Showing posts with label National Healthcare. Show all posts
Showing posts with label National Healthcare. Show all posts

Thursday, May 08, 2014

Credible Challenge to Obamacare Back in Court - Violates Constitution's Origination Clause


May 8, 2014

A Federal Appeals Court in Washington will take up a credible challenge to Obamacare today.
 
 
The challenge was made possible when SCOTUS ruled the individual mandate penalty a tax back in June of 2012. 
 
The challenge is based on the “Origination Clause” (Article 1, Section 7 of the US Constitution) which states that “any legislation to create a tax to be collected by the federal government must originate in the House of Representatives”. 
 
The clause was created by our founders as a safeguard to liberty because they understood that the power to tax, if misused, involves the power to destroy. The requirement is designed to maximize political accountability. The House is closest to the people and less insulated than the Senate. Each member must seek reelection every two years.
 
The argument is that Obamacare originated in the Senate and was then sent to the House of Representatives and is therefore unconstitutional.
 
The White House will argue the Senate has a right to amend House Bills and send them back for approval. With Obamacare, Sen. Reid took a bill passed in the House called the “Service Members Home Ownership Tax Act of 2009” that offered tax credits to military members who were first-time homebuyers. He then amended that bill by stripping out the entire text of the six-page law and replaced it with the 2,000-plus page bill that became the Affordable Care Act.
 
Opponents will argue that Reid’s legislative manipulation was unconstitutional because SCOTUS has held that only Senate amendments that are germane to the subject matter of the underlying House bill can avoid scrutiny under the Origination Clause. Otherwise, the Constitution’s Origination Clause is meaningless.
 
The case is Sissel v. US Department of Health and Human Services (13-5202).


Thursday, April 03, 2014

FAIL. Behind the 7.1 Million Obamacare Enrollees...

Bryan Baumgart - 4/3/2014

7.1 million.

That's the number of obamacare enrollees that President Obama touted during his victory dance yesterday.  But a look behind these numbers shows just how misleading they are. 

Of the 7.1 million people that signed up for obamacare, the Obama administration admits that 4.4 million actually signed up for Medicaid via the ACA rather than actual obamacare.  

Of the remaining 2.7 million that signed up for obamacare (by force of mandates and fines), only 27% had been previously uninsured 

It is estimated that 5 million Americans lost their insurance due to Obamacare so far and a recent survey by McKinsey & Company estimates that 73% of the obamacare signups already had insurance before obamacare 

NY Times reports that 20% haven’t actually paid for the obamacare insurance they signed up for yet (so they aren't technically insured), and it is expected that many more will let their plans lapse during the course of the year.  

The McKinsey study reveals the 27% of new enrollees that weren’t previously insured have an unusually high rate of failing to pay for their premiums. Only 53% had paid for their first premium, compared to 86% of the previously insured paying for theirs.   

It is estimated that less than 25% of the current obamacare signups are young and healthy, far short of the 40% the administration was hoping for. (The ACA hinges on large numbers of young and healthy individuals paying in without using their insurance in order to support everyone else and keep the program solvent).  

Facts:  

Based on census data, there were 44.8 million Americans uninsured in 2008 before Obamacare. Today…after spending over $2 TRILLION taxpayer dollars48.6 million Americans remain uninsured  

An expected 78 - 100 million more are likely to lose their employer insurance when the delay expires after the November elections.   

Estimates show premiums doubling and out of pocket expenses have skyrocketed so high that even those that have insurance can’t afford to get sick and use it.

They have health insurance but no health CARE.  

Where is the victory again?! 

 
http://www.breitbart.com/Big-Government/2014/03/31/Obamacare-Real-Enrollment-Just-1-7-of-Uninsured-Covered


Wednesday, October 16, 2013

Designed to Fail - Obamacare Paves Way to Single-Payer

Harry Reid and Tom Coburn Agree: Obamacare Was Designed to Fail, Pave Way for Single-Payer

Tuesday, October 08, 2013

GOP’s Winning Strategy: Fund the Government, Not Obamacare


Bryan Baumgart - Chairman, Douglas County Republican Party

October, 8, 2013

It was said it couldn’t be done. It was said it shouldn’t be done. Yet on September 20th, House Republicans set their plan in motion by passing H.R.2682 (The Defund Obamacare Act). A plan that would fully fund the federal government; sparing Americans from both a government shutdown and the impending Obamacare train wreck. In the end, Senate Democrats chose to refuse the funding and allow the government to be shut down.

Today the Republican strategy picks up steam as vulnerable Senate Democrats are placed squarely on the hot seat. After Democrats refused funding for the entire federal government, Republicans responded by passing partial funding bills on popular issues (with bi-partisan support). Senate Democrats have vowed not to negotiate and continue to kill funding for these popular issues such as veterans benefits, cancer research, pay for our National Guard and Reserves, funding for nutritional food programs for low-income women and children, disaster relief, etc.

These are certainly not winning positions for vulnerable Senate Democrats in 2014. You can bet Republicans will continue to push Democrats hard for their refusal to negotiate. Cracks have already begun to surface as an exception was made to unanimously pass the “Pay Our Military Act” to fund our active-duty military as well as civilian Defense Department employees and contractors. It was immediately signed into law by the president.

Working against the Democrat’s strategy to shut down the government is the fact that it hasn’t been particularly painful for American voters. Forbes estimates that only 13% of the government has actually shut down. In an effort to sway public sentiment, President Obama has ordered national parks and monuments barricaded, select government websites shutdown, as well as Amber Alerts and access to the open ocean. A Park Service Ranger was recently quoted as saying, “We’ve been told to make life as difficult for people as we can. It’s disgusting.” This order came from the White House. When President Obama forbade priests and chaplains from celebrating religious services on military bases, the House overrode his order by a vote of 400-1 and dared Senate Democrats to side with the president.

The plan has all but backfired on Democrats as stories surface of World War II and Vietnam War vets facing arrest for viewing their own memorials. Once again, not behavior that vulnerable Senate Democrats want to be associated with, particularly from independents who are undecided about who to blame for the shutdown. The Republicans aren’t shy to shine the spotlight on the issue either. A new website has been set up by Senator Ted Cruz’s PAC called (FundOurVets.com). The site calls for legislation to fully fund the Department of Veterans Affairs. If vulnerable Senate Democrats don’t cave and support the funding it benefits their Republican opponents in 2014. If they do cave, the Republican argument becomes: You have voted for funding for our active military and then again for the Department of Veterans Affairs, why are you holding out on funding other important issues such as opening our national parks or feeding the needy?

