There are several reasons why Americans should reject this Health Care Bill, which Obama is pushing furiously to its inevitable deadline on Sunday. It should be noted that Americans do want a Health Care Bill, just not this one. But why isn't this one- the right bill ? There are two salient reasons why the bill is inferior : [ A ] the quality of the PROCESS, and [ B ] the quality of the SUBSTANCE.
In both cases the quality is almost so painfully sub-standard and inadequate, that one could search for days just to find an adequate descriptor for this bill. That most accurate label for this legislative product is that it is simply unacceptable, which also appears to be the opinion of most of the American people.
PART 1-THE PROCESS: IS THIS REALLY A QUALITY PROCESS, OR IS IT INSTEAD A TAINTED NON SALVAGEABLE ONE ?
It is in the last third of March 2010, and Obama, his administration, and Congress have been working on passing this Health Care Bill for 1 1/4 years. But has all that time been directed towards increasing the quality of the substance or the process ?
Sadly, the answer is no. Most of Obama's time has been spent on making seamy deals with Congress, with Senators in Louisiana, Nebraska, and Florida, these being the most famous, and so well known that they are now quoted by every citizen in this country. However, the first 2 mentioned caused such an uproar from the public, that they are being removed from the current bill.
There were also less well known deals made with Senators in North Dakota, Connecticut, Tennessee, Montana and probably even more deals which have been hidden. In fact, yesterday, this Congress announced a cut-off point for any more sweet- heart deals. They did this, since they already placed the final bill on line, and so this edit will prevent anyone from assuming that Congress was still inserting more deals into the final bill, which will shortly become law.
In addition, there were also deals made with physicians, where they will be given Medicare reimbursements to the tune of 200 billion to 250 billion dollars which will be placed into a separate bill, nick-named by critics as the physician fix. In addition, the big pharmaceutical industry crafted a deal where citizens would not be allowed to buy cheap drugs from Canada & and the government would not buy drugs in bulk, and then distribute them to clients, as the Veterans administration has done.
In trade, the drug companies promised to support Obama's Health Care law and reduce an increase in drug costs over a period of 10 years, which they cleverly neutralized, by raising their rates before the deal would go through. This trick in effect, employed an action which would cancel any net gain in savings for the government.
Besides, contaminating the process with unsavory deals, Obama spent his free time going on the stump to campaign to town halls and university colleges filled with the young who still are protected by anxious parents, from the disintegrating economy and its brutal realities of no credit, no house, and no job prospect for them when they graduate. The public is seeing fewer and fewer of those middle aged and older faces in the crowds who have to face the current economic climate.
In the meanwhile, staffers along with lobbyists, are in effect writing the bills. All through this process, Obama has been disengaged; he did not craft any part of the legislation, even a bare- bones outline, until this last month when he wrote a few notes in a ten page paper when the already prepared Senate bill was 2,700 pages long. From the beginning, Obama never bothered to monitor those in Congress who were actually writing the bills. Until recently, Obama has refused to take a definitive stance on what provisions, should or should not be in the final bill, for example, the public option.
In addition, there was not enough effort made to develop bi- partisanship legislation. Some effort occurred in the Senate Finance Committee between Max Baucus and Chuck Grassley, but that process failed, when even the Republican Olympian Snowe, who usually can be counted on signing on to bi- partisan bills, just walked away in disgust. What followed was the carnival side-show, first, a bi- partisanship travesty where Obama had an meeting with his Republican opposition, where he dominated the conversation, and then provided no room for a follow up question, once the initial question was raised.
Next, came a true theatrical production, which both the liberal & conservative press called a " dog & pony show. " The script was carefully crafted, in order for an engaging Obama to get a few Republicans to talk, and then offer up an an idea or two. Obama would then state that he would be including 1 or 2 of their ideas in the final bill. But the ideas he did choose, were nominal and on a small scale, representing a form of tokenism to convince the public that he, was a champion of bi-partisanship.
