Feeds:
Posts
Comments

Posts Tagged ‘Patient Protection and Affordable Care Act’

Letter from the Capitol has a piece describing how Obamacare is just the first step in transitioning America’s citizens into paying a Value Added Tax (VAT) on goods on top of income tax in order to support our new Democratic Socialist future.  The last section on describing Obama’s impact on history is a lot nicer than I would have put it.

March 31, 2010

ObamaCare: Stalking Horse for VAT Taxation

Indiana Gov. Mitch Daniels says we must live “like good Europeans” as ObamaCare stifles choice & raises costs.  Which may explain why Fidel Castro called ObamaCare “a true miracle” and compared it to Cuba’s CastroCare….

Charles Krauthammer divines the true method behind ObamaCare’s fiscal madness: force adoption of a European-style Value Added Tax, creating a womb-to-tomb European Welfare State, with high taxes, high unemployment & high benefits allocated by government:

American liberals have long complained that ours is the only advanced industrial country without universal health care. Well, now we shall have it. And as we approach European levels of entitlements, we will need European levels of taxation.

Obama set out to be a consequential president, on the order of Ronald Reagan. With the VAT, Obama’s triumph will be complete. He will have succeeded in reversing Reaganism. Liberals have long complained that Reagan’s strategy was to starve the (governmental) beast in order to shrink it: First, cut taxes — then ultimately you have to reduce government spending.

Obama’s strategy is exactly the opposite: Expand the beast and then feed it. Spend first — which then forces taxation. Now that, with the institution of universal health care, we are becoming the full entitlement state, the beast will have to be fed.

And the VAT is the only trough in creation large enough.

As a substitute for the income tax, the VAT would be a splendid idea. Taxing consumption makes infinitely more sense than taxing work. But to feed the liberal social-democratic project, the VAT must be added on top of the income tax.

One reason for a VAT is that, as economist Alan Reynolds writes, the administration’s plan to extract $1.2TR from rich taxpayers over the next decade will not work.  Such filers already pay over 50 percent of income taxes.  Reynolds explains:

President Barack Obama’s new health-care legislation aims to raise $210 billion over 10 years to pay for the extensive new entitlements. How? By slapping a 3.8% “Medicare tax” on interest and rental income, dividends and capital gains of couples earning more than $250,000, or singles with more than $200,000.

The president also hopes to raise $364 billion over 10 years from the same taxpayers by raising the top two tax rates to 36%-39.6% from 33%-35%, plus another $105 billion by raising the tax on dividends and capital gains to 20% from 15%, and another $500 billion by capping and phasing out exemptions and deductions.

Add it up and the government is counting on squeezing an extra $1.2 trillion over 10 years from a tiny sliver of taxpayers who already pay more than half of all individual taxes.

It won’t work. It never works.

The maximum tax rate fell to 28% in 1988-90 from 50% in 1986, yet individual income tax receipts rose to 8.3% of GDP in 1989 from 7.9% in 1986. The top tax rate rose to 31% in 1991 and revenue fell to 7.6% of GDP in 1992. The top tax rate was increased to 39.6% in 1993, along with numerous major revenue enhancers such as raising the taxable portion of Social Security to 85% of benefits from 50% for seniors who saved or kept working. Yet individual tax revenues were only 7.8% of GDP in 1993, 8.1% in 1994, and did not get back to the 1989 level until 1995.

Put simply, taxpayers alter their investment, tax & work strategies to minimize the impact of punitive levies.

Herb London warns of ObamaCare’s threat to liberty.  A WSJ 3/30 editorial explains what I missed last week; ObamaCare does not explicitly call for hiring 16,500 IRS agents.  The figure is a GOP extrapolation from the IRS budget, to derive an estimate of what will be needed to enforce compliance on the new levies; if the IRS is left at present levels of resources revenues will be lost.

A WSJ editorial last week offered emerging examples of diminished health care choice, already underway due to ObamaCare.  At NRO Rich Lowry warns that deteriorating finances will force choosing between guns and butter, and that Obama clearly will choose to preserve the latter.  Nobel economist Gary Becker’s WSJ interview presents an optimist, but one who fears, as in the old joke about optimism & pessimism, that his optimism may be unjustified.

A WSJ editorial notes major companies already writing down their asset values due to anticipated ObamaCare impact–$14B during 2010, according to one consultant.  Naturally, a senior Obama administration hack calls these “irresponsible” while California thug-Rep. Henry Waxman (D-Beverly Hillbillies) plans an April 21 kangaroo-court show trial of major CEOs.  NRO’s Rich Lowry adds detail on Waxman’s efforts to muzzle companies hit by ObamaCare.