The Republican strategy remains focused on motivating Democrats to compromise and accept either delays or significant limits on Obamacare. In the interim, Republicans can take solace in knowing that not only has Obamacare not received the necessary additional funding for implementation, but until Democrats are willing to negotiate, some of their key issues remain unfunded such as the Environmental Protection Agency and furloughs at the National Labor Relations Board. In the end, the Republican strategy is likely to end with both beneficial compromise on Obamacare and a significant advantage heading into the 2014 election cycle.

#RepublicanAndProud

http://www.politicalinsidersreport.com/2013/10/08/gops-winning-strategy-fund-the-government-not-obamacare/

Sunday, September 29, 2013

The American Healthcare Reform Act



The centuries-old oath taken by health care professionals reads, “Do no harm.”  It is time for Washington lawmakers to take a similar approach when working to fix the problems that exist in our broken health care system.  Simply repealing the President's health care law is not enough—it must be replaced.

Conservatives recognize that patient-centered reforms rooted in free markets are the best way to lower costs and solve problems in our health care system.  That is why the Republican Study Committee (RSC) is proud to bring forward a pragmatic, practical, and portable free-market alternative to the current health care system.  Simply put, our bill is a better way forward. Specifically, H.R. 3121, the RSC's American Health Care Reform Act:
  • Fully repeals President Obama's health care law, eliminating billions in taxes and thousands of pages of unworkable regulations and mandates that are driving up health care costs. 

  • Spurs competition to lower health care costs by allowing Americans to purchase health insurance across state lines and enabling small businesses to pool together and get the same buying power as large corporations.

  • Reforms medical malpractice laws in a commonsense way that limits trial lawyer fees and non-economic damages while maintaining strong protections for patients.

  • Provides tax reform that allows families and individuals to deduct health care costs, just like companies, leveling the playing field and providing all Americans with a standard deduction for health insurance.

  • Expands access to Health Savings Accounts (HSAs), increasing the amount of pre-tax dollars individuals can deposit into portable savings accounts to be used for health care expenses.

  • Safeguards individuals with pre-existing conditions from being discriminated against purchasing health insurance by bolstering state-based high risk pools and extending HIPAA guaranteed availability protections.

  • Protects the unborn by ensuring no federal funding of abortions.

Repeal and Replace Obamacare: It's Time for Reform 


Obamacare is a train-wreck full of broken promises that is increasing health care costs and interfering with the doctor patient relationship. Obamacare must be stopped. We recently sat down with Americans from across the country to ask their opinions of Obamacare and how it is affecting them in the workplace. 

There is a better way to the one-size-fits-all approach of Obamacare. That is why the Republican Study Committee (RSC) isproud to bring forward a pragmatic, practical, and portable free-market alternative to the current health care system without the unworkable taxes and mandates forced on American families through the President’s health care law.
http://rsc.scalise.house.gov/solutions/rsc-betterway.htm  

Tuesday, July 23, 2013

Health Stats: Comparing US to Universal Healthcare



Percentage of men and women who survived a cancer five years after diagnosis: 

            U.S.                    65%
 
            England               46%
 
            Canada                42%
 

Percentage of patients diagnosed with diabetes who received treatment within six months:
 
            U.S.                      93%
 
            England                15%
 
            Canada                43%
 

Percentage of seniors needing hip replacement who received it within six months:
 
            U.S.                      90%
 
            England                15%
 
            Canada                43%
 
 
Percentage referred to a medical specialist who see one within one month:
 
            U.S.                      77%
 
            England                40%
 
            Canada                43%
 
 
Number of MRI scanners (a prime diagnostic tool) per million people:
 
            U.S.                      71
 
            England                14
 
            Canada                18
 
 
Percentage of seniors (65+), with low income, who say they are in "excellent health":
 
            U.S.                    12%
 
            England                2%
 
            Canada                6%
 
 
            And now for the last statistic:
 
 
            National Health Insurance?
 
            U.S.                   NO
 
            England              YES
 
            Canada              YES

*statistics from a survey by the United Nations International Health Organization; published by Investors Business Daily.

Thursday, April 11, 2013

Medicaid Patients Have Worse Access and Outcomes than the Privately Insured


Abstract: Academic literature has consistently illustrated that Medicaid patients—adults and children—have inferior access to health care, and notably poorer health outcomes, than privately insured patients. Due to the program's low reimbursement rates, more and more doctors are refusing to even accept Medicaid. As a result, it is becoming increasingly difficult for Medicaid patients to find access to primary and specialty care physicians. When Medicaid patients are admitted to hospitals, they are often admitted with more serious conditions than those with private insurance. By further expanding this broken program, Obamacare will only exacerbate the situation, continuing to harm many low-income Americans who have no option other than Medicaid. Policymakers should reform Medicaid to allow Medicaid patients access to private insurance in a consumer-driven market.

Established as a fundamental component of President Lyndon Johnson's Great Society, Medicaid is a jointly funded federal and state program that pays for health care for low-income individuals. The academic literature has consistently illustrated that Medicaid patients have poorer access to care, and poorer health outcomes, than privately insured patients. By further expanding this broken program, the Patient Protection and Affordable Care Act - Obamacare - only exacerbates the situation. Policymakers should reform Medicaid to provide consumers with greater access to private insurance in a consumer-driven market.

Medicaid typically pays physicians 56 percent of the amount that private insurers pay.[1] Given these low reimbursement rates, more and more doctors are refusing to accept Medicaid.[2] As a result, it is becoming increasingly difficult for Medicaid patients to find primary care doctors and specialists. When Medicaid patients are admitted to hospitals, they are often admitted with more serious conditions, and in some cases, with a higher level of co-morbidity, than privately insured patients. The peer-reviewed academic literature clearly illustrates Medicaid's problems for children as well as for adults.

Children Suffer Under Medicaid

Medicaid undermines care for millions of children. Consider, for example, children with asthma, one of the most common chronic diseases affecting children in the United States. A 2001 study published in the Journal of Health Care for the Poor and Underserved compares hospital care for children with asthma who are covered by Medicaid to children with asthma who are covered by private insurance in California, Georgia, and Michigan.[3] The authors found slightly longer length of stay and significantly poorer outpatient care for the children on Medicaid. In terms of outpatient care, the authors specifically found that pediatric Medicaid patients were more likely than privately insured patients to be discharged on subpar medication routines. The authors also found that Medicaid patients generally lacked a consistent source of outpatient care, unlike privately insured patients. These issues with outpatient care suggest that these children are more likely to be re-admitted for hospitalization at a subsequent time in the future.

Adequate access to care is also a serious problem for children on Medicaid. A 2004 study published in Pediatrics examined children’s access to specialty surgeons in Southern California.[4] The researchers surveyed specialty surgeons throughout southern California and found that the surgeons are generally less inclined to accept patients enrolled in Medi-Cal (California’s version of the Medicaid program). The surgeons cited difficult paperwork, administrative burdens, and poor reimbursement rates as reasons for not wanting to take on these patients. The authors consequently caution policymakers about expanding this program, noting that coverage through Medi-Cal does not necessarily signify meaningful access to health care. The authors also suggest that expanding Medi-Cal may in fact exacerbate the existing problems of limited access to care.

