Beyond the Constitution: The Healthcare Bill Violates the Rule of Law

When I saw this yesterday I was in awe of the lack of understanding of the rules by the parliamentarian and the ignorance of the Representative holding the gavel.  What more can you expect from the ill informed, ignorant and uneducated.  They will be soundly defeated in November.  So have a very Merry Christmas. To my Jihadist viewers, Mohammad and Allah are the Same as Santa Clause, Random thoughts while observing the passing parade. J.C.

  • Posted December 23rd, 2009 at 2.03pm in Health Care.
  • The Heritage Foundation

Senator Jim DeMint (R-SC) has pointed observers to a problematic section of the health care legislation now before the Senate that proposes (in Section 3403) to create an Independent Medicare Advisory Board. He rightly observes that the bill language makes it virtually impossible to repeal that part of the legislation, thereby attempting to bind future Congresses.

DeMint is right about all this, but—having read through the legislation—by my read it is actually much worse than has been suggested, and much more destructive of the rule of law and democratic governance.

The purpose of the Independent Medicare Advisory Board is to “reduce the per capita rate of growth in Medicare spending.” (p. 1001) Its proposals to reduce that spending “shall not include any recommendation to ration health care, raise revenues or Medicare beneficiary premiums under section 1818, 1818A, or 1839, increase Medicare beneficiary cost sharing (including deductibles, coinsurance, and co-payments), or otherwise restrict benefits or modify eligibility criteria.” (p. 1004) (And the legislation won’t pay for abortions – yea, right.)

But the Board’s proposals “shall include recommendations to reduce Medicare payments under parts C and D, such as reductions in direct subsidy payments to Medicare Advantage and prescription drug plans . . . that are related to administrative expenses (including profits) for basic coverage.” (Hmmm . . . . Sounds like rather than directly rationing health care, they just won’t pay for it.)  Complete Story

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2 thoughts on “Beyond the Constitution: The Healthcare Bill Violates the Rule of Law

  1. I really need to find out where this parade is. Love your comment.

  2. Is Congress covered by its own healthcare legislation? If not, isn’t this an example of “what’s good for the gander is not good for the goose.”

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