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Obamacare’s Actions To Destroy The Healthcare System

Posted Mar 16 2013 6:56pm
Stanley Feld M.D., FACP, MACE

The Obama administration is doing everything it can to destroy the healthcare system. President Obama continues to campaign that he is going to save Medicare and Medicaid and provide universal care while saving $4.25 trillion dollars.

It does not add up.  The Obama administration keeps raising taxes, decreasing benefits and increasing deductibles on Medicare and Medicaid premiums. The administration is decreasing the work force by regulation and executive order.

Everything that is being done increases the burden on seniors and insured workers.

To my amazement no one in organized medicine except the American Association of Physicians and Surgeons (AAPS) has protested.

I applaud Jane Orient M.D. executive director of AAPS and her Board of Directors for stepping forward and trying to defend the rights of patients and their physicians.

At stake are patients’ ability to choose their physicians and physicians’ ability to practice medicine as they choose.

Where are the AMA and all the specialty organizations in the federation medical organizations?  It is little wonder these organizations are losing members.

All medical organizations should join with Jane Orient M.D. and her Board of Directors lawsuit against the government.

AAPS  filed suit against PPACA  three days after it was signed into law, but the National Federation of Independent Business (NFIB) and 26 states stayed the case pending a Supreme Court decision in the case brought.

All of us know that the Supreme Court upheld the Obamacare law. It was deemed by Chief Justice Robert that the executive branch has the power to levy a tax. It is not within the power of the executive branch to create a mandate. President Obama insisted throughout the legal process that this was a mandate and not a tax.

In my opinion this decision by Justice Roberts was a big mistake. Obamacare is a terrible law that will not create universal healthcare. It will be ineffective and inefficient. It will destroy the healthcare system. Obamacare cannot possible work.

I think this is President Obama’s goal.

The Supreme Court in its decision acknowledged, "any tax must still comply with other requirements in the Constitution."

No one except the AAPS has challenge this point.

“The motion filed by AAPS is the first to ask an appellate court to rule on whether PPACA violated the Origination Clause of the U.S. Constitution, which requires that all "bills for raising revenue" originate in the House of Representatives.”

More and more physicians are not participating in Medicare. Physicians still have the ability to choose to participate in Medicare and Medicaid.

At the beginning of 2013 a new regulation went into effect. Previously, if a physician did not participate in Medicare the patient had to pay the physician his fee. The patient could then bill Medicare and collect 70% of Medicare’s allowable fee.  Medicare does not pay the patient after January 1st,2013.

Non-participating physicians may use laboratory, x-ray departments or consultants that participate in Medicare. The participating consultants, labs and x-ray departments can bill Medicare directly and receive their usual and customary fee from Medicare. 

Effective May 1, 2013 (a new regulation issued March 1, 2013 by HHS ) the Department of Health and Human Services will deprive patients of benefits for blood tests, x-rays, and specialist consultations—benefits for which they were forced to pay all their working lives, and which would be covered if ordered or referred by a non participating Medicare physician.

I believe the Obama administration’s goal is to force physicians to participate in Medicare.

"Because of Medicare's increasingly costly and restrictive rules placed on doctors , many Medicare-eligible patients are receiving medical care from physicians not enrolled in the program," states Jane M. Orient, M.D., executive director of the Association of American Physicians and Surgeons (AAPS).

AAPS  filed an emergency motion for injunctive relief   in the U.S. Court of Appeals for the District of Columbia Circuit.

The Founding Fathers fought for independence largely because of excessive taxation without representation. When the Constitution was drafted, the founders insisted that taxes originate in the House, the legislative body closest to the people, both in representation and in election cycles.

ObamaCare originated in Senator Reid's 2000-page amendment to a 6-page House bill about tax credits for members of the armed forces who are called into overseas assignments. AAPS has raised several arguments why ObamaCare constitutes an illegal tax, including violation of the constitutions Origination Clause.”

This new executive order disregards the constitution’s “Origination Clause” to try to stop physicians from not participating in Medicare

Only the AAPS had the guts to speech out against this executive branch breech of its power and defend patients and physicians rights as granted by the constitution.

Hooray for the AAPS.

 The opinions expressed in the blog “Repairing The Healthcare System” are, mine and mine alone.

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