Another study published in 2005 in Urology found similar problems with boys’ access to urologic care.[5] The authors surveyed a simple random sample of urologic offices located throughout California in order to determine the offices’ attitudes toward Medi-Cal recipients. Of the offices they found that were willing to see pediatric patients, the authors found that 96 percent of these offices would accept privately insured patients. They also found that only 41 percent of these offices would accept Medi-Cal patients. Three-quarters of the offices that refused to accept Medi-Cal patients were unable to even recommend offices that would.

Furthermore, a recent study published in the New England Journal of Medicine examined pediatric access to specialty clinics in Cook County, Illinois.[6] Sending out research assistants posing as mothers and making phone calls to a random sample of specialty clinics, the study found a significant disparity between access to specialty care for privately insured children and children on Medicaid as well as the publicly funded Children’s Health Insurance Program (CHIP). Specifically, the researchers noted more denials of appointments as well as longer waiting times for Medicaid and CHIP patients than for privately insured patients.

These studies suggest that children on Medicaid lack access to the kind of care that privately insured patients enjoy. As long as the program in its current form remains in place, these problems will persist.

Adults Suffer Under Medicaid

Children are not the only ones Medicaid is failing. A number of academic studies have also pointed out the disparities in health outcomes between adult Medicaid recipients and those who are privately insured.

A 1993 study published in the New England Journal of Medicine found that breast cancer patients in New Jersey were often diagnosed with more advanced stages of the disease and had higher risks of death if they received their insurance coverage through Medicaid instead of private insurance.[7] These findings have been corroborated by a number of subsequent studies looking at a variety of serious illnesses:
  • A 2000 study published in Cancer examined health outcomes of breast cancer patients in Florida. The study found that, as a result of later diagnoses, Medicaid patients have higher mortality rates than patients who are covered by commercial fee-for-service insurance.[8]
  • A 2000 study published in the American Journal of Public Health that examines colorectal cancer treatments and outcomes found that Medicaid patients not only had higher mortality rates, but were also less likely to receive cancer-directed surgery, than patients using commercial fee-for-service insurance.[9]
  • A 2001 study published in Cancer compared health outcomes for a variety of cancers for patients in Michigan. The study found that Medicaid patients had significantly higher rates of occurrence as well as higher risks of death for breast, cervix, colon, and lung cancers compared to non-Medicaid patients. The study also found that Medicaid patients had a higher risk of being diagnosed with these cancers at later stages.[10]
  • A 2003 study published in the Archives of Internal Medicine that compares health outcomes for colorectal, lung, prostate, and breast cancer in Kentucky for a variety of insurance classifications also found similar results. For all four illnesses, the authors found that survival rates are markedly higher for privately insured patients than for Medicaid patients.[11]
Most recently, a 2010 study in the Journal of Hospital Medicine found similar results for non-cancer-related illness. In this study, the authors examine the relationship between insurance status and health outcomes for myocardial infarction, stroke, and pneumonia patients.[12] The authors statistically analyzed a nationally representative hospital database and noticed, even after adjusting for factors such as age, gender, income, other illnesses, and severity, higher in-hospital mortality rates for Medicaid patients than for privately insured patients. Additionally, even after adjusting for these factors, the study found that Medicaid patients hospitalized for strokes and pneumonia also ran up higher costs than the privately insured, as well as the uninsured.

Medicaid: Hinders Access to Care, Fails to Meet Patients’ Needs

A number of academic studies over the years have illustrated that Medicaid patients have consistently had poor access to care and that Medicaid fails to meet important needs:
  • A 1992 study in the Journal of the American Medical Association examined hospitalizations in Massachusetts and Maryland.[13] The study found that Medicaid and uninsured patients were statistically more likely than privately insured patients to be hospitalized for avoidable conditions such as pneumonia and diabetes.
  • A 2007 study in Health Affairs examined access to specialty services for patients who receive primary care from community health centers.[14] The study found that Medicaid recipients have significantly more difficulty accessing specialty care than privately insured patients.
  • A 2012 study in Health Affairs examined physicians’ willingness to accept new patients. Using survey data from a nationally representative sample, the study found that nearly one-third of physicians nationwide will not accept new Medicaid patients. Doctors in smaller practices, as well as doctors in metropolitan areas, are among the least inclined to accept new Medicaid patients.[15] The authors’ results suggest that this reluctance may largely be a consequence of Medicaid’s poor payment rates to doctors.
Given these findings in the peer-reviewed literature, it is not surprising that Medicaid patients often arrive at emergency rooms in poor, and in many cases, untreatable condition. In fact, research has shown that Medicaid and CHIP patients end up in emergency rooms even more frequently than uninsured patients.[16]

Solutions

As the academic research has consistently suggested, Medicaid’s so-called safety net cripples the very people it is designed to help. To fix the broken safety net, Congress should consider the following.[17]
  • Repeal Obamacare and its Medicaid expansion. One of Obamacare’s greatest pretenses is that it improves access to health care. The new law attempts to achieve this goal by dumping millions more patients into the broken Medicaid system. Recent Heritage Foundation research has statistically illustrated the debilitating effect that Medicaid expansion will impose on state governments.[18]
Some proponents will likely argue that Obamacare addresses access issues by providing additional federal funding to increase physician reimbursement to Medicare levels. However, this additional federal reimbursement is only temporary and solely applies to primary care physicians. As a result, it is only a matter of time until state budgets become more burdened and a lack of access to meaningful health care becomes even more of a problem nationwide.[19]
  • Maximize access to private health insurance for Medicaid beneficiaries. The best approach to improving access and outcomes would be to integrate the success of private health insurance into the Medicaid system. Some states, such as Florida, have pursued reforms in the past decade by giving Medicaid patients a choice of private managed care plans. A five-county pilot version of the program flattened Medicaid costs and had been saving the state slightly under $120 million annually. Additionally, the program overall noted greater access to care, higher degrees of patient satisfaction, and a marked improvement in health outcomes.[20]
The Heritage Foundation’s Saving the American Dream proposal goes further. It recommends transitioning non-disabled Medicaid beneficiaries out of the failing Medicaid program and into private health insurance and integrating private, patient-centered models into Medicaid to better serve the disabled and frail elderly.[21]

Conclusion

Medicaid is a prime example of government’s inability to outperform—or even keep up with—the private sector. Academic research has consistently illustrated that the program is associated with poorer access to care and poorer health outcomes than private insurance. With the right reforms, however, lawmakers can significantly expand Medicaid patients’ access to private health insurance and put low-cost, high-quality care back in the hands of those truly in need.