A WSJ editorial today describes just how outrageous this pressure is–companies are required by law to do what Waxman warns them not to do:

So the wave of corporate writedowns—led by AT&T’s $1 billion—isn’t caused by ObamaCare after all. The White House claims CEOs are reducing the value of their companies and returns for shareholders merely out of political pique.

A White House staffer told the American Spectator that “These are Republican CEOs who are trying to embarrass the President and Democrats in general. Where do you hear about this stuff? The Wall Street Journal editorial page and conservative Web sites. No one else picked up on this but you guys. It’s BS.” (We called the White House for elaboration but got no response.)

In other words, CEOs who must abide by U.S. accounting laws under pain of SEC sanction, and who warned about such writedowns for months, are merely trying to ruin President Obama’s moment of glory. Sure.

Presumably the White House is familiar with the Financial Standard Accounting Board’s 1990 statement No. 106, which requires businesses to immediately restate their earnings in light of their expected future retiree health liabilities. AT&T, Deere & Co., AK Steel, Prudential and Caterpillar, among others, are simply reporting the corporate costs of the Democratic decision to raise taxes on retiree drug benefits to finance ObamaCare.

Mark Steyn notes that one firm is heading for incorporation in Canada, no less–yes, CANADA:

In 2003, Washington blessed a grateful citizenry with the Medicare prescription drug benefit, it being generally agreed by all the experts that it was unfair to force seniors to choose between their monthly trip to Rite-Aid and Tony Danza in dinner theater. However, in order to discourage American businesses from immediately dumping all their drug plans for retirees, Congress gave them a modest tax break equivalent to 28 percent of the cost of the plan.

Fast forward to the dawn of the ObamaCare utopia. In one of a bazillion little clauses in a 2,000-page bill your legislators didn’t bother reading (because, as Congressman John Conyers explained, he wouldn’t understand it even if he did), Congress voted to subject the 28 percent tax benefit to the regular good ol’ American-as-apple-pie corporate tax rate of 35 percent. . . . I refer you to the decision last year by the doughnut chain Tim Hortons, a Delaware corporation, to reorganize itself as a Canadian corporation “in order to take advantage of Canadian tax rates.” Hold that thought: “In order to take advantage of Canadian tax rates”—a phrase hitherto unknown to American English outside the most fantastical futuristic science fiction.

Another little-noticed provision in ObamaCare: Money for long-term care will be automatically deducted from worker paychecks unless employees opt out; it is an estimated $146/month payment to give $75 daily care; some cost estimates peg the deduction at $240/month.  Cost at the lower figure is estimated at $100B.

Weekly Standard editor Matthew Continetti sums up what ObamaCare will do to Obama’s historical reputation:

The liberal line is that President Obama has secured his place in history by signing into law the Patient Protection and Affordable Care Act of 2010. And secured it he has. Henceforth Obama will be remembered as the man who accelerated America’s mad dash toward bankruptcy. He will be remembered as the leader who promoted a culture of dependency. He will be remembered as the figure who sacrificed a dream of national unity upon the altar of big government liberalism. It’s true: Obama is now a president of consequence. And almost all of those consequences are bad.

The fiscal picture was bleak before Obama made it worse. Government debt is 60 percent of the gross domestic product and climbing. The deficit is projected to remain above 4 percent of GDP for the next decade. The week before the president signed his health care reform into law, Moody’s warned that America’s AAA bond rating may be downgraded. The day before the signing ceremony, the nation learned that Warren Buffett is a safer investment than U.S. treasuries. One needn’t look across the Atlantic, where a penniless Greece is a supplicant to the IMF, to see our future. Look to California, where the economy is crippled by high taxes, high spending, and burdensome debt….

Gone is the charismatic young man who told the 2004 Democratic National Convention in Boston that there was no Blue America and no Red America, only the United States of America. All that remains is a partisan liberal Democrat whose health care policy bulldozed public opinion, enraged the electorate, poisoned the Congress, and set into motion a sequence of events the outcome of which cannot be foreseen.

This tarnished White House complains incessantly about the crises it inherited from its predecessor. Crises? You ain’t seen nothing yet.

The latest public health care horror show from the UK–presaging America’s ObamaCare future: nurses declining to bring a dying patient a glass of water.

CAN’T WAIT, CAN YE?

Bottom Line.  Coupled with America’s rapidly deteriorating financial position, ObamaCare is a massive, potentially fatal economic train wreck in the making.

Read Full Post »

WorldNetDaily tells us that the Association of American Physicians and Surgeons (AAPS) has brought a lawsuit against the passage of the health care bill H.R. 3590.

