act; and (2) protected from all inappropriate internal
use by any entity that collects, stores, or receives the data, including use of such data in
determinations of eligibility (or continued eligibility) in health plans,
and from other inappropriate uses, as defined by the 2 Secretary.’’.
(2) DEFINITIONS.—Section 1171 of such Act 4 (42 U.S.C. 1320d) is amended—
(A) in paragraph (7), by striking ‘‘with 6 reference to’’ and all that follows and inserting
‘with reference to a transaction or data element of health information in section 1173
means implementation specifications, certification criteria, operating rules, messaging formats,
codes, and code sets adopted or established by the Secretary for the electronic ex
change and use of information’’; and by adding at the end the following new
paragraph: (9) OPERATING RULES.—The term ‘operating rules’ means business rules for using
and processing transactions. Operating rules should address the following:
(A) Requirements for data content using available and established national standards.
‘(B) Infrastructure requirements that establish best practices for streamlining data flow
to yield timely execution of transactions.
LIE #9: "Pg 72 Lines 8-14: Govt is creating an HC EXCHANGE to bring private HC plans under
Govt control."
TRUTH: Pg 72 Lines 8-14: This section refers to transparency and choice!
Read it yourself:
Subtitle A—Health Insurance Exchange
6 SEC. 201. ESTABLISHMENT OF HEALTH INSURANCE EX
CHANGE; OUTLINE OF DUTIES; DEFINITIONS.
(a) ESTABLISHMENT.—There is established within
the Health Choices Administration and under the direction of the Commissioner a Health Insurance
Exchange in order to facilitate access of individuals and employers, through a transparent process,
to a variety of choices of
affordable, quality health insurance coverage, including a
public health insurance option.
LIE #10: PG 84 Sec 203 HC bill - Govt mandates ALL benefit pkgs for private HC plans in the
Exchange.
TRUTH: Sec 203 is very vague, but seeks to establish compatibility
guidelines.
Read for yourself:
.(a) IN GENERAL.—The Commissioner shall specify
the benefits to be made available under Exchange-participating health benefits plans during each
plan year, consistent with subtitle C of title I and this section.
9 (b) LIMITATION ON HEALTH BENEFITS PLANS OF OR
BY OFFERING ENTITIES.—The Commissioner may
not enter into a contract with a QHBP offering entity
under section 204(c) for the offering of an Exchange-participating health benefits plan in a service
area unless the
following requirements are met:
(1) REQUIRED OFFERING OF BASIC PLAN.—The
entity offers only one basic plan for such service
area.
(2) OPTIONAL OFFERING OF ENHANCED
PLAN.—If and only if the entity offers a basic plan
for such service area, the entity may offer one enhanced plan for such area.
(3) OPTIONAL OFFERING OF PREMIUM PLAN.—
If and only if the entity offers an enhanced plan for such service area, the entity may offer one
premium plan for such area.
LIE #12: Pg 95 HC Bill Lines 8-18 The Govt will use groups i.e., ACORN & Americorps to sign up
individuals for Govt HC plan.
TRUTH: NO MENTION TO ACORN OR ANY OTHER SPECIFIC
ORGANIZATION: THIS MERELY STATES IMPORTANCE OF REACHING
OUT TO VULNERABLE POPULATIONS!
Read for yourself:
(a) IN GENERAL.—
8 (1) OUTREACH.—The Commissioner shall conduct outreach activities consistent with subsection
(c), including through use of appropriate entities as described in paragraph (4) of such subsection,
to inform and educate individuals and employers about the Health Insurance Exchange and
Exchange-participating health benefits plan options. Such out reach shall include outreach specific
to vulnerable populations, such as children, individuals with disabilities, individuals with mental
illness, and individuals with other cognitive impairments.
Lie #13 pg 124 Lines 24-25 HC No company can sue Government on price fixing. No "judicial
review" against Government Monopoly.
TRUTH: These three sentences are taken out of context! There are
other avenues for complaints. No mention of gov. monopoly whatsoever!
Read text above about "individual Finances": this portion of the bill presents a
complaint and remedy process.