—Kevin D. Dayaratna is Graduate Fellow in the Center for Health Care Policy Studies at The Heritage Foundation.

http://www.heritage.org/research/reports/2012/11/studies-show-medicaid-patients-have-worse-access-and-outcomes-than-the-privately-insured

Thursday, March 14, 2013

The Final Strike to Obamacare


March 7, 2013

by: Bryan Baumgart

The death of Obamacare was prolonged Wednesday when Congress approved legislation to fund the government through the 2013 Fiscal Year. By settling for minor cuts to spending, Republican House leadership effectively allowed the opportunity to end Obamacare to slip through their hands.
  
In January, hoping to buy time to shore up Obamacare's Achilles Heel, the Obama administration waived the deadline for states to establish exchanges.

When Rep. Nancy Pelosi stated, "We will have to pass it [Obamacare] to see what is in it", she had no idea the fatal flaw she was ignoring. Obamacare was crafted in such a way, that its funding is completely dependent on the states to establish exchanges. If a state refuses to set up an exchange, and so far 25 have refused, the federal government must step in and create one. However, the law does not authorize tax credits and subsidies to flow through federally created exchanges, only those created by states. Furthermore, there is reason to doubt that the federal government has either the ability or the money to implement the exchanges themselves. To date, congress has not appropriated any funding for this purpose. Unfortunately, today marked a missed opportunity for Republican leadership to take advantage of this flaw.

Fortunately, we have one last opportunity to get it right, before Obamacare takes full and irreversible effect in 2014. Current government funding expires on September 30, 2013. Congress will be under immense pressure to pass a budget or another continuing resolution (CR) to avoid a government shutdown. This will be our one and final chance to take down Obamacare. Conservatives must stick together and refuse to approve any budget or CR that does not completely defund Obamacare (including the exchanges, Medicaid expansion, etc.). It would also be an appropriate time to repeal the attack on religious liberty.

Now is the time to see what kind of political courage our Republican leadership has. We have heard plenty of rhetoric surrounding priorities and promises to take Obamacare down. Will our leaders walk the walk, or just keep talking?

(Note: Any attempt to unilaterally rewrite the law to fix these flaws would certainly end up before the Supreme Court. Perhaps next time they will get it right.)

If you do only ONE thing to help your country this year, I encourage you to contact your reps and demand that they do not pass a CR that does not sufficiently defund Obamacare and all of its provisions.

Congressman Lee Terry:
11717 Burt Street, Suite 106
Omaha, NE 68154 
Phone: (402) 397-9944
Fax: (402) 397-8787

Congressman Jeff Fortenberry:
301 South 13th Street, Suite 100
Lincoln, NE 68508
p (402) 438-1598
t  (866) 725-5255
f  (402) 438-1604

Congressman Adrian Smith:
1811 West Second Street, Suite 275
Grand Island, NE 68803
Phone: (308) 384-3900
Fax: (308) 384-3902

Senator Deb Fischer:
P.O. Box 83287
Lincoln, NE 68501
Phone: 402-742-0084

Senator Mike Johanns:
9900 Nicholas St., Suite 325
Omaha, NE 68114
Tel: (402) 758-8981
Fax: (402) 758-9165

Tuesday, February 26, 2013

Defunding Obamacare Before It’s Too Late




Obamacare has already been a scourge to the American people.  Costs are skyrocketing and the Congressional Budget Office recently reported that it will force 7 million Americans out of their existing health insurance.  Congress passed the bill, and only now are we finding out what is in Obamacare.  This downward spiral can and must be prevented, though.  Although many of Obamacare’s provisions are now the law of the land, many of the law’s most damaging and irreversible provisions do not take effect until 2014.

If lawmakers fail to defund Obamacare, it will cost the American people an estimated $2.6 trillion over ten years, increasing the federal government’s health spending by 15 percent.  The window of opportunity to stop the implementation of these massive new subsidies is closing.  On October 1, 2013, open enrollment begins for the federally backed health care exchanges. On January 1, 2014, new money from Washington will begin flowing to states and individuals, all but ensuring that these new entitlements will become a permanent fixture of life in America.

When Congress returns from the President’s Day recess, they will face immense pressure to pass another continuing resolution (CR) before current government funding expires on March 27.  The CR is the appropriate legislative vehicle by which to reverse course on Obamacare.  It is not rocket science –it is easily done though a series of appropriations riders – but it does require political courage. 

By talking about the sequester, President Obama wants to distract us from Obamacare. Over the next month, we have an opportunity to defund Obamacare – resulting in massive savings for Americans – and stopping the further destruction of America’s health care system.

Conservatives should not approve the forthcoming CR unless it defunds Obamacare; and we’re not talking about a half-hearted effort and fig leaf accomplishment.  Real defunding includes Obamacare’s unworkable exchanges, unsustainable Medicaid expansion, and the myriad of new programs created by the law.  In addition to reversing Obamacare’s financial damages through the series of appropriations riders, there must be an appropriations rider to repeal the HHS mandate that attcks the religious values and principles of countless Americans.

If lawmakers genuinely believe Obamacare is a threat to the very fabric of America, they must fight to defund it on the upcoming CR.  Congress knows conservative opposition to Obamacare is still strong and growing.  Congress must be held accountable.  The Obama administration will of course argue that the CR is not an appropriate legislative vehicle to defund Obamacare.  That’s a foolish political ploy and a means of deferring defunding until all the damage is done.  Now more than ever before, timing is critical and your voices are crucial.

http://heritageaction.com/2013/02/defunding-obamacare-before-its-too-late/?utm_source=heritageaction&utm_medium=email&utm_campaign=wwf-defund-obamacare 

Sunday, November 11, 2012

Obamacare: The Road to Repeal Starts in the States

by Michael F. Cannon

States that have refused to implement the Obama health law have already blocked $80 billion of its new deficit spending. If more states follow suit, they can block the other $1.6 trillion and force Congress to repeal the law.

The law relies on states to implement two of its most essential pieces: health-insurance "exchanges" and a vast expansion of Medicaid. Exchanges are government agencies through which the law channels $800 billion to private health-insurance companies.

The Medicaid expansion adds another $900 billion to the federal debt, with private insurers again taking a slice. States are under no obligation to implement either. Responsible state officials will say no to both.

It is a myth that creating an exchange gives states more control over their insurance markets. Yes, the law directs the federal government to create one in states that do not. But every exchange must be approved by federal bureaucrats, empowering them to impose whatever oppressive rules on "state-run" exchanges they would impose through a federal exchange.

In contrast, by refusing to create an exchange states can block the law's debt-financed subsidies to private insurance companies and avoid new taxes on their employers and consumers.

