Friday, February 17, 2012

Gmail - Making our case to the Court -- Health Policy Matters - flyaway.jack@gmail.com

Gmail - Making our case to the Court -- Health Policy Matters - flyaway.jack@gmail.com

Making our case to the Court -- Health Policy Matters
Inbox
x

Grace-Marie Turner galen@galen.org via mail122.us2.rsgsv.net
9:32 AM (8 hours ago)
to me
We joined several of our sister organizations in filing an amicus brief before the Supreme Court on Monday. Our brief exposes the fallacy behind a key issue that Congress and the Obama administration used to justify passage of their health overhaul law – namely, that the individual mandate is needed to avoid cost shifting by ‘free-riders.’ We explain in detail how the mandate will not solve the problem but will actually make it worse. That demolishes the government’s case that the mandate is justified as a means of regulating commerce under the Constitution.
We joined the Pacific Research Institute, the Benjamin Rush Society, Docs 4 Patient Care, and Angel Raich in the brief. Ms. Raich should get the court’s attention because she is the Raich in one of this Court’s important recent cases, Gonzales v. Raich. The Court concluded that the U.S. Constitution’s Commerce Clause extended to her growing marijuana at home for personal use to treat the side effects of her cancer treatment. According to our brief: “Her interest in this case stems from both her belief that the individual mandate will worsen, rather than improve, the problems in our healthcare system, and from her concern that the government’s expansive views of the Commerce and Necessary and Proper Clauses will lead to the limitless federal power against which she warned in her own case before this Court.”
Lots of other terrific stuff this week – commentaries, radio interviews, and videos – so read on!

— Grace-Marie Turner

Featured Items

A Tsunami Of Court Challenges to ObamaCare

By Grace- Marie Turner for Forbes: Health Matters February 16, 2012

When the Supreme Court hears arguments at the end of March about ObamaCare, the question of the rights of individuals and the states will be center stage. But if the court upholds all or parts of the law, this will just be the beginning of many years of legal challenges to this deeply unconstitutional law. ObamaCare is so fundamentally at odds with the principles upon which this nation was founded that the court challenges to the law will be endless.

Continue Reading


Court must consider threat to doctor-patient relationships

By Nora Janjan and Grace- Marie Turner for The Cleveland Plain Dealer February 14, 2012

The coming Supreme Court decision about the constitutionality of the Affordable Care Act’s individual mandate will have profound implications for government control over the doctor-patient relationship. Simply put, if the federal government can mandate that all Americans must have health insurance, it is only a short step to strict government mandates about how doctors must practice medicine.

Continue Reading


Dateline Washington: The Myth of the Free-Ride Fix

Dateline Washington interview February 15, 2012

The Galen Institute and several other public policy firms have filed an amicus brief with the Supreme Court explaining why they believe the health care law does not solve the “free-rider” problem and actually makes it worse. Grace-Marie Turner explains why ObamaCare is not a solution but a giant shell game. Turner also tells host Greg Corombos how the problem would be worse even if everyone were required to have coverage.

Continue Reading


The Small Business Advocate: ObamaCare runs into religious liberty

The Small Business Advocate interview February 13, 2012

Is Obamacare assaulting religious freedom? Grace-Marie Turner joins Jim Blasingame to discuss the ObamaCare controversy with religious organizations being required to pay for contraceptives, including abortion-inducing drugs, and sterlization, despite their strong religious and moral objections.

Continue Reading


Grace-Marie Turner speaking at CPAC: Obamacare — Why It’s Unconstitutional And What Conservatives Need to Do

Video of CPAC speech February 10, 2012

Grace-Marie Turner spoke about ObamaCare at this year’s Conservative Political Action Conference, explaining how the health law violates the Constitution down to its very DNA. Jim Martin of the 60 Plus Association and John Goodman of the National Center for Policy Analysis also spoke on the panel moderated by Judical Watch’s Tom Fitton.

Continue Reading

Galen Institute Joins Amicus Brief Against ObamaCare

February 13, 2012

Galen Institute, Angel Raich, Docs 4 Patient Care, the Benjamin Rush Society, and the Pacific Research Institute have filed an amicus brief with the U.S. Supreme Court supporting the 11th Circuit’s decision that the individual mandate contained in the health overhaul law is unconstitutional.

