Open Thread: How to Undo ObamaCare
The Supreme Court has agreed to determine the constitutionality of ObamaCare after 26 states have appealed for it to do so. As explicitly stated in the 10th Amendment, the powers not specifically vested in the federal government by the Constitution are reserved to the states and the people, which ObamaCare supersedes by requiring nearly every American to purchase health insurance.
As Yuval Levin explains at National Review, though, opponents should not be so quick to lose focus of the future of our healthcare system. Do you think ObamaCare will be struck down? Read Levin's views after the break, and let us know your thoughts in the comments.
Levin believes the the federal mandate will be overturned, but that it is still not the most serious problem with ObamaCare:
The key problem is the overall concept—which begins from the premise that our system of health-care financing will only keep costs under control if the government becomes an even greater force in the health sector than it is now and proceeds to create a system that will cause premiums to rise rapidly in the individual market and create major dislocation in the employer market, driving people into vastly overregulated exchanges that would push premiums higher still, and then initiate a program of subsidies whose only real answer to the mounting costs of coverage will be to pay them with public dollars and so inflate them further. It aims to spend a trillion dollars on subsidies to large insurance companies and the expansion of an unreformed Medicaid system, to micromanage the insurance industry in ways likely to make it even less efficient, to cut Medicare benefits without using the money to shore up the program or reduce the deficit, and to raise taxes on employment, investment, and medical research. CBO does not expect it to make a real dent in the inflation of health-care costs or to avert the fiscal implosion of Medicare. Instead, it will double down on price controls and centralized administration and make a real reform of our system much more difficult.
Lawyers David B. Rivkin and Lee A. Casey further explained the Medicaid problem at the Wall Street Journal:
...For more than 40 years, Medicaid has been a cooperative federal/state program to fund medical care for the poor. The states also contribute funds and have enjoyed wide discretion in designing and implementing their own programs. Now, as a means of ensuring the universal coverage ObamaCare set out to achieve, Medicaid has been transformed into a massive new health-insurance program for many in the middle class. The states must accept new, detailed federal requirements or lose all federal Medicaid funding—leaving their neediest citizens without any safety net.
Perhaps even more important than what the court decides next summer will be how the public votes in the fall. Do you think the Supreme Court will overturn ObamaCare?
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Comments
The key problem is the
Submitted by MightyMouth on Tue, 11/15/2011 - 12:22pm.
The key problem is the overall concept—which begins from the premise that our system of health-care financing will only keep costs under control if the government becomes an even greater force in the health sector than it is now and proceeds to create a system that will cause premiums to rise rapidly in the individual market and create major dislocation in the employer market, driving people into vastly overregulated exchanges that would push premiums higher still, and then initiate a program of subsidies whose only real answer to the mounting costs of coverage will be to pay them with public dollars and so inflate them further.
That has got to be the longest sentence I have ever seen. I was out of breath by the end.
I agree with it, but for the Love of God give an old guy a break!
MM – Agree 100%
Submitted by Grumpy in Arizona on Tue, 11/15/2011 - 1:26pm.
LOL – Our “Dear Leader’s” speeches are shorter than that sentence!
But as bad as that sentence was, try wading through “Foucault’s Pendulum”… That sucker has some real sentence structure issues!
- Grump :o)
Only if you disinclude the
Submitted by ThatDude on Tue, 11/15/2011 - 9:05pm.
Only if you disinclude the umms and ahhs.
I have a bad feeling about this case.
Submitted by Newsbubba on Tue, 11/15/2011 - 12:29pm.
Not for a minute do I think that the Obama misadministration would let this case go to the Supreme Court so fast if they did not have the outcome fixed ahead of time.
With four votes (probably) against, and four votes absolutely for, they only have to get one judge in the tank to win.
This is the Chicago Way. They are ruthless, and good at fixing the results. This will be rigged, or I'll eat a veggie sissy pizza!
bubba, you are going to go hungry
Submitted by MightyMouth on Tue, 11/15/2011 - 12:40pm.
Some how, some way, Kagen is in... Thomas is out. Don't doubt me on this!
I fear you are right. No way
Submitted by motherbelt on Tue, 11/15/2011 - 1:15pm.
I fear you are right. No way is Kagan going to recuse herself. Or BE recused (if that's a process). And the media will bang the drum and have every person on every show every day howling about Thomas's wife.
This SC case will be another Pepto-Bismol moment I fear.
Submitted by Grumpy in Arizona on Tue, 11/15/2011 - 1:41pm.
If no one is recused - IMO (and as always), the tie breaking vote will come down to Kennedy. I hate to be pessimistic, but if the SC allows this law to stand… I see a great “sea-change” in our nation’s future… and it isn’t going to be a pretty one.
- Grump :o)
If anyone were going to
Submitted by allouchsit on Tue, 11/15/2011 - 2:56pm.