Read for yourself:
(f) LIMITATIONS ON REVIEW.—There shall be no administrative or judicial review of a payment
rate or methodology established under this section or under section (See above, and further text
within bill: Page 58-62)
Lie #14: pg 127 Lines 1-16 HC Bill -DOCTORS/ AMA - The Govt will tell you what your salary will be
TRUTH: This has nothing to do with you, unless you are a physician! Its all about doctors and
payment rate. If you earn your living as a physician, I would certainly research this further.
(1) PHYSICIANS.—The Secretary shall provide
2 for the annual participation of physicians under the
3 public health insurance option, for which payment
4 may be made for services furnished during the year,
5 in one of 2 classes:
6 (A) PREFERRED PHYSICIANS.—Those physicians who agree to accept the payment rate
8 established under section 223 (without regard
9 to cost-sharing) as the payment in full.
10 (B) PARTICIPATING, NON-PREFERRED
11 PHYSICIANS.—Those physicians who agree not
12 to impose charges (in relation to the payment
13 rate described in section 223 for such physicians) that exceed the ratio permitted under
15 section 1848(g)(2)(C) of the Social Security
16 Act.
17 (2) OTHER PROVIDERS.—The Secretary shall
18 provide for the participation (on an annual or other
19 basis specified by the Secretary) of health care providers (other than physicians) under the
public
21 health insurance option under which payment shall
22 only be available if the provider agrees to accept the
23 payment rate established under section 223 (without
24 regard to cost-sharing) as the payment in full.
1 (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).
Lie #15: Pg 145 Line 15-17 All Employers MUST auto enroll employees into public option plan. NO
CHOICE
TRUTH: This section says employers must offer health care either through private or public plans.
SEC. 312. EMPLOYER RESPONSIBILITY TO CONTRIBUTE TOWARDS EMPLOYEE AND
DEPENDENT COVERAGE.
(a) IN GENERAL.—An employer meets the requirements of this section with respect to an
employee if the 23 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 2 plan or other than through such a plan.
Lie #22: PG 425 Lines 22-25, 426 Lines 1-3 Govt provides approved list of end of life resources,
guiding you in death.
TRUTH: OK, this one may be true, but the point is guiding you "in" death, not "to your death!"The
lie is in the implication that this is a bad thing! This describes the creation of an informative
handbook to help us deal with the decisions and task relating to our own death or the death of
loved ones.
Read for yourself:
10 ‘‘(B) PROPOSED SET OF MEASURES.—The
Secretary shall publish in the Federal Register proposed quality measures on end of life care
and advanced care planning that the Secretary determines are described in subparagraph (A)
and would be appropriate for eligible professionals to use to submit data to the Secretary.
The Secretary shall provide for a period of public comment on such set of measures before
finalizing such proposed measures.’’.
20 (c) INCLUSION OF INFORMATION IN MEDICARE & YOU HANDBOOK.—
(1) MEDICARE & YOU HANDBOOK.—
(A) IN GENERAL.—Not later than 1 year after the date of the enactment of this Act, the 25
Secretary of Health and Human Services shall update the online version of the Medicare &
You Handbook to include the following: (i) An explanation of advance care
planning and advance directives, including—
(I) living wills;
(II) durable power of attorney;
(III) orders of life-sustaining
treatment; and
(IV) health care proxies.
(ii) A description of Federal and State
resources available to assist individuals
and their families with advance care planning and advance directives, including—(I) available State
legal service
organizations to assist individuals with advance care planning, including
those organizations that receive funding pursuant to the Older Americans
Act of 1965 (42 U.S.C. 93001 et eq.);
(II) website links or addresses for
State-specific advance directive forms;and
(III) any additional information,
as determined by the Secretary.
(B) UPDATE OF PAPER AND SUBSEQUENT
VERSIONS.—The Secretary shall include the in
formation described in subparagraph (A) in all
paper and electronic versions of the Medicare &
You Handbook that are published on or after
the date that is 1 year after the date of the enactment of this Act.
Lie #21: Pg 425 Lines 17-19 Govt will instruct & consult regarding living wills, durable powers of
atty. Mandatory!
Lie #23: : PG 427 Lines 15-24 Govt mandates program for orders for end of life. The Govt has a
say in how your life ends
Lie: Pg 429 Lines 1-9 An "adv. care planning consult" will be used frequently as patients health
deteriorates.
