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Monday, March 22, 2010

Obamacare Death Watch: Lawsuits Filed over Healthcare; Virginia, Texas AG’S Suing & 10 to 11 Other States Soon to Follow:

Obamacare Death Watch: Lawsuits Filed over Healthcare; Virginia, Texas AG’S Suing & 10 to 11 Other States Soon to Follow:
By Marc Chamot

If I’m a betting man, all my money is with the U.S. Supreme Court to overturn Obamacare, I am absolutely sure of it.

I have started my new blog series of articles called “Obamacare Death Watch.” People ask, after healthcare just passing, then why are you thinking it’s going away, just as quick as it passed?

And why am I being so negative about Obamacare, knowing full well it will help folks like me? Don’t get me wrong, there are some good aspects of Obamacare, but the costs to have it, during economic depressed times like today; it’s absolutely the wrong time to have it.

And also it’s simple, I’m being a realist about things, I’m using my political prowess, and savvies that makes my blog, the Marc Chamot Report very popular, and pretty much unpopular with liberal Medias around.

I usually do not support or condone judicial interventions’ in political matters like popular voting results and what our congress does, but in this case, I will make one big big exception, and I am going to be an ardent backer for the overturn of Obamacare through the COURTS.

I’m quite surprised that Democrats didn’t see this coming, when they arrogantly went overboard to pass a constitutionally flawed and questionable bill laden with profits for certain groups, by mandating laws to force people to buy a program, without any input from any constitutional courts, lawyers and from the other major political party.

Mandating laws and forcing people to carry healthcare, with fines or possible imprisonments, and even garnishing wages and bank accounts, if someone doesn’t carry the mandated federal programs is absolutely illegal in this country.

The Federal government doesn’t have the constitutional right to force any American to BUY anything, and less alone healthcare insurance. They can tax us, create enforceable laws and policies, but they cannot make us buy anything, period.

Secondly, there are those astronomical hidden costs with Obamacare, with over 15 million unemployed Americans, with 32 million uninsured, plus 12 million undocumented aliens, who right around the corner may be given free paths towards citizenships. It will totally bankrupt this nation. Yeah? We didn’t think about that did we, when some people embarked on the Obamacare bandwagons?

Why do you think the undocumented’s were intentionally left out of the bill? Because the Obama/Pelosi plan was to come right back around and use the very same arm twisting, bribes and other unethical measures, to pass legalization for the undocumented.

Those who are the poorest of the poor and the lowest income earners in America, they are the ones who can least afford to pay full premiums for healthcare; all will be subsidized by taxpayers and more debt.

Thirdly, the taxing thing comes back into play. The money to finance all of this has to come out of somewhere, if the federal government can’t pay it all, they will be raising taxes and then more taxes, and then mandating states to come up with the moneys for this financial wreck.

Seniors are being hit the hardest, those who can least afford it, and they will be obligated and responsible for 25% of the drug costs.

Take a look at Massachusetts themselves, which Obamacare has been fashioned after, their insurance companies, those in charge to cover most of the uninsured have left the state. Now speaking federally, it will allow the federal government to take their place and become the providers for people’s insurance needs.

The whole plan stinks, because it doesn’t reduce the escalating costs of healthcare. Forget about the bad guys within the insurance industries for a minute; take a good look at the escalating costs in drugs and medicine that is not going to be controlled under Obamacare. As in Massachusetts, healthcare costs rose and kept rising, because of their loony programs to cover the uninsured.

See: Factbox: Winners, losers’ in House healthcare bill: The healthcare reform measure passed by the House of Representatives delivers good news for drug makers, device companies, hospitals and medical industries, while losers are Private Medicare, insurers, and taxpayers.

SEE WINNERS
BRAND-NAME DRUGMAKERS
* The pharmaceutical industry keeps its $80 billion agreement to provide savings and rebates. Its fees, to be divided among companies such as Pfizer and Merck & Co, would be delayed from 2010 to 2011, increasing from the initial $2.3 billion a year to $2.7 billion.
* Overall, wider insurance coverage could help offset the costs by providing more potential customers.
* Drugmakers warded off deeper price cuts in the Medicare program for the elderly. The House had sought to fully close the so-called "doughnut hole" where coverage drops temporarily after reaching a certain limit, but the bill maintains the industry's 50-percent discount. The government will pay for another 25-percent discount.
* Lawmakers rejected Obama's plan to end lucrative "pay-for-delay" settlements with brand-name drugmakers, a win for both generic and brand-name companies.
* The bill also discards an earlier provision that would have extended a hospital drug discount program.
BRAND BIOLOGIC DRUGMAKERS
* While the bill sets up a regulatory path for generic versions of expensive biologic drugs, Amgen and Roche's Genentech unit and other biological drugmakers won a 12-year period of exclusive sales for brand-name drugs before facing competition from generic rivals.
DEVICE MAKERS
* Fees for medical device makers, such as Boston Scientific and Medtronic, would be delayed to 2013 after initial bills called for 2010. The sector earlier won a reduced industry tax of $20 billion, down from $40 billion.
* Rather than an overall industry fee, the bill now contains a 2.9 percent sales tax. Certain consumer products, including eyeglasses and contact lenses, are exempt.
HOSPITALS
* Hospitals, which include companies such as Universal Health Services and Tenet Healthcare, say they kept a $155 billion, 10-year deal to accept lower government payments from Medicare and Medicaid in exchange for an expected boost in insured customers.
* A provision that could have helped certain rural and children's hospitals with an expanded drug discount program was dropped.
PHARMACY BENEFIT MANAGERS
* Analysts say increased Medicare drug coverage could boost pharmacy benefit managers (PBM) that administer prescription drug benefits as companies, such as Express Scripts and Medco Health Solutions, could see increased volumes.
* PBMs still face more disclosures but not new taxes. Companies must give the Department of Health and Human Services information about rebates from drugmakers for certain drugs.