The law imposes a $2,000 per-worker tax on employers, but only in states that create an exchange. (If Virginia creates one, there will be a giant sucking sound as employers flee to Louisiana, Texas, South Carolina and Florida, which have said they will not.) States creating exchanges will have to increase taxes another $10 million to $100 million per year to cover their operating costs.

* * * * *
 
The Supreme Court further empowered states when it overturned the law's Medicaid mandate. That mandate required states to expand their Medicaid rolls dramatically on pain of losing all federal Medicaid funds, which comprise 12 percent of state revenues. Twenty-six states challenged that mandate as unconstitutionally coercive.

They won. The court held the federal government cannot withhold existing Medicaid grants from states that fail to expand their programs. States may now refuse to expand their programs without fear.

And they should. My Cato Institute colleague Jagadeesh Gokhale estimates this expansion would cost Florida, Kansas, Illinois and Texas roughly $20 billion each in its first 10 years. New Jersey and New York would pay $35 billion and $53 billion, respectively. So you know we're not cooking the books, Gokhale projects California would save money.

But not for long. President Obama is already trying to shift even more Medicaid costs to the states. It's called "predatory federalism": Washington uses a low introductory rate as bait, then once states are hooked it changes the terms. In the end, even California will take it on the chin.

This is money states don't have. Nor can Washington, with its trillion-dollar deficits, afford the $900 billion the Congressional Budget Office estimates this Medicaid expansion would cost the federal government.
In total, state officials can block $1.6 trillion of deficit spending simply by sitting on their hands. According to CBO estimates, the handful of states that have already refused to expand Medicaid are saving taxpayers $80 billion.

* * * * *
 
Blocking these provisions will expose the full costs of the law, instead of allowing the federal government to shift those costs to taxpayers. The resulting backlash will push members of Congress to switch their votes and support repeal, just as two House Democrats did during the latest repeal vote. A critical mass of states could literally force Congress to repeal the Obama health law.

Opposition to these individual provisions, like opposition to the Obama health law, is bipartisan.

Among the governors refusing to create an exchange is New Hampshire's Democratic Gov. John Lynch, who signed a law forbidding one. Montana's Democratic Gov. Brian Schweitzer is among the dozen or more governors who are balking at the Medicaid expansion. Not that it takes a governor — a solid bloc of state legislators, or even just one committee chairman, is enough.

The Obama health law is weaker, and the path to repeal is clearer, than it has ever been.

This article appeared on Richmond Times-Dispatch on August 5, 2012. 

http://www.cato.org/publications/commentary/obamacare-road-repeal-starts-states

Obamacare Violates the Constitutions Origination Clause; Legal Challenge Moves Forward


Once Obamacare was passed, there was a host of legal challenges filed.  Most of them centered around the insurance mandate and whether or not it was constitutional for the federal government to force citizens to purchase a product.

One of the lawsuits launched against Obamacare involved a businessman named Matt Sissel. The Pacific Legal Foundation took on Sissel’s case. When the US Supreme Court agreed to hear three of the legal challenges, Pacific Legal Foundation decided to put a hold on Sissel’s lawsuit to see what the Supreme Court would rule.

From the reactions and comments of the Supreme Court Justices during the arguments of both sides, many people believed that the high court would overturn the mandate and possibly all of Obamacare. On June 28, 2012 the United States Supreme Court stunned the nation by upholding the entire Obamacare package. Chief Justice John Roberts broke before the four – four tie by ruling that the penalty part of the insurance mandate was a tax.

Once Roberts ruled the penalty for not complying with the insurance mandate was a tax to be enforced by the IRS, most other legal challenges to Obamacare fell by the wayside. However, because Roberts ruled the penalty of tax it opened up a new legal challenge to the constitutionality of Obamacare that Pacific Legal Foundation plan to use on behalf of Matt Sissel.
According to the Article 1, Section 7, of the United States Constitution any legislation to create a tax to be collected by the federal government must originate in the House of Representatives. This is known as the Origination Clause. PLF claims that the original bill that was used to create Obamacare originated in the Senate and not the House, thus making Obamacare illegal. 
Based on this information they are now moving forward with the case in the court system.

Judge Beryl Howell of the US District Court for the District of Columbia recently ruled that PLF’s argument based upon the Origination Clause can proceed forward in the court. PLF Principal Attorney Paul J. Beard commented saying:

“Our commitment is strengthened, and our fight goes on.”

“With Obamacare, the legislative process was backwards— and that makes it unconstitutional. If it’s a tax, as a Supreme Court called it, then it started in the wrong house.”

“When we focus on the Origination Clause, we’re not talking about dry formalities and this isn’t an academic issue. The Founders understood that the power to tax, if misused, involves the power to destroy, as Chief Justice John Marshall put it. Therefore, they viewed the Origination Clause as a safeguard for liberty. They insisted that the power to initiate new taxes should be left with the lawmakers who are most directly accountable to voters— members of the House, who are elected every two years by local districts.”

Matt Sissel says he is in the legal fight for the long haul. As a small business owner in Iowa City, Sissel said:
“I am in this lawsuit to defend liberty and the Constitution. That purpose and that promise continue today. My lawsuit is more important than ever, and we’ll move ahead with it, all the way up the judicial system, if necessary.”

“Quitting is never an option. In the military we learned you don’t stop halfway up the hill. The same goes with our courtroom challenge to Obamacare. I’m grateful to PLF for sharing my determination to move forward.”
This challenge may be the last hope of fighting off Obamacare and the huge negative impact it is having on our nation, economy, and healthcare industry. This battle may be long and expensive but Sissel and the PFL are determined to see it through to the end. We all need to get behind them and support them in any way possible if there is any hope left to stop the ugly beast known as Obamacare from devouring us all.

Tuesday, July 31, 2012

Doctor Shortage In America

July 31, 2012 

ObamaCare is set to expand the number of insured Americans, but an apparent shortage of doctors could make it difficult to treat them all. 

The primary objective of President Obama's overhaul of the health-care system is to extend coverage to the tens of millions of Americans currently without insurance. "But coverage will not necessarily translate into care," because there may not be enough doctors to treat everyone, say Annie Lowrey and Robert Pear at The New York Times. The U.S. is already facing a severe shortage of doctors, particularly in rural areas of the country, and the problem is only expected to get worse as more Americans gain insurance. Here, a guide to America's dearth of doctors:

Why aren't there enough doctors?
The pool of new doctors hasn't kept pace with several factors boosting the number of people seeking care: Population growth, the ObamaCare expansion, and an aging Baby Boomer generation that requires additional medical attention. Enrollment in Medicare, the government-run insurance program for the elderly, is expected to swell to 73.2 million in 2025, up from 50.7 million in 2012. Furthermore, the U.S. is facing an acute shortage of primary-care physicians, leaving many patients without access to general practitioners, pediatricians, family doctors, and other providers of basic medical care.