Continue Reading


The Roundup

J.D. Kleinke in The Wall Street Journal: The Myth of Runaway Health Spending

New data show that health spending over the past several years has been normalizing toward the rate of general inflation, rather than growing higher and higher, as had been the case almost continuously since the 1970s. This moderation in the growth rate of spending predates the national recession. And it puts the lie to the claim that we need government to put the brakes on an "out-of-control" health-care system.

Continue Reading


Avik Roy in Forbes: Burr-Coburn: The Best Medicare Reform Proposal Yet

Sens. Burr and Coburn have put forth a new Medicare reform proposal, the Seniors’ Choice Act, which combines the ideas behind the best two bipartisan plans that came out last year. Burr-Coburn incorporates something quite similar to the Wyden-Ryan system of competitive bidding and premium support, in which retirees would be able to choose among private plans and a “public option” of traditional Medicare. Sens. Burr and Coburn have released some additional materials related to the Seniors’ Choice Act, including: responses to anticipated policy questions; how the proposed Medicare Consumers’ Protection Agency compares to IPAB; how the act builds onbipartisan proposals; and four illustrative scenarios of how differing seniors would be affected by the proposal.

Continue Reading


Bob Moffit on The Foundry: Building a Better Medicare Program: The Burr–Coburn Proposal

Senators Richard Burr (R–NC) and Tom Coburn (R–OK) have just unveiled a bold Medicare reform proposalbased on the free-market forces of choice and competition. The Senators’ proposal adds further momentum to the effort to reform and improve America’s largest and most challenging entitlement program. The Burr–Coburn proposal is a welcome addition to the emerging consensus on Medicare reform. Baby boomers — the next generation of retirees — need the guarantee of higher quality of care at competitive prices. The alternative is current law: guaranteed Medicare payment cuts, reduced access to doctors and hospitals, and dangerous levels of debt.

Continue Reading


Charles Krauthammer: Overreach: Obamacare vs. the Constitution

Give him points for cleverness. President Obama’s birth control “accommodation” was as politically successful as it was morally meaningless. It was nothing but an accounting trick that still forces Catholic (and other religious) institutions to provide medical insurance that guarantees free birth control, tubal ligation and morning-after abortifacients — all of which violate church doctrine on the sanctity of life.

Continue Reading


RAND Corporation: The Effect of the Affordable Care Act on Enrollment and Premiums, With and Without the Individual Mandate

This study finds that the elimination of the individual mandate leads to a 12.5-million–person reduction in the number of newly insured individuals and increases government spending per newly insured individual by a factor of more than two. While the study finds that average exchange premiums increase by approximately 9.3 percent when the individual mandate is eliminated, this finding is mostly driven by compositional efects. The increase in premiums that would be faced by any given individual is only 2.4 percent.

Continue Reading


Scott Gottlieb in The Wall Street Journal: Meet the ObamaCare Mandate Committee

Offended by President Obama’s decision to force health insurers to pay for contraception and surgical sterilization? It gets worse: In the future, thanks to ObamaCare, the government will issue such health edicts on a routine basis — and largely insulated from public view. This goes beyond contraception to cancer screenings, the use of common drugs like aspirin, and much more. Under ObamaCare, a single committee — the United States Preventative Services Task Force — is empowered to evaluate preventive health services and decide which will be covered by health-insurance plans.

Continue Reading


Devon Herrick: The Job-Killing Medical Device Tax

In 2010, Congress passed a tax on medical devices to offset a portion of the $1 trillion cost of the Patient Protection and Affordable Care Act(ACA). Beginning in 2013, a 2.3 percent tax will be imposed on the manufacture and importation of medical devices. Devices typically sold by retailers to consumers — including toothbrushes and bandages — are exempt from the tax, whereas devices purchased from wholesalers by health care providers, such as tongue depressors and ultrasound equipment, will be taxed. Though seemingly small, if this tax is implemented it will destroy jobs and stifle innovation.

Continue Reading


EBRI: Employer and Worker Contributions to Health Savings Accounts and Health Reimbursement Arrangements, 2006–2011

Enrollment in health savings accounts (HSAs) and heath reimbursement arrangements (HRAs) continues to grow, but contribution patterns to these account-based health plans are changing. According to the latest EBRI/MGA Consumer Engagement in Health Care Survey, there was $12.4 billion in HSAs and HRAs, spread across 8.4 million accounts in 2011. This is up from 2006, when there were 1.3 million accounts with $873.4 million in assets, and 2010, when 5.4 million accounts held $7.3 billion in assets. This growth reflects the increasing number of employers that offer these account-based health plans.