If anyone were going to recuse themselves it would have already happened. All nine justices participated in the discussion of the petitions to hear the case, so all nine justices will ultimately decide the case. If Kagen were an honest person -- and she is not -- she would have already recused herself when the case came up for conference last Thursday. She did not.
Defund it. Unfund it. Kill it when you can.
Submitted by ConservaSerb on Tue, 11/15/2011 - 1:52pm.
No way Thomas should recuse himself. Before he does that, the spouse/significant other [Snottominor & Say-again] of each justice needs to be investigated for their political leanings. In fact, every judge should be given a lie detector about pillow talk.
Say-again has to recuse herself. A prosecutor who prosecuted a defendant can not sit as judge in the same case. She pushed BarryDon'tCare .. . so she can't judge it.
Now to the question of how to "undue" it: Boehner and the other "conservatives" need to find their balls and simply say they're not passing any money for it. Not now. Not ever. I'm still trying to figure out how much discretionary spending this . . . Manchurian Marxist Muslim . . . has authority to spend. It's starting to look like it's virtually unlimited.
After the victory over Soetoro and the takeover of the majority of the Senate and retention of the majority of the House, the VERY FIRST BILL that comes up on January 21, 2013 is repeal of the whole thing. But . . . there also needs to be legislation put in place to address Medicare and Medicaid and some of the ridiculous profits doctors are making off of MRI's and other fancy-shmancy wunderkind.
A wise & frugal government, which shall leave men free 2 regulate their own pursuits of industry & improvement, & shall not take from the mouth of labor the bread it has earned - this is the sum of good government. T. Jefferson
If John Boehner and the repups in the House would do what we...
Submitted by Dave. on Tue, 11/15/2011 - 2:06pm.
...sent them up there to do, Commiecare wouldn't even be an issue.
All they have to do is defund the damn thing.
-Dave
Vote for the American in November
All they have to do
Submitted by Agnostic on Wed, 11/16/2011 - 8:53am.
and of course they can make the Senate vote any way they want? They have passed measures limit the implementation of Obamacare and they currently sit in Congress with Reid unwilling to even bring them forward for debate.
The law says Kagan has to recuse herself
Submitted by ricklail on Tue, 11/15/2011 - 2:38pm.
28 USC 455 is very clear, Kagan MUST recuse herself.. As far as Justice Thomas goes he has in no way expressed an opinion on Obamacare. Kagan's Impartiality is very clear in the e-mail she sent to Larry Tribe saying that they had enough votes and calling it simply amazing. .
Who's going to make her?
Submitted by lsudolemite on Tue, 11/15/2011 - 7:48pm.
The Holder Justice Department?
I believe it's her choice, no
Submitted by Dan Diego on Tue, 11/15/2011 - 8:25pm.
I believe it's her choice, no way will she recuse. She OWeS Duh for her lifetime appointment.
The major problems with Obamacare.
Submitted by drsamherman on Tue, 11/15/2011 - 2:54pm.
Right off the bat, the background conditions for implementing Obamacare are faulty. First, you cannot suddenly dump over 30 million patients into an already overworked and underfunded health care system. There are virtually no economies of scale left to be achieved. Every last dollar has been wrung out of the health care system starting back in the 1990s. Secondly, there is already a monumental shortage of primary care physicians (family practice, internal medicine and pediatrics) that serve as the first layer of patient care. The shortage will not abate, but will grow worse as residency programs and other training opportunities have all but disappeared thanks to shrinking reimbursement.
As for the legislation itself, no physician has a problem with removing the pre-existing conditions clause that prevents a number of people from having health insurance. Nor do physicians, for the most part, have a problem with the idea of insurance exchanges or other mechanisms to break down interstate restrictions that often cause conflicts in care delivery. Most, if not all, physicians have a problem with increasing patient load and decreasing reimbursement. We also have a problem with imposing cookbook medicine through standards which may not apply to the patient base that we see. Psychiatry and neurology are not fields that lend themselves to evidence-based practice in many cases, as either there are few studies in some of the conditions we treat or our patients are coming to see us because the EBM guidelines failed them. Another problem most physicians have with the legislation is the nightmare load of administration that comes with all of the new requirements imposed in the name of "quality". It is hard to treat more patients when you have more time requirements in your office filling out forms.
The costs of the Obamacare plan are obvious and the financial hocus pocus don't work.
The major problem with Obamacare
Submitted by Agnostic on Tue, 11/15/2011 - 3:28pm.
That we have elected officials who are supposed to be leaders and a significant portion of the population that think large scale socialized solutions are a good thing.
If anyone were going to
Submitted by allouchsit on Tue, 11/15/2011 - 2:55pm.