How will the shortage affect patients?
"A shortage of primary-care and other physicians could mean more-limited access to health care and longer wait times for patients," say Suzanne Sataline and Shirley S. Wang at The Wall Street Journal. The shortage will likely most affect those on Medicaid, the insurance program for the poor and disabled, since Medicaid's rolls are expected to expand significantly under ObamaCare. The shortfall of doctors could reach 100,000 by 2025. (There are currently about 1 million doctors in America.)

Why do so few doctors choose to go into primary care?
The main reason is money. Medical school graduates can expect to make an average of $3.5 million more over the course of their careers if they choose to enter a specialized field, such as anesthesiology or radiology. The difference in pay is enough that primary-care physicians carry a stigma within the medical community of being less talented and intelligent. The trend has huge implications for ObamaCare: "It is no exaggeration to say that the success of the health-care law rests on young doctors choosing to do something that is not in their economic self-interest," says Sarah Kliff at The Washington Post.

What can we do about it?
ObamaCare contains modest provisions increasing Medicaid primary-care payments and incentives for medical students to become primary-care physicians. The number of primary-care residencies climbed 20 percent between 2009 and 2011, but it's still not enough. Communities have been encouraged to create more walk-in clinics, and to allow more nurses to provide primary care. In addition, the U.S. could alter its immigration policies to attract doctors from overseas, "which should be very easy to do since doctors in the U.S. earn on average about twice as much as their comparably trained counterparts in Western Europe and Canada," says Dean Baker at Business Insider.

http://theweek.com/article/index/231267/is-america-running-out-of-doctors 

Thursday, July 26, 2012

A Physician’s Solution to Healthcare

Written by  Alieta Eck, M.D. - 26 July 2012

Whatever happened to Healthcare? Muhlenberg Regional Medical Center, a hospital in central New Jersey, recently closed its doors after 130 years of operation. Though this seemingly equated to a failure in private provision of healthcare, this actually represented a colossal failure of government, as mandates coupled with inadequate funding for Medicare, Medicaid, and “charity care” left this hospital with an apparently unsolvable dilemma: It could not pay its bills.

How did we get there? Muhlenberg’s website explained that the hospital emerged from the efforts of seven volunteers who were deeply touched by a local train accident in 1876. After a physician had to perform surgery by candlelight at a nearby freight house, these individuals set out to build a community hospital. They raised funds from their neighbors, friends, and philanthropists who cared about the well-being of area families. The government had nothing to do with it, except to make things as easy as possible for these good people to succeed in their mission.

In the 1950s, the future looked bright. Unemployment was as low as two percent, and most families had private insurance. Hospitals were full of volunteers, providing training for medical and nursing students. Communities held fundraisers, and hospitals were major recipients of private charity. The poor were cared for, as physicians donated their time in hospital-based clinics.

City and county hospitals were built, set up by local governments. Outpatient visits to charity facilities rose some 310 percent from 1944 to 1965. Each indigent patient typically was charged $5 for a visit, the community rallied, and expenses were met. Once their economic lot improved, the poor were happy to transition out of the public hospitals, as there were fewer amenities than existed in the private hospitals. Public hospitals were clean, though not luxurious.

Everything was local — the way healthcare should be. Health insurance was a way to shield one’s assets from sudden depletion and was reserved for major medical events. Patients hoped they would not need to use it any time soon. Then, due to a quirk in the tax laws, health insurance became deductible, though only if it was purchased by one’s employer. So unlike any other insurance, it became an employee “benefit” rather than a personal responsibility.

Downward Spiral

In 1965, Congress enacted the huge Medicaid and Medicare programs. The idea was to enroll the poor and elderly into these large federal programs and thus provide equal access to all citizens. It was perceived that the poor no longer should be “stigmatized” and segregated into county or city hospitals, but should receive all the amenities that were given to those who paid. Efficient 12-bed wards gave way to two-bed rooms with the concomitant increase in personnel needed to staff them. Local control by municipalities was taken away, and the hospitals were sold to medical schools and private corporations.

From the very beginning, Medicaid and Medicare never covered more than half the cost of the care these programs promised. Yet the care was provided, and the costs were shifted. While the consumer price index rose 300 percent between 1960 and 1980, the per diem cost of hospital beds rose by 900 percent. The big government programs and employer-purchased insurance contributed to the steep, spiraling inflation of healthcare costs, for no one is as frugal when he is spending other people’s money.

In 1986, Congress enacted the Emergency Medical Treatment & Labor Act (EMTALA) to ensure public access to emergency services — emergency services only — regardless of ability to pay. This led to a great overuse of the emergency rooms for non-urgent care. The uninsured public learned that they could show up with sore throats and earaches and receive treatment because the emergency rooms learned that it was easier to just care for the people than to spend the time trying to determine the urgency of the patient’s illness.

Few could have imagined the unintended consequences that would creep in and eventually destroy our hospitals. Before government intervention, the laws of the marketplace set hospital charges. Patients usually paid their own bills, based upon ordinary, understandable receipts. Hospitals were run by administrators who came out of the medical profession. After all, who would understand what was needed better than a recently retired surgeon? His pay would be similar to any one of his colleagues, not the multiples of millions of dollars now awarded to the professional medical executive class.

Rather than our medical facilities and hospitals remaining local efforts — with many hands working together to create a better community — presidents, governors, judges, and legislators were not able to resist the urge to exert top-down control. Over-regulation, government mandates, and inadequate payments from government programs made Muhlenberg and every other hospital struggle to keep afloat.

As an example, imagine what would happen if a grocery store were mandated to provide food for every hungry person, regardless of ability to pay. People would show up, plate and fork in hand, and demand the highest quality gourmet food, never considering the bill. Politicians would win elections by promising food for all, while reassuring the stores that they would be reimbursed for “uncompensated charity food.” But tax rates can only be increased so much, and there would never be quite enough to cover the ever-increasing demand. The store would make a valiant attempt to go on, cutting corners, always aware that lawsuits would be the ultimate result when it could no longer keep up.

Any sane storeowner would simply shrug and close the doors rather than listen to the angry demands of hungry patrons who must wait longer and longer for food and complaints of overworked employees, while being pressured by government bureaucrats and annoyed politicians. Then again, generous campaign donations might ensure that legislators appropriated plenty of tax dollars in the direction of well-connected supermarkets — a recipe for corruption.

The Beginning of the End

The final straw in New Jersey, where this writer practices medicine, was the enactment of the Individual Health Coverage Program of 1992, which actually forms a template for the goals set forth in Obama­Care. With this law we have “guaranteed issue,” where no pre-existing conditions can be excluded from insurance coverage. The government dictates what needs to be covered on every policy, and what deductibles or co-pays can be chosen. Each insurance company regularly updates the website with its monthly premiums. This law led to the tremendous increase in the cost of health insurance in New Jersey, and the unacceptably large numbers of uninsured. Families find they must pay $2,000-$3,000 per month for even the most basic plans.