See Losers HEALTH INSURERS
“* While health insurers overall still face tighter regulation, companies such as Aetna Inc, Cigna Corp, UnitedHealth Group Inc and WellPoint Inc saw their $67 billion, 10-year tax delayed until 2014.
· Private Medicare plans called Medicare Advantage would see their payments frozen in 2011, then lowered in 2012. The plans, which can offer more benefits than traditional Medicare coverage, would also have to spend at least 85 cents out of every dollar on medical costs -- leaving 15 cents toward overhead and salaries, among other things.”

This is one of my biggest pet peeves, as is with millions of other Americans, the escalating greed within the pharmaceutical and other healthcare industries, on top with that government mandated profits for the industry, it will make them billions of dollars more.

But in the end it will cost us even more, while hurting the insurance industries as it did in Massachusetts, so to purposely let a federal government takeover of the insurance industry; it’s all absolutely and morally wrong things to do.

I would have preferred more price controls and regulations on the skyrocketing costs of the medical and pharmaceutical industries, but mandating laws to hand them more money, especially our taxpayer moneys? This is totally insane!

What a BIG joke, government cannot be trusted on any financial matters, and now they want to be in the insurance business for our healthcare?

So the hits against Obamacare are coming hard, Texas is on board and we’ve got Virginia to sue over healthcare reform NEW YORK (Reuters) - Virginia's attorney general said he plans to sue the federal government over the healthcare reform legislation, saying Congress lacks authority to force people to buy health insurance.

Attorney General Kenneth Cuccinelli, a Republican, said on Monday that Congress lacks authority under its constitutional power to regulate interstate commerce to force people to buy insurance. He said the bill also conflicts with a state law that says Virginians cannot be required to buy insurance.

"If a person decides not to buy health insurance, that person by definition is not engaging in commerce," Cuccinelli said in recorded comments. "If you are not engaging in commerce, how can the federal government regulate you?"

Cuccinelli said he plans to file his lawsuit in federal court in Richmond, Virginia, after President Barack Obama signs the bill into law, which he is expected to do. The bill requires most Americans to have health coverage, and provides subsidies to help lower-income workers afford it.

No Republican voted for the bill, which passed the House on Sunday night by a 219-212 vote.
(Reporting by Jonathan Stempel; editing by John Wallace)

More on States Suing:
States launch lawsuits against healthcare plan (Reuters) - Less than 24 hours after the House of Representatives gave final approval to a sweeping overhaul of healthcare, attorneys general from several states on Monday said they will sue to block the plan on constitutional grounds.

Republican attorneys general in 11 states warned that lawsuits will be filed to stop the federal government overstepping its constitutional powers and usurping states' sovereignty.
States are concerned the burden of providing healthcare will fall on them without enough federal support.

Ten of the attorneys general plan to band together in a collective lawsuit on behalf of Alabama, Florida, Nebraska, North Dakota, Pennsylvania, South Carolina, South Dakota, Texas, Utah and Washington.

"To protect all Texans' constitutional rights, preserve the constitutional framework intended by our nation's founders, and defend our state from further infringement by the federal government, the State of Texas and other states will legally challenge the federal health care legislation," said Texas Attorney General Greg Abbott, in a statement.

The Republican attorney generals say the reforms infringe on state powers under the Constitution's Bill of Rights.

Virginia Attorney General Kenneth Cuccinelli, who plans to file a lawsuit in federal court in Richmond, Virginia, said Congress lacks authority under its constitutional power to regulate interstate commerce to force people to buy insurance. The bill also conflicts with a state law that says Virginians cannot be required to buy insurance, he added.

"If a person decides not to buy health insurance, that person by definition is not engaging in commerce," Cuccinelli said in recorded comments. "If you are not engaging in commerce, how can the federal government regulate you?"

In addition to the pending lawsuits, bills and resolutions have been introduced in at least 36 state legislatures seeking to limit or oppose various aspects of the reform plan through laws or state constitutional amendments, according to the National Conference of State Legislatures.

So far, only two states, Idaho and Virginia, have enacted laws, while an Arizona constitutional amendment is seeking voter approval on the November ballot. But the actual enactment of the bill by President Barack Obama could spur more movement on the measures by state lawmakers.

As is the case on the Congressional level, partisan politics is in play on the state level, where no anti-health care reform legislation has emerged in Democrat-dominated states like Illinois and New York, according to the NCSL.

Florida Attorney General Bill McCollum, a Republican candidate running for governor, said the mandate would cost Florida at least $1.6 billion in Medicaid alone.

All states would receive extra funding to cover Medicaid costs that are expected to rise under the reform, including 100 percent federal coverage for new enrollees under the plan through 2016.
Medicaid is the healthcare program for the poor jointly administered by the states and federal government.

(Reporting by Karen Pierog, additional reporting by Michael Connor in Miami, Jonathan Stempel in New York, Joan Gralla in New York, Lisa Lambert in Washington and Michael Peltier in Tallahassee; Editing by Andrew Hay)

2 comments:

Internation Musing said...

You MUST buy an insurance for your car, by law, to drive your car. So, when you stated that noone can force me to buy an insurance policy that's untrue; car insurance is complulsory in the USA. But a human not?.))

MARC CHAMOT said...

This analogy has been tried and debunked.

Two things: It's not the same. Driving a car is a privilege and secondly, car insurance is mandated by state laws NOT the federal government.

If people don't want to pay car insurance they don't have to drive.

If people don't want to pay for health insurance, they have no options of opting out.

Government cannot force people to buy anything, period.

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