If anyone were going to recuse themselves it would have already happened. All nine justices participated in the discussion of the petitions to hear the case, so all nine justices will ultimately decide the case. If Kagen were an honest person -- and she is not -- she would have already recused herself when the case came up for conference last Thursday. She did not.
"Do you think the Supreme
Submitted by ckc1227 on Tue, 11/15/2011 - 3:18pm.
"Do you think the Supreme Court will overturn ObamaCare?"
Not no, but hell no. And upholding it will pretty much give Obama the election as many people finally just give up, and decide to sit home on election day. It will be the final nail in the coffin of this once great nation.
Stop Socialism now by starting with obamacare...
Submitted by vrwc13 on Tue, 11/15/2011 - 3:57pm.
...then start working through all things government deciding which ones need to go too. And don't stop reviewing until all have been looked at.
Seems defunding is a way to go. No money, no agency.
I like Perry's idea of defunding all foreign aid and starting them all from scratch. And cutting 3 Federal agencies, why stop at three?
v
The burden of life is from ourselves, its lightness from the grace of Christ and the love of God. - William Bernard Ullanthorne
Latest tweets from SolyndraCo
Submitted by bkeyser on Tue, 11/15/2011 - 5:30pm.
Nov 14: At #Solyndra we support our neighbors in Oakland. #OccupyOakland #OccupyFremont
Nov 15 (4 hrs ago): At #Solyndra we believe that green jobs should not be political pawns [Followed by link to WaPo story from today. -bk]
[...]
(3 hrs ago): #Solyndra has some troubling news to share with our Employees. Please check the breakroom bulletin board on Nov. 7, 2012.
(2 hrs ago): Regarding all of today's media inquiries, #Solyndra is pleased to discuss these matters on Nov. 7, 2012.
[...]
(23 min ago): #Solyndra did NOT time layoffs according to the election calendar. We use the calendar of the Aztec sun god Huitzilopochtli.
(tweets updated as of 1626, Nov 15, 2011)
Solyndra officially enters "smartass" status. And why not? They got free money to play around for a couple of years, take massive bonuses, and are backed by POTUS. By the way, they only follow one Twitter account; guess who?
NV reapportionment
Submitted by NevadanConservative on Tue, 11/15/2011 - 6:46pm.
Yes, I know the main lead of the thread was Obamafilth. Since this, however, is an Open Thread, and the item of some note, I felt it justified and submit the following.
Yesterday, the Nevada Congressional district was reapportioned. Nevada now has four Congressional districts.
http://www.leg.state.nv.us/Division/Research/Districts/Reapp/2011/Proposals/Masters/CON-Masters-ST-C_Size-INC.pdf
has the reapportionment as it appears on the map.
District 1 is most of Las Vegas, and the home of most of the unions. Areawise, it is about 80 square miles, less than 1/10 of 1% of the state. Districts 2 and 4 are approximately old district 2 cut in half. District 3 largely the area of Clark County south of District 1.
Since the midterms, this state's Congressional representation was 2-1 R/d. We were on our way out of a long, corrupt blue tunnel. NV-1, with its high union count is destined to be permanently Reid blue for the forseeable future. Depressing, as I live in it.
Joe Heck threw out Dina "I never met a spending bill I couldn't sign" Titus out at the midterms. His new challenge will be to hold District 3.
Sorry, folks... barring something unforseen, the best this observer can tell you for a 2012 Nevada is 3-1 R/d in the House, and a neutered Senate thanks to that whiny, pale creep.
NVCon
Read This....Don't Miss
Submitted by Blonde on Tue, 11/15/2011 - 8:57pm.
Assist with Abortions or be Fired.
And of course, we don't see the American Media discuss this, do we?
Obamacare didn't won't interfere the Conscience Clause, did it? That's what "they" told us. Or did it?
OF COURSE IT DID.....WE KNEW IT WOULD!
Send to your members of Congress and demand action, both on this idiocy, and the other idiocy, that is Obamacare!
Handy Reference Guide to Obama's Gaffes and Goofs ~ Currently Numbering 200 (and Counting)
I know many in the health care field
Submitted by Boudin on Tue, 11/15/2011 - 9:13pm.
Who will quit, including my wife.
Catholic hospitals and social agencies
Submitted by Radical1979 on Tue, 11/15/2011 - 9:30pm.
This will threaten Catholic hospitals, which truly help the poor and indigent. The government is also trying to force Catholic institutions (colleges, hospitals, etc) to provide insurance for abortions and other services that go against Catholic teaching.
I believe this is the fear the founders when they wrote about "separation of church and state". The government is now dictating to religious institutions.
What kind of health insurance do you now have?
Submitted by alvin on Tue, 11/15/2011 - 11:35pm.
I would be interested in what kind of health insurance the commenters here have?
Employer? Medicare? VA? Individual policy? And the cost.
Why?
Submitted by Blonde on Tue, 11/15/2011 - 11:38pm.