Government programs insisted on the best prices, so the “chargemaster” or sticker prices rose precipitously. Because government and insurance companies refused to pay bills in their entirety, physicians and hospitals were not clear on what they would be paid, and doctors tended to raise their bills to maximize reimbursement. When Medicaid and Medicare pay less than 50 percent of the actual cost of care, and state funds are inadequate to pay for state-reimbursed “charity care,” hospitals have attempted to charge the uninsured many multiples of the costs they incur. Today an uninsured new mother will get a hospital bill of $25,000 for the delivery of her baby. Blue Cross pays $5,700 for the same event because insurance companies contract with medical providers for reduced rates. (If government does not get the lowest rate, it claims fraud.)

Hospitals have morphed into revenue centers instead of places where people can serve those who are hurting. They began as places of mercy, where the poor would find kind care. But today we see fewer young people encouraged to volunteer as candy-stripers. Professional CPT coders, chart reviewers, and utilization reviewers plague the physicians with demands and pressures to order more or less tests. Which insurance company will pay more for which code becomes the driving factor in the operation of the hospital. Instead of focusing on the patients, pressures from payers determine care. Good medical care becomes secondary to the ways to obtain the best reimbursement.

Hospitals are required to care for every patient, regardless of ability to pay. Because of the burden of caring for the uninsured, hospitals are always seeking extra funds from the feds or the state to keep the operations afloat. Money flows, the taxpayers are fleeced, and no one seems to notice that the hospital executives are reaping ever-increasing reimbursement packages.

Subsidiarity and Bottom-up Care

Maybe it is time to think outside the box. It is time to unshackle the medical community so that it can get back to the simple task of caring for patients. It is time to restore the common-sense concept of subsidiarity, where those closest to the problem provide the greatest input in solving it. People ought to be responsible for their own medical care, paying for routine services with their own funds just as they would pay for the routine maintenance of their cars.

If there is a greater need — for a specialist consultation or an MRI — the family could chip in to help. The church or local community could have a fund to help those who cannot help themselves. If a medication is needed long-term, it would be wise to have the doctor find the best medicine at the lowest price. Shop around for the best deal. This way of thinking should be the norm.

In order for health insurance to become affordable, it needs to be rarely used and reserved for major medical events — like accidents or operations. Insurance should be a way to cushion one’s assets and bank accounts from sudden depletion. No one hopes to use his homeowner’s insurance, but maintains his home, to lessen the chance of it being needed. We do not plan to use our auto insurance, but drive carefully and maintain our vehicles so that accidents can be avoided and we will not need to make that phone call to collect from the insurance company. Additionally, plans with high deductibles could be selected, which would result in lower premiums.

Of course, some people who propose to maintain the status quo rightly claim that few ultimately escape the need for medical care; therefore, health insurance must be different from other forms of insurance. But this is no reason to make even the smallest of medical transactions the concern of some third party. As a matter of fact, in the Oath of Hippocrates, it was clearly understood that the very best care is rendered when done privately. Personal fears and issues can be addressed best when the patient is confident that his privacy will not be violated. New medical graduates recite these lines:

I do solemnly swear by that which I hold most sacred … that all that may come to my knowledge in the exercise of my profession or in daily commerce with men, which ought not to be spread abroad, I will keep secret and will never reveal.

ObamaCare and the government programs are pushing for electronic medical records, where every transaction will be displayed online. But all the passcodes and safeguards in the world cannot possibly prevent the violation of privacy that will come. Those who are “entitled” to look at the record of any individual are ever growing in numbers.

Breaking Free

When my husband John and I started our medical practice in 1988, we learned early on that caring for the poor via the Medicaid program was a quick way to financial ruin. Reimbursement, which came months after the visit, was so low that it cost more money to process the claims than we received from the government. Yet, we wanted to care for the poor. It occurred to us that the poor would do well to have the benefit of the community when they found themselves sick and with no resources. A plastic Medicaid card was cold and impersonal, hardly what they needed, and the frustration of not being able to find a participating physician was rejection that would only compound their despair.

But more importantly, we wanted to enlist the help of people who would demonstrate compassion in a way that would provide a lasting impact. We had listened to caseworkers tell of their frustration in being trained to keep people trapped in poverty, since their jobs and the viability of the welfare programs required a constant pool of new sign-ups. One story tells of a caseworker instructing a young client to get pregnant, for this would instantly qualify her for Medicaid, and then she would be able to get braces to straighten her teeth.

My husband and I studied The Tragedy of American Compassion, by Dr. Marvin Olasky, enlisted the help of fellow parishioners in our church, and determined to open a non-government free clinic at our church. A 900-square-foot house on the church grounds had been flooded by Hurricane Floyd in 1999, and the church leaders agreed to allow us to configure the rooms in the most efficient way possible for a medical facility. Volunteers stepped up to help with time, skills, and money, so by the time we opened the doors of the Zarephath Health Center in 2003, it was debt free.

Today, despite being open only 14 hours a week, we see 300-400 patients per month utilizing a volunteer staff of physicians, nurses, and support personnel. We are amazingly efficient; we use no CPT codes, or ICD-9 codes, which define the type of illness a patient has and what medical procedure was done and can be billed for, and no billing of the patient or the government. The actual cost to provide care, including the money we need to pay for the utilities and office and medical supplies, amounts to just $15 per patient visit. A free-will offering box is located at the front desk to collect patient “donations,” and generous donors easily make up the difference between what patients pay and what the visits cost. When the patient leaves the premises, the transaction is complete. Both the giver and the recipient are ennobled, as the generosity of the physicians and nurses is met with genuine thankfulness by the patient.

Better yet, other volunteers take an interest in each individual, finding out more of their circumstances, seeking to find what has led them into their tight financial state, and what might be done to alleviate their pain. Support groups and practical help for single moms, church groups similar to Alcoholics Anonymous, drug addiction counseling, a clothes closet and food pantry, genuine friendship, and Bible study and prayer groups all contribute to a culture of caring that causes many people to return and get the help that eventually gives them hope and helps them out of poverty.

In the summer of 2011, the Zarephath Health Center moved out of the small house and into a newly configured 5,000-square-foot facility complete with five exam rooms, a large classroom, and ample storage for donated items.

Who Do We See?

It is 5:00 p.m. on a Wednesday evening. People are beginning to line up at the door of the free clinic, which opens at 7:00. Some have been at the clinic before, while others are coming for the first time. They strike up conversations, unloading their tales of losing jobs, struggling with homelessness, and wondering where their next meal will come from. Friendly volunteers work the lines, offering a compassionate ear. A clothing and food pantry are right next door, and the patients are invited to check them out. There is a certain camaraderie that comes from a common theme — life is hard.