Continue Reading


David Rivkin, Jr. and Edward Whelan in The Wall Street Journal: Birth-Control Mandate: Unconstitutional and Illegal

In an effort to rally its base in the upcoming November election, the Obama administration seems more interested in punishing religiously based opposition to contraception and abortion than in marginally increasing access to contraception services. It is the combination of the political motive, together with the exclusion of so many employers from the mandate, that has profound constitutional implications. It transforms the mandate into a non-neutral and not generally applicable law that violates the First Amendment’s Free Exercise Clause. In short, the birth-control mandate violates both statutory law and the Constitution. The fact that the administration promulgated it so flippantly, without seriously engaging on these issues, underscores how little it cares about either.

Continue Reading


William Winkenwerder in Forbes: Reform Of the Health Care System That Is Overdue

The nation’s two largest private health insurers, UnitedHealth Group and Wellpoint, have recently decided to change the way they pay physicians and in some cases the way their network hospitals are paid. It is about time. America’s traditional medical payment system, fee-for-service, based on a labyrinth of codes and procedures and slowly adjusting arcane price schedules, has been broken for decades. Fee-for-service medicine, backed up for more than forty years by the federal government and its two biggest programs Medicare and Medicaid (also partly funded by the states), rewards volumes of medical services that drives up spending, and it thwarts coordination of care that can make healthcare more effective and less expensive.

Continue Reading


Merrill Matthews in Forbes: Contraceptive Coverage — One More Unconstitutional Mandate

The Obama administration’s decision to require all employers — excluding houses of worship but including religiously affiliated organizations such as hospitals and universities — to provide contraceptive coverage created a national outcry that the president realized he was losing. So he tweaked his coverage commandment in an effort to stem the public relations nightmare without really changing anything.

Continue Reading


Joe Antos on The Hill: President Obama’s Medicare cuts don’t cut it

The president took an extra week to develop his budget, but the extra time was apparently not enough to yield Medicare policies that could produce real savings. The 2013 budget relies on the same tired proposals that we have seen previously. Provider payment cuts, delicately referred to as “modifications,” account for $267 billion in savings over the next decade. For a program that will cost taxpayers more than $6.7 trillion, this is a disappointingly modest savings target—and even so, it is not likely to be met.

Continue Reading


Michael Ramlet and Nicole Fisher: Primer — Essential Health Benefits (EHB)

Instead of setting a single uniform standard for national health benefits, the Obama Administration has proposed using a state-based benchmark plan approach, which eventually could affect nearly 70 million Americans. This primer explains how the proposed benchmark approach is supposed to work and the red flags that have been raised since the bulletin’s release.

Continue Reading


Holtz-Eakin Leads 215 Economists and Experts in Amicus Brief Against PPACA

The American Action Forum filed its third amicus brief in the Supreme Court of the United States in support of the case to overturn the Patient Protection and Affordable Care Act. The brief, signed by 215 experts including 2 Nobel Laureates, dissects the flawed economic logic used by the administration to justify the individual mandate.

Continue Reading


Michael Cannon in Huff Post Politics: The Illiberality of ObamaCare

Even though the contraceptives mandate exempts parish priests and the Church hierarchy, it still violates Catholics’ religious liberty in at least four ways. First, the mandate fines Catholic institutions like Notre Dame and the Eternal World Television Network that adhere to the Church’s teaching that contraception “is an offense against the law of God and of nature, and those who indulge in such are branded with the guilt of a grave sin.”

Continue Reading


Manhattan Institute Video: 2010 Health Care Law: Amend or Repeal It?

This debate features Paul Starr of Princeton University,and the Manhattan Institute's Avik Roy and Howard Husock.

Continue Reading


Save the date!

Galen's fourth annual innovations conference will be held on May 9, 2012. Details coming soon!

Galen on the web

Follow on TwitterFollow on Twitter
Friend on FacebookLike on Facebook
Why ObamaCare Is Wrong for America -- Order now!
Galen Institute | P.O. Box 320010 Alexandria, VA 22320 | 703-299-8900 | www.galen.org

No comments:

Post a Comment