Wake-up Call from Marble Falls, Texas

I stumbled across this recently, and it really blew my mind.  I know there has been a lot of controversy over HB 3200 (now H.R. 3962), the recently passed Health Care Reform Bill, and people are probably a bit tired of hearing about it, but the problems have only begun.  What follows is courtesy of former county judge, the Honorable David Kithil of Marble Falls, Texas, published in the River Cities Tribune, 17 August 2009.  Kithil writes:


"I have reviewed selected sections of the bill, and find
it unbelievable that our Congress, led by Speaker Nancy Pelosi, could come up with a bill loaded with so many wrong-headed elements."

"Both Republicans and Democrats are equally responsible
for the financial mess of both Social Security and Medicare programs."

"I am opposed to HB 3200 for a number of reasons.

To start with, it is estimated that a federal bureaucracy of more than 150,000 new employees will be required to administer HB3200. That is an unacceptable expansion of a government that is already too intrusive in our lives. If we are going to hire 150,000 new employees, let's put them to work protecting our borders, fighting the massive drug problem and putting more law enforcement/firefighters out there."

"Other problems I have with this bill include:

** Page 50/section 152: The bill will provide insurance to all non-U.S. residents, even if they are here illegally.

** Page 58 and 59: The government will have real-time access to an individual's bank account and will have the authority to make electronic fund transfers from those accounts.

** Page 65/section 164: The plan will be subsidized (by the government) for all union members, union retirees and for community organizations

** Page 203/line 14-15: The tax imposed under this section will not be treated as a tax.

** Page 241 and 253: Doctors will all be paid the same regardless of specialty, and the government will set all doctors' fees.

** Page 272. section 1145: Cancer hospital will ration care according to the patient's age.

** Page 317 and 321: The government will impose a prohibition on hospital expansion; however, communities may petition for an exception.

** Page 425, line 4-12: The government mandates advance-care planning consultations. Those on Social Security will be required to attend an "end-of-life planning" seminar every five years.

** Page 429, line 13-25: The government will specify which doctors can write an end-of-life order.

"Finally, it is specifically stated that this bill will not apply to members of Congress. Members of Congress are already exempt from the Social Security system, and have a well-funded private plan that covers their retirement needs. If they were on our Social Security plan, I believe they would find a very quick 'fix' to make the plan financially sound for their future."

Honorable David Kithil
Marble Falls , Texas


Sounds rather scary, yes?  It seemed almost unbelievable, so I had to go take a look for myself.  Believe it or not, what Kithil says is true.  Through omissions that are either blatant, or just inexcusable over-sights, there are some horrendous imbalances present in this bill.  Let's take a look at a couple of these, shall we?


(found on pg. 58-59 of HB 3200)
SEC. 1173A. STANDARDIZE ELECTRONIC ADMINISTRATIVE TRANSACTIONS.
   "(a) Standards for Financial and Administrative Transactions. -
      "(2) Goals for Financial and Administrative Transactions. - The goals for standards under paragraph (1) are that such standards shall -
          "(D) enable the real-time (or near real-time) determination of an individual's financial responsibility at the point of service...

      "(4) Requirements for Specific Standards. - The standards under this section shall be developed, adopted, and enforced so as to -
          "(C) enable electronic funds transfers, in order to allow automated reconciliation with the related health care payment and remittance advice;

Basically, this portion of the bill states that any time you wish to make use of your health care, the health care that you must pay for or else be hit with fines, the government can dig through your bank accounts.  Not only that, but they will develop standards that will allow for electronic transfers.  This second part does not sound so bad at first.  Electronic transfers are convenient and easy, right?  Well, yes.  The part that I get hung up on is where the standards for this "shall be developed, adopted and enforced".  As in, developed at a later date.  After the bill has been passed.  This sounds a bit skewed to me.  I don't know about the rest of you out there, but when a bill states that there may be provisions put in place that allows the government to simply transfer money out of my account at their own leisure to pay for my mandatory health care without my consent, I get a little leery.  These are the sort of standards that should be specified before such a bill is passed, not afterward.  One more point before I wrap this up.


(found on pg. 203 of HB 3200)
SEC. 59C. SURCHARGE ON HIGH INCOME INDIVIDUALS
   "(f) Special Rules -
      "(4) Not Treated as Tax Imposed by This Chapter for Certain Purposes - The tax imposed under this section shall not be treated as tax imposed by this chapter for purposes of determining the amount of any credit under this chapter or for purposes of section 55."

Alright....back up a second.  The tax shall not be treated as a tax for "certain purposes"?  Do I honestly need to say anything else about this?  I think you get the picture here.


All of this profoundly disturbs me.  What is it we have let slide past us?  Many people have been incredibly vocal in their disagreement of this bill.  In fact, a majority of people have been skeptical, if not outright against this bill.  How then has it managed to pass?  When our lawmakers must turn their attention to placating an aggravated public which is on the metaphorical warpath because of a bill they just past, then something is very, horribly wrong.  If I recall correctly, we elect these people to represent us, and to put into effect laws that represent the will of the majority.  Why then is the majority so restless?  Why is the majority so unhappy with this latest development in the supposed progression of our nation?  Maybe it is because we feel that the majority is no longer being heard.

Time to speak up.


'til next time,
Davin Lillegard


Here are links to the full documents (pdf) for both HB 3200, and H.R. 3962, the revised version that just recently passed.
HB 3200  http://candicemiller.house.gov/pdf/hr3200.pdf
H.R. 3962  http://docs.house.gov/rules/health/111_ahcaa.pdf