One unemployed patient comes with diabetes and high blood pressure. We supply him with test supplies, medicines, and dietary advice and work to teach him ways to prevent complications of his diseases.

Another patient is sitting on the exam table, and his eyes light up when we come into the room. His story goes back three years or so, when he came into the office with such large nasal polyps he could barely breathe. He could not sleep and was exhausted, so he came with disability papers for me to fill out. He was in his 50s, and he doubted he could ever work again.

He had not been able to find a doctor to help him. He was marginally employed. He had qualified for charity care at the hospital, but the surgeon’s fee of $1,600 was more than he could handle. It occurred to me that all I needed to do was find a doctor, explain the situation, and offer to have the Zarephath Health Center pay a negotiated fee. Nine hundred dollars was agreed upon, and the man received exactly the help he needed.

Now he has cancer. The local hospital is getting him the oncology treatments he needs, but he cannot find a primary care physician who takes Medicaid. When he asked if he could still come to the Zarephath Health Center, his eyes filled with tears when we told him we would be honored to still see him.

We asked about his support system, and he said he has a few friends. But now he wants to come to the free men’s breakfast held monthly on a Saturday morning. He wants to meet more people who care — who will be there for him as times get harder. He will meet men who understand his plight — who have been in difficult spots but have found that there is hope and real practical help in the faith community. He will find friends with a genuine motivation to care.

As we see the next patient, she tells of the Lasik eye surgery she recently had in New York City. We gently explain to her that anyone who can pay for Lasik surgery ought not be coming to our free clinic. She sheepishly agrees and takes the information that directs her to the private practice of some of our doctors. Since these doctors take no third party insurance, she can be assured that the fees are similar to what she would pay to service her car.

A young woman in her early thirties was in tears as she told her tale of hardship. She has a job, but is about to lose her apartment. Her husband is in jail for six months for driving while intoxicated. The night before, her cousin collapsed on her living room floor, barely breathing from a heroin overdose. He was rushed to the emergency room.

“How is he doing?” we asked. “Oh, he got better. In fact, you will be seeing him next!”

That next patient, her cousin, denied using drugs, but claimed he went to the emergency room with a panic attack. We had the ER report, but it was useless to argue. Lying is a trait firmly established in drug addicts.

I was able to access the state narcotics website, which tells of the meds, the doctors, and the pharmacies utilized by individuals. I noticed that he had gotten 12 doses of Percocet, a narcotic painkiller, from different ER doctors on separate occasions. He said that his teeth are painful, and he cannot afford a dentist.

You can imagine his amazement when we invited him back to be the first patient seen by a dentist in our newly configured dental room. A donated chair and equipment had just been set up, and the dentists were ready to volunteer.

It is our hope that the woman and her cousin will get the help and support they need. We cannot solve all their problems, but we have the support groups to help them. They know that everyone is volunteering, and the kindness is palpable.

What Have We Learned?

Our experience at the Zarephath Health Center has taught us many things about the poor. First, we have learned that the causes of poverty are as numerous as the patients we see, so any large government programs will have guidelines that fail to address the real needs. These programs develop bigger and bigger bureaucracies that attempt to weed out fraud and abuse. But the inefficient use of taxpayer funds compounds the inherent inadequacy to address the real needs of the poor. In fact, welfare programs tend to trap people in poverty so that they have every incentive to remain on the government dole. People feel alone, disenchanted, hopeless, and often angry.

Back to the Future

Susan Olasky, WORLD magazine writer, visited the Zarephath Health Center earlier this year and made an insightful observation. She had recently read Cutting for Stone, a novel by physician Abraham Verghese, and saw something in our clinic that reminded her of this book. She saw something personalized.

She wrote:

Dr. Verghese concluded that today’s system is bad for budgets, doctors, and patients. Tending to the iPatient, he writes, “can’t begin to compare with the joy, excitement, intellectual pleasure, pride, disappointment, and lessons in humility that trainees might experience by learning from the real patient’s body examined at the bedside.” Verghese describes the careful physical exam as ritual, which “strengthens the patient-physician relationship and enhances the Samaritan role of doctors — all rarely discussed reasons why we should maintain our physical-diagnosis skills.”

Verghese concludes with a cry for better medical training to produce better clinicians, those who understand “the bedside is hallowed ground, the place where fellow human beings allow us the privilege of looking at, touching, and listening to their bodies. Our skills and discernment must be worthy of such trust.” But that’s unlikely to happen unless we make our medical system hospitable once again to doctors like the Ecks.

A Simple Plan

The Federal Tort Claims Act of 1996 provides free medical malpractice coverage for professionals while they are volunteering at a free clinic. Freed from the specter of frivolous lawsuits, the physician can offer common-sense care and expect compliance from the patients.

Why not devise a similar plan with state government involved as well? We could set up a system where the physicians donate, say, four hours per week in free care. A surgeon might be asked to take on one charity case per week. Then, to protect the professionals who donate their time and expertise, each state could agree to provide full medical malpractice protection for their entire practices. Such coverage is already provided for physicians who work or teach in medical school university hospitals. The state would not be laying out money for medical malpractice insurance, but just agree to pay the costs of litigation and payouts in the event of a true injury. If a patient wanted to sue his physician, he would find himself suing the state instead. Experience has proven that far fewer claims would be made and litigation would be far less common and less costly. Any physician who makes serious errors is dropped from the FTCA coverage, and the state would do the same thing.

The result? Poor patients would get care at no cost to the taxpayers. Physicians would be rewarded with lower office overhead, not having to pay expensive medical malpractice premiums. Taxpayers would not have to fund the enormous Medicaid bureaucracy or payments for actual office-based care to the poor. In this system, unnecessary defensive medical tests would be eliminated.

We are not proposing that all the current government programs like Medicaid or SCHIP be eliminated in the short term,  but we believe that all of these programs could eventually be replaced by a far more personalized and charitable network of non-government free clinics (NGFCs). As more and more physicians choose to become involved in the program and more and more churches and civic groups chose to start NGFCs, supply would meet demand. Health insurance premiums would drop for everyone. The number of lawsuits would diminish.

It is time to think “outside the box,” come up with workable solutions, and lower the cost of healthcare for all. President Obama said he is willing to entertain any reasonable proposals. Let’s start the discussion. Congress, if it is serious, needs to work toward lowering costs and balancing budgets. Real charity care and real protection for the physician — a perfect combination!

Alieta Eck, M.D. is the current president of the Association of American Physicians and Surgeons. She is a specialist in internal medicine and practices in Piscataway, New Jersey. She and her husband, John Eck, M.D., founded the Zarephath Health Center in 2003. 


http://thenewamerican.com/usnews/health-care/item/12157-a-physician%E2%80%99s-solution-to-healthcare