Lie: PG 429 Lines 10-12 "adv. care consultation" may include an ORDER FOR END OF LIFE
plans. AN "ORDER" from the GOVERNMENT on when your life ends.
Lie: Pg 429 Lines 13-25 - The govt will specify which Doctors can write an end of life order.
Lie: PG 430 Lines 11-15 The Govt will decide what level of treatment you will have at end of life.
TRUTH: Most heinous lies of them all! Notice they are repeating their claims, restating them in
different ways, to make this sound really bad; also repetition is the most powerful rhetorical devise
for getting readers to remember and believe something. RIght now only wealthy people can afford
to pay lawyers and estate planners thousands of dollars to write up the legal paperwork for "living
wills". Because most people don't have one, at times of critical illness patients and families and
doctors must scramble to make vital decisions that would be better made with careful planning and
thought. This was a caring amendment crafted by a Republican senator who wants all Americans to
have the opportunity to seek end-of-life counseling at now charge to them. This has nothing to do
whatsoever with the gov. making choices: the "orders" referred to are directives from patients and
their doctors about their own care. By being in the bill, it assures that doctor consultations about
end-of-life will be paid for by this health care plan.
Read for yourself!
‘‘(I) in which all legal barriers have been addressed for enabling orders for life sustaining
treatment to constitute a set of medical orders respected across all care settings; and
(II) that has in effect a program for orders for life sustaining treatment described in
clause (iii). ‘(iii) A program for orders for life sustaining treatment for a States described in this
clause is a 429 HR 3200 IH (4) A consultation under this subsection may include the formulation of
an order regarding life sustaining treatment or a similar order. (A) For purposes of this section, the
term ‘order regarding life sustaining treatment’ means, with respect to an individual, an actionable
medical order relating to the treatment of that individual that— (i) is signed and dated by a
physician (as defined in subsection (r)(1)) or another health care professional (as specified by the
Secretary and who is acting within the scope of the professional’s authority under State law in
signing such an order, including a nurse practitioner or physician assistant) and is in a form that
permits it to stay with the individual and be followed by health care professionals and providers
across the continuum of care;‘(ii) effectively communicates the individual’s
preferences regarding life sustaining treatment, including an indication of the
treatment and care desired by the individual; (iii) is uniquely identifiable and
standardized within a given locality, region, or State (as identified by the
Secretary); (iv) may incorporate any advance directive (as defined in section
1866(f)(3)) if executed by the individual. (B) The level of treatment indicated under
subparagraph (A)(ii) may range from an indication for full treatment to an indication to limit some or
all or specified interventions. Such indicated levels of treatment may include indications respecting,
among other items—‘(i) the intensity of medical intervention if the patient is pulse less, apneic, or
has serious cardiac or pulmonary problems;(ii) the individual’s desire regarding transfer to a
hospital or remaining at the current care setting; (iii) the use of antibiotics; and ‘(iv) the use of
artificially administered nutrition and hydration.’’.
MORE TO COME SOON, AS TIME PERMITS! VISIT US
AGAIN!
Lie #16: Pg 126 Lines 22-25 Employers MUST pay for HC for part time employees AND their
families.
TRUTH:
Lie #17: Pg 149 Lines 16-24 ANY Employer with payroll 400k & above, who does not provide public
option, pays 8% tax on all payroll.
TRUTH:
Lie #18: Pg 239 Line 14-24 HC Bill- Govt WILL REDUCE PHYSICIAN SERVICES for Medicaid
Seniors, and low income people.
TRUTH:
Lie #19: Pg 241 Line 6-8 HC Bill - Doctors, doesn't matter what specialty you have, you'll all be
paid the same
TRUTH:
Lie #20: PG 425 Lines 4-12 Govt mandates Advance Care Planning Consultations. (seniors)
TRUTH:
Lie: pg 150 Lines 9-13 Businesses with payroll btw 251k & 400k who doesn't provide public option
pays 2-6% tax on all payroll.
Lie: Pg 195 HC Bill -officers & employees of HC Admin (GOVT) will have access to ALL Americans
finances & personal records.
Lie: 203 Line 14-15 HC - "The tax imposed under this section shall not be treated as tax".
photo copywrited by Amy Katz
Pieter Breugel's Tower of Babel