Physicians group sues over health-care law

Says it violates Constitution in several ways


Posted: March 29, 2010
11:09 pm Eastern

© 2010 WorldNetDaily

WASHINGTON – The Association of American Physicians and Surgeons became the first medical society to file suit to overturn the newly enacted health-care law.“If the [law] goes unchallenged, then it spells the end of freedom in medicine as we know it,” said Dr. Jane Orient, executive director of AAPS. “Courts should not allow this massive intrusion into the practice of medicine and the rights of patients. There will be a dire shortage of physicians if the [new law] becomes effective and is not overturned by the courts.”

The law requires most Americans to buy government-approved insurance starting in 2014, or face stiff penalties. The AAPS says insurance-company executives will be enriched by this requirement, but it violates the Fifth Amendment protection against the government forcing one person to pay cash to another.The group also charges violations of the Tenth Amendment, the Commerce Clause, and the provisions authorizing taxation.

AAPS asks the U.S. District Court to enjoin the government from promulgating or enforcing insurance mandates and require Health and Human Services Secretary Kathleen Sebelius and Social Security Commissioner Michael Astrue to provide the court with an accounting of Medicare and Social Security solvency.

The group bills itself as “a voice for patient and physician independence since 1943.”

Read Full Post »

WorldNetDaily brings us insight into some of the inner workings of the Patient Protection and Affordable Care Act (H.R. 3590).  The new health care legislation creates a new “health army” out of the U.S. Public Health Service reserve force.

Obamacare prescription: ‘Emergency health army’

Force subject to ‘involuntary calls to active duty’ during ‘public crises’


Posted: March 25, 2010
11:40 pm Eastern

By Chelsea Schilling
© 2010 WorldNetDaily

President Obama’s recently passed health-care reform legislation includes a surprise for many Americans – a beefing up of a U.S. Public Health Service reserve force and expectations that it respond on short notice to “routine public health and emergency response missions,” even involuntarily.

According to Section 5210 of HR 3590, titled “Establishing a Ready Reserve Corps,” the force must be ready for “involuntary calls to active duty during national emergencies and public health crises.”

The health-care legislation adds millions of dollars for recruitment and amends Section 203 of the Public Health Service Act (42 U.S.C. 204), passed July 1, 1944, during Franklin D. Roosevelt’s presidency. The U.S. Public Health Service Commissioned Corps is one of the seven uniformed services in the U.S. However, Obama’s changes more than double the wording of the Section 203 and dub individuals who are currently classified as officers in the Reserve Corps commissioned officers of the Regular Corps.

The following is the previous wording of the act as of 2004, before Democrats passed the health-care legislation:


Wording of Section 203 of Public Health Service Act before Obamacare amendment

The U.S. Public Health Service website describes its commissioned corps as “an elite team of more than 6,000 full-time, well-trained, highly qualified public health professionals dedicated to delivering the nation’s public health promotion and disease prevention programs and advancing public health science.”

According to its mission page, officers of the commissioned corps may:

  • Provide essential public health and health care services to underserved and disadvantaged populations
  • Prevent and control injury and the spread of disease
  • Ensure that the nation’s food supply, drinking water, drugs, medical devices and environment are safe
  • Conduct and support cutting-edge research for the prevention, treatment and elimination of disease, health disparities and injury
  • Work with other nations and international agencies to address global health challenges
  • Provide urgently needed public health and clinical expertise in response to large-scale local, regional and national public health emergencies and disasters

Members are trained to respond to public health situations and national emergency events, such as natural disasters, disease outbreaks and terrorist attacks.

As stated in the health-care legislation, “The purpose of the Ready Reserve Corps is to fulfill the need to have additional Commissioned Corps personnel available on short notice (similar to the uniformed service’s reserve program) to assist regular Commissioned Corps personnel to meet both routine public health and emergency response missions.”

The Democrats’ legislation recently added the following text to Section 203 of the Public Health Service Act:

‘(b) Assimilating Reserve Corp Officers Into the Regular Corps- Effective on the date of enactment of the Patient Protection and Affordable Care Act, all individuals classified as officers in the Reserve Corps under this section (as such section existed on the day before the date of enactment of such Act) and serving on active duty shall be deemed to be commissioned officers of the Regular Corps.'(c) Purpose and Use of Ready Research-

‘(2) USES- The Ready Reserve Corps shall–

‘(A) participate in routine training to meet the general and specific needs of the Commissioned Corps;'(B) be available and ready for involuntary calls to active duty during national emergencies and public health crises, similar to the uniformed service reserve personnel;

‘(C) be available for backfilling critical positions left vacant during deployment of active duty Commissioned Corps members, as well as for deployment to respond to public health emergencies, both foreign and domestic; and

‘(D) be available for service assignment in isolated, hardship, and medically underserved communities (as defined in section 799B) to improve access to health services.

