The Truth about Health Care Reform HR3200 - Part 2: Some Facts and Fictions from the 100 Section

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By Happy Hubber


There are tons of rumors and misinterpretations of the Health Care Reform Bill floating around. This article address some of the rumors about the text in the 100 Section of the Bill HR3200, or the first 71 pages.

Fact:
Pre-Existing Conditions may not be excluded. (Section 111)

Rumor:
The Government will examine the books of all employers that self insure.
Fact:
Section 113 calls for a study to be conducted of large group insured or self-insured employer health care markets to help determine insurance rates and ensure there is not an incentive for employers to by pass the government plan and self-insure. This study will result in a selection of employers financial records and other information being reviewed by the government.
Opinion:
While it might be unpleasant for the employers who are chosen to be part of this study, nothing here seems unduly sinister. However, it does seem that one goal of this study to make sure employers have an incentive to offer the government plan.


Rumor:
There will be a government committee that decides what treatments and benefits you get. There will be a death panel.
Fact:
Section 123 creates a Health Benefits Advisory Committee composed of Federal Employees and Private Sector experts as appointed by the President and Comptroller General. This panel will be responsible for recommending which benefits will be covered under essential, enhanced and premium plans. These will be plan wide recommendations not patient by patient determination of care. The committee is required to consider public input.
Opinion:
If various sections and committees in our government are currently susceptible to lobbyist's efforts, self serving decisions like promoting a drug in which you own stock, coercion, and corruption, why should we believe this committee will be any different?

Rumor:
There will be a Health Commissioner who will have the power to determine what your benefits are.
Fact:
Section 142 outlines the duties and authority of the Commissioner. These duties do include establishing and enforcing health benefit plan standards for plans offered inside and outside of the government Health Insurance Exchange.
Opinion:
This is a lot of power for one person.

Rumor:
Section 152 allows for health benefits to be provided to illegal immigrants.
Fact:
Section 152 prohibits discrimination based upon personal characteristics. While personal characteristics is not defined, socially we tend to define discrimination based upon personal characteristics such as race, age and gender. Citizenship is not generally considered a personal characteristic nor is citizenship specifically referred to in this section.


Rumor:
The government program will lower costs for health insurance.
Fact:
Section 2714 mandates that if a given insurance plan does not meet a certain loss ratio that a refund must be granted to enrollees but whether or not that will translate into an actual cost savings remains to be seen.
Opinion:
The government has a long track record of mis-estimating the amount of money needed for their programs, often times by as much as 10x times the actual cost, not to mention the administrative financial black hole that is characteristic of bureaucracies.  I have no faith that a government run health care program can or will be anything but more costly then our country can even dream of affording.

Rumor:
The government will have real time access to every individual's finances.
Fact:
Section 1173(a) calls for the real time determination of whether an individual is eligible for the service to be provided and that individuals financial responsibility - i.e. how much you have to pay out of pocket, your co-pay. This is to be determined through the use of a machine readable Health Insurance ID card.

This same section also requires electronic funds transfers related to health care payment but is unclear which parties these funds transfer are between. This could mean insurance payments to physicians, or premiums due to the insurance plan by individuals or cost sharing payments due from individuals to physicians or all of the above.

There is a protection clause prohibiting the inappropriate use of data but it leaves the definition of inappropriate up to the Secretary.

Opinion:
I do not mind receiving a direct deposit of my tax refund from the IRS, but I am not sure I'd like the IRS to have the power and ability to withdraw estimated quarterly payments from my bank account at their own descresion. The same holds true for any other government or private entity for that matter. It is one thing to arrange automatic bill payments from your bank account for bills that are the same amount every month and for the exact same service, but a variable amount of money for varying service which could even be open to appeal just seems as financially dangerous as responding to a Nigeria money scheme.

Bill Text

Do not, I implore you, take my interpretation of the bill, or anyone else's for that matter, as gospel!  Read the text of HR3200 at:

http://thomas.loc.gov

Take Action!

If you have found this article helpful, please share the link with everyone you know. Then forward the article and your opinions to your representatives.

Inaction may be safe, but it builds nothing. - Dave Freudenthal

Our elected representatives do not think that the protestors at the town hall meetings are representative of the majority of America. Make sure your opinion, for or against, is heard.

You can locate the contact information for your representatives here:
House of Representatives:
http://www.house.gov/

Sentate:
http://www.senate.gov/

White House
http://www.whitehouse.gov/contact

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Happy Hubber profile image

Happy Hubber  says:
4 months ago

I received this excellent question from a family member today:

I am on Medicare but I have a backup coverage from my ex employer Xerox. Do you have any idea on how the backup will be affected. Any good web sites where I can do some research?

My response:

The backup insurance, within 5 years, will have to comply with HR3200, if passed. All the articles I’ve written apply. In addition, they are trying to cut funds to Medicare in order to fund this new program, so Medicare will be effected too. Also, the doctors and hospitals who provide service under Medicare also provide service under other insurance programs too. As the government begins to tell them what they can earn and puts other restrictions and requirements on them, you will see changes in your level of service and availability of care regardless of who is footing the bill. Finally, the money to suddenly insure millions of Americans who are currently uninsured and to subsidize those who can’t afford it must come from somewhere. If we don’t see a direct income tax, you can bet you’ll see a filter down effect of higher cost of goods as employers are forced to pay penalty taxes and higher/more premiums.

Not to mention, the socialization of parts of our finance industry, our auto industry and now our medical industry in just one year sets a VERY scary path away from the freedoms guaranteed in our constitution. What’s next?

Happy Hubber profile image

Happy Hubber  says:
4 months ago

Author's Medicare Question Response Continued:

I am reading through more of the bill today and it turns out there is a huge section of the bill dedicated to making changes to Medicare. It looks like some of it closes coverage gaps and allows for added or expanded coverage of certain items, which is probably a good thing, but could be done as a separate legislation. I have not read it all in detail so there could be some cuts in there too. I’m not sure. There are definitely changes in how doctors will be compensated which could result in changes to the level of care you receive.

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