President Obama, read the health care bill

You will not be able to stay with your current health insurance plan.

I’m still slogging my way through the mind-numbing 615 page  “Affordable Health Choices Act” being pushed by Senator Chris Dodd (D- Conn.), so this is likely to become the first in a series of posts dealing with the issue.  But, as “keeping your own plan if you like it” has become a mantra of President Obama, I thought I would address this topic first.

Much has been said about the fact that a government plan will simply undercut the prices charged by private insurers, thus driving them out of business.  But, the Dodd plan is even more insidious than that.  Regardless of cost, you will be driven into the government plan like it or not, and here is the convoluted path that will get you there.

Under Section 3103(h), the government will determine if the insurance plan you currently have, (and perhaps, like), meets a laundry list of criteria.  If it does, your plan will be deemed “qualified”.  One obvious problem, here, is that the secretary of Health and Human Services can, by regulation, set the specific criteria for what is and is not a qualified plan… no vote of Congress, no open discussion, no public input.  An “all wise” cabinet appointee will decide what’s best for you.

Some will take heart in the language of Section 3101 that provides,

Nothing in this [bill] shall be construed to prohibit [an individual] from enrolling in a health insurance plan where such plan is not a qualified plan.

But, read on.

Section 161 of Subtitle D provides,

In the case of any individual who did not have in effect qualifying coverage for any month during the taxable year there is hereby imposed a [tax]…[The Secretary of the Treasury] in consultation with the Secretary of Health and Human Services shall establish the amount [of the tax…which shall be] the minimum practical amount that can accomplish the goal of enhancing participation in qualifying coverage. [emphasis supplied]

So sure, you can keep your own coverage, and your own doctor, even if they are part of a non qualifying plan, that is, until you are taxed to the point where you are forced into the “Obama” plan.

What kind of sick, twisted mind came up with this idea?

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SoundOffSister

The Sound Off Sister was an Assistant United States Attorney for the Southern District of Florida, and special trial attorney for the Department of Justice, Criminal Division; a partner in the Florida law firm of Shutts & Bowen, and an adjunct professor at the University of Miami, School of Law. The Sound Off Sister offers frequent commentary concerning legislation making its way through Congress, including the health reform legislation passed in early 2010.

10 Comments

  1. DuffTerrall on June 25, 2009 at 1:38 am

    "What kind of sick, twisted mind came up with this idea?"

    Unfortunately, I think it was the same mind that came up with the bill. (I'm pretty sure that you mean Kennedy, not Dodd?)

    MA already has a law in place that requires you to carry insurance or they will apply an additional tax. Why not just take it to the next step? After all, it's for our own good, don'tcha know?

    Must carry a /qualifying/ plan, though…



  2. gillie28 on June 25, 2009 at 3:11 am

    So, we HAVE to buy medical insurance even if we don't want to (for whatever the reason)??? Um, don't we call that fascism or dictatorship?

    There are people in this country who don't want medical insurance for reasons to do with faith, spiritual beliefs, that have nothing to do with cost. For example, in the Bible are (not well-known, or discussed) doctrines, panoramic truths, about sickness, disease, health and healing, and ways of looking at this subject from a completely different perspective. These perspectives may conflict with purchasing medical insurance.



  3. TomTGRWolcott on June 25, 2009 at 3:41 am

    Alrighty then,

    I tried to read the health care act

    provided here “Affordable Health Choices Act”

    The language is all Mumbo Jumbo…what citizen of the United States is going to be able to understand this?

    I tried to warn People, they are like No No No its not like that.

    its going to be a mighty deep grave that we get ourselves into if this is passed….Heading to Lowes or HomeDepot now to get a shovel.



  4. Dimsdale on June 25, 2009 at 7:36 am

    Just like people who choose to abandon the government schools for private options: they still pay the taxes to support the government school, thus paying twice (or more) for a single child.

    Why wouldn't the flying monkeys of the government do the same with health care?

    By the way, Kennedy was propped up and is currently giving television commercial support for Dodd the Fraud.



    • TomTGRWolcott on June 25, 2009 at 2:33 pm

      Rush Limbaugh made a good point today

      the question really is this

      "Would you or senator __________ " switch your health care

      in favor of the new one provided for in this new bill

      that President Obama wants to enact?"

      If they say Yes then I guess the plan is not all that bad

      If they say no, that just shows that the plan is not good

      enough for them nor should it be good enough for you.



    • Dimsdale on June 28, 2009 at 3:10 pm

      Just like no unfunded mandates, an all encompassing law should be passed stating that whatever law the Congress passes shall directly apply to them as well, in all aspects, costs and coverage.



  5. Jeff S on June 26, 2009 at 4:44 am

    We vote these fools in and we never learn.



  6. Anne-EH on June 27, 2009 at 9:38 am

    It makes me ask,President Obama, if this new healthcare reform law is so great, why don't you put your wife and children on it?



    • Dimsdale on June 28, 2009 at 3:57 pm

      The ultimate rhetorical question!

      Of course, maybe his wife worries they might be shunted off to other hospitals, just as MO's hospital (under her "Urban Health Initiative") steered patients who didn't have private insurance — primarily poor, black people — to other health care facilities."

      http://www.suntimes.com/news/politics/obama/11226



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