‘(d) Funding- For the purpose of carrying out the duties and responsibilities of the Commissioned Corps under this section, there are authorized to be appropriated $5,000,000 for each of fiscal years 2010 through 2014 for recruitment and training and $12,500,000 for each of fiscal years 2010 through 2014 for the Ready Reserve Corps.’

Commissioned officers of the ready reserve corps are appointed by the president, and commissioned officers of the regular corps are appointed by the president with the advice and consent of the Senate.

Robert Book, a senior research fellow in health economics at the Heritage Foundation, said the service has been around some time but is not well known.

In the past, its responsibilities have included work related to the National Institutes of Health, the Indian health service and providing physicians for Coast Guard operations, he said.

As first reported by WND during his campaign, Obama called for a “civilian national security force” July 2, 2008, in Colorado Springs, Colo.

“We cannot continue to rely on our military in order to achieve the national security objectives that we’ve set,” he said. “We’ve got to have a civilian national security force that’s just as powerful, just as strong, just as well-funded.”

WND also reported in January when a Rand Corporation report proposed the federal government create a rapid deployment “Stabilization Police Force” that would be tasked with “shaping an environment before a conflict” and restoring order in times of war, natural disaster or national emergency.

The blogosphere is buzzing with speculation about the amendment. Some comments include:

  • This cannot be publicized enough!
  • Remember before the election when Obama said we need to have a civil defense corps as well funded and as well armed as the armed services?
  • Is it Hitler and the Brown Shirts all over again? It is time for all who love our freedom to stand up and be counted.
  • Perhaps ACORN with a different name?
  • What about FEMA. Does this mean FEMA is to be disbanded?
  • Healthstapo!
  • I guess this is how they’ll keep all the doctors from quitting the profession and becoming window washers.
  • Amazing isn’t it, they can’t afford to secure our borders, but we can afford this nonsense – dangerous nonsense.
  • Let’s all sign up. It will be much easier to take the country back if we do it from within.

Read Full Post »

CNSNews has this story.  Instead of sticking to his (apparent) principles, Rep. Stupak folded into pressure from his fellow demons Democrats and voted for H.R. 3590 because Obama promised to sign an executive order affirming the ban of federal dollars funding abortions.  The problem with this is that federal law can override executive orders (the “law” isn’t permanent), and they can be rescinded at any time by the President.  Obama also promised to be more transparent and to change the way politics were conducted in Washington, D.C.  We’ve all seen how well that has gone.

Stupak Decision Blasted As ‘Unconscionable’

Monday, March 22, 2010
By Susan Jones, Senior Editor

(CNSNews.com) – Pro-life activists call it “regrettable” that Rep. Bart Stupak (D-Mich.) ended up abandoning those who stood by him in his opposition to taxpayer funding of abortion in the Democrats’ health care bill.

Brian Burch, president of CatholicVote.org, said Stupak’s decision to accept the promise of a presidential executive order as a solution to the abortion-funding issue is “unconscionable.”

“The Executive Order fix is a band-aid solution that fails to solve the fundamental problems in this bill, and can be repealed at any time, for any reason, by the president or future presidents. The order is likely to be challenged by pro-abortion groups, and could be struck down by the courts,” Burch said in a news release issued Sunday night.

“The Catholic Bishops along with CatholicVote.org and every major pro-life organization oppose this ‘fix.’  We have defended Rep. Stupak for months, but today we stand in protest of his decision,” Burch added.

Stupak’s last-minute decision to vote in support of the health care bill he opposed for so long made all the difference in Democrats’ getting enough votes for passage.

“Since I was first elected to Congress I have fought to provide quality, affordable health care for all Americans and I am proud to be able to vote for this historic legislation,” Stupak said Sunday in a message posted on his Web site. He said he’s witnessed the struggles that families and employers in his northern Michigan congressional district face under the current system.

“Although this legislation is not perfect and does not do everything I believe is necessary to reform our health insurance industry, it is a tremendous step forward for northern Michigan residents and for our nation,” Stupak said.  He said he looks forward to the president signing the health care bill into law.

Stupak has insisted from the beginning that no federal funding be used to subsidize insurance plans that cover abortion. Abortion should not be recognized as a benefit in federal health plans, he said.