What do you have, Alvin?
Handy Reference Guide to Obama's Gaffes and Goofs ~ Currently Numbering 200 (and Counting)
He has a RIGHT to free health
Submitted by Dan Diego on Wed, 11/16/2011 - 9:00pm.
He has a RIGHT to free health insurance, Duh told him so.
None
Submitted by bkeyser on Tue, 11/15/2011 - 11:44pm.
$0
The realities of practicing medicine now.
Submitted by drsamherman on Wed, 11/16/2011 - 12:15am.
As many of you know, I sold my solo practice to become part of a large physician group practice between December and January of last year. It was an extremely difficult decision to make, but in the end I felt duty-bound to provide for my patients and my employees in the best possible way.
This is difficult, but here is how that decision was derived and what happened:
1) My practice was bleeding money since 2007 when Texas introduced its first serious reductions in Medicaid.
2) The "time to file to time to pay" (collection days) went from 32 to 180 with some of my largest private insurance payers.
3) I faced the choice of business bankruptcy or closing my practice, negatively impacting my patients.
4) I received an offer from a very large group physician practice to integrate my patients and become their employee.
5) I negotiated with the purchasing group practice to retain my employees and their seniority dates and retention of my patients.
6) They agreed, and in doing so assumed responsibility for billing, collections and all other financial obligations of my solo practice.
The fact is that I stopped seeing Medicaid patients in 2008. Per Texas regulations, I notified those patients via verbal and written communications that I could no longer accept Texas Medicaid as a primary payer starting in 2009. This meant losing over 25% of my patients, but financially I had no alternative. The reimbursement rate was such that it covered only 58% of what it cost (with zero margin) to take care of them, and this was unsustainable over the long run. The group practice not only agreed to accept my Medicaid patients, but also hired two other psychiatrists who I knew and appointed me section chief AND guaranteed me and my employees with seniority back to date of hire (or in my case date of opening my solo practice). I became their chief of neurology (easily billable) and psychiatry ( more difficult to bill) overnight. My employees and I both had better benefits and our financial situation was immediately repaired. Solo practice is now a relic, and psychiatry remains primarily a solo or partnership practice. Large psychiatric groups are rare due to the problems with billing and reimbursement. In one fell swoop, those problems were gone. Granted I lost a hell of a lot of autonomy, but I gained guaranteed vacation time (I am the senior-most physician at 35 years of practice giving me nine weeks of vacation) and we all received better benefits and a retirement program. That is how medicine has changed--from a solo, patient-centered practice to a factory mentality. Get used to it, because that is the future called cookbook medicine. I regret that I was financially forced to sell to a larger practice, but in return I am the permanent section chief.
The upside has been that I was able to hire two Iraq War veterans from the Air Force as physician assistants for my neurology and psychiatry practices respectively. These two are the tops when it comes to PAs, and they have made my life considerably easier. I deliberately sought to hire veterans because I knew their field experience in psychiatry was invaluable. They treated the worst cases of PTSD, depression, anxiety, etc. I trust both of them with my life and my patients. I practice with two other neurologists and another psychiatrist and we have coalesced as a group force to challenge any other neuro or psych practice out there.
The bottom line is that all of you will see consolidation in medicine not unlike the banking sector. You can blame Obamacare fore removing any sense of personalized therapy in favor of algorithm-derived medicine, not unlike an assembly line or a bakery.
Common Situation With Increasingly Uncommon Ending
Submitted by stratman on Wed, 11/16/2011 - 2:38am.
Sounds like you negotiated a sweetheart deal, especially in these times. I know others who have not been as fortunate when assimilated.
Drove past our family's old GP's office today. He donated the building to the local hearing and speech center when he retired and then died shortly thereafter. Old school all the way - board certified in IM, OB-GYN and Surgery and earned every nickle by working hard for himself and his patients. Used to keep patient notes on an index card - date, diagnosis and treatment. Not much else you really need for many primary care visits (pre-litigation). Liability insurance was something like $65 per year in his early days.
You were fortunate to practice during the golden years, even if it was the tail end (pre-DRG), and fortunate once again to find a group that treats you well. Better yet, you now have time for your grandchild. Life is good, my friend.
assembly lines
Submitted by Agnostic on Thu, 11/17/2011 - 8:12am.
While I agree with your post the idea that therapy/medical treatment will become, "in favor of algorithm-derived medicine, not unlike an assembly line or a bakery", actually doesn't do justice to the efficient style of processing done by these businesses. Your point completely valid but the comparison only relates the lack of human contact with the process while ignoring the inefficiencies, incompetence and gross favoritism that is bound to be commonplace.
It will be like the government hiring someone with no experience in auto manufacturing to run an automobile plant - oh wait.
Any improvement that could be seen through increased efficiency will be greatly overshadowed by the bureaucratic mess created by government involvement.