To mollify Stupak, President Obama announced he would sign an Executive Order reaffirming that the Hyde amendment can not be circumvented and that no taxpayer dollars would be used to pay for health plans that cover abortion.

“I have said from the start I would not vote for health care reform without adequate protections in place to make sure the current law of no federal funding for abortion is maintained,” Stupak said on Sunday.  “The president’s Executive Order upholds the principle that federal funds should not be used to subsidize abortion coverage.”

President Obama promised to sign the Executive Order following passage of H.R. 3590.

But pro-life activists say the Executive Order on abortion funding will further politicize the issue. It will put decisions on taxpayer funding for abortion as well as conscience protections in the hands of Obama, future presidents, and Health and Human Services Secrtary Kathleen Sebelius, Burch said.

“Catholics have worked hard to make the protection of the unborn a two-party effort, and pro-life members of the Democratic Party encouraged these efforts over the last year, Burch noted. He said Stupak’s decision to accept an Executive Order “will be difficult to overcome.”

“We are convinced Rep. Stupak will come to deeply regret today’s decision,” Burch said.

Read Full Post »

CNSNews has two different stories here and here saying that the lawsuits against the U.S. Government are about to begin as soon as Obama signs the health care legislation (H.R. 3590) into law.  The lawsuits are an attempt by States and other agencies to strike down the required health care insurance law in the latest bill.

Update (1/22 @13:29): Reuters reports that 11 Attorneys General are geared to sue the Government after it is signed.  The full story is at the bottom.

Health Care Legislation: Here Come the Lawsuits

Monday, March 22, 2010
By Susan Jones, Senior Editor

(CNSNews.com) – The American Center for Law and Justice, a conservative civil liberties group, says it is preparing to file a federal lawsuit challenging the “flawed” health care package that passed the House 219-212 on Sunday night.

The law “fails the American people and does not provide permanent protections for the life of the unborn,” the group said in a Sunday night news release.

The ACLJ said it would file a lawsuit “soon” in federal court, challenging the forced mandate that penalizes Americans who choose not to participate in universal health care. “That is unconstitutional, and we believe ultimately it will be overturned by the courts,” it said.

“The fact remains that the actual health care bill just approved does fund abortion,” ACLJ said.

“Those self-proclaimed pro-life Democrats put their trust in an executive order — subject to being rescinded by the president — a move that is not only short-sighted but does not provide the guarantees and pro-life protections secured by statutory language in a law approved by Congress.”

Which President Obama do you believe? ACLJ asked: The president who repeatedly and publicly opposed the pro-life language in the earlier House-passed bill, or the president who now promises an Executive Order to secure the votes he needed to pass a very dangerous health care package?

ACLJ noted that an executive order “is not a legislative fix and does not carry the force of congressionally approved legislation.  It does not supersede law.  It can be rescinded.”

Another concern, the group said, is that the executive order promised by President Obama will put Health and Human Services Secretary Kathleen Sebelius in charge of the funding process – and she is a cabinet member “who has a long and documented history of supporting abortion.”

also:

Virginia Is First to Announce Lawsuit Over Health-Care Bill

Monday, March 22, 2010
By Bob Lewis, Associated Press

Richmond, Va. (AP) – Less than eight hours after Congress passed sweeping healthcare reforms, Virginia’s Attorney General became the first to announce a legal challenge against it.

Republican Ken Cuccinelli said early Monday that he will file a court challenge against what he and other conservatives decry as an unconstitutional overreach of federal authority.

Cuccinelli said he would file the lawsuit as soon as President Barack Obama signs the bill passed Sunday night into law.

Earlier this month, Virginia became the first state to finish legislative passage of a law that bucks any effort by President Barack Obama and an allied Democratic Congress to impose federal health care reform in the states.

Similar measures were filed or proposed in 34 other state legislatures.

Cuccinelli is expected to argue that the bill, with its mandate that requires nearly every American to be insured by 2014, violates the commerce clause of the U.S. Constitution. The attorney general’s office will file suit once President Barack Obama signs the bill into law, which could occur early this week.

“At no time in our history has the government mandated its citizens buy a good or service,” Cuccinelli said in a statement Sunday night.

Word of the impending legal action came as the U.S. House debated late into the evening and passed the landmark reform legislation, 219-212.

Update from Reuters:

States launch lawsuits against healthcare plan

CHICAGO
Mon Mar 22, 2010 1:21pm EDT
Opponents of the proposed U.S. health care bill are pictured  during a rally outside the U.S. Capitol Building in Washington, March  21, 2010. REUTERS/Jason Reed

CHICAGO (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.

Read Full Post »