Obama concluded with this sediment, which can be broadly paraphrased as, " I'll mull this over for about 6 weeks and see if we can forge a bi-partisan bill, and if this does not work out, then I'll have to take another course. " The public who watched it, came away with the certitude that this meeting was only a well scripted performance. Within a day, Obama and Congress were already planning reconciliation, which in the Senate entails that they can win an "up or down vote " with only 51 members voting yes.
Finally, if the public believed that the carnival like atmosphere would end with the Reconciliation Process, then they certainly were in for a big surprise. Since both Houses would have to adopt the Senate Bill as there own, the House wanted to create a bundle of amendments that corrected some of more unsavory deals in the Senate Bill, like the Cornhusker Deal for Ben Nelson of Nebraska. This amendment bill became part of a process called side-car reconciliation. But all amendments in reconciliation must follow strict rules, where their participation in reconciliation rests on the fact, that there must be a budgetary tie with the provision. Abortion does not fit into this paradigm, and thus would not be allowed to proceed under reconciliation.
Therefore, since abortion language in the Senate, specifically pages 2037 & 2071, is repugnant to 12 members of the House, led by Representative Stupak, Nancy Pelosi, came up with a procedural maneuver. This trick allowed those, especially in the abortion coalition, to pass the Senate Bill, without actually passing the Senate Bill.
This procedural device allowed the House to first vote on a procedural rule, called The Slaughter Rule, and then pass the side-car small amendment bill, which made corrections to the Senate language which House members had found disturbing. The bottom line is, if you pass the amendment bill, then DEEM & PASS occurs automatically- which means you have also passed the large Senate Bill. In short, you pass 2 bills with one vote.
Today, the House Whip, James Clyburn, said DEEM & PASS will be used for the vote on Sunday. The House could have used reconciliation with a side car, so why did they stoop to employ the Slaughter Rule & add an extra step ?
It had to be that this procedural rule is the only way the House feels they can get the votes- because they are shielded from accountability, if they don't vote directly on the Senate Bill. This is especially true, if they are concerned about the abortion language, which Representative Stupak insists is in the Senate Bill.
On Saturday, the day before the Sunday vote, Pelosi came out and stated that they would not use " DEEM & PASS " after all. What caused her to really reverse course, we may never know ? Perhaps it was the 100,000 calls per hour to the Congressional switch board, the thousands of voters outside of Congress, or the threat of a constitutional challenge to the new Health Care Law, once the bill was passed ? Should she get a Girl Scout badge for her reversal of the procedural trick, " DEEM & PASS" ? The public doesn't think so.
All of which leads Americans believing, that under Obama's Health Care Bill process, which is seen as an abomination, we are presently living in a banana republic. The threat of the Slaughter Rule, even if were withdrawn at the eleventh hour, was the last straw. All this is really poisoning the perception well ! What's next, a coup in the House if the Energy Bill doesn't pass ?
Finally, this tainted Health Care process makes one pine for living in real democracies, like Iraq and Afghanistan. The collection of abuses, back door deals, outright scams, smoke and mirrors financial maneuvers, creative accounting, unholy alliances, lack of transparency and accountability, crowned with convoluted legislative tricks, which when examining the process alone, have left Americans stunned, dis-oriented, and then out-raged. This is because they are not dealing with a single abuse of process, but multiple insults to that process. They need political therapy which might mean cleaning House ( Congress ) in both 2010 and 2012.
PART 2- THE QUALITY, OR LACK THEREOF, OF THE SUBSTANCE IN THIS HEALTH CARE BILL: IS THERE ANY QUALITY HERE, OR IS THAT GLINT OF SUBSTANCE IN THE DISTANCE, JUST A MIRAGE ?
SHOW ME THE MONEY
Part of any determination of the quality of a product is what does it cost, and can we can afford it ? The C.B.O. has issued a preliminary report, but not the final one. According to this agency, the Health Care Bill, will cost about 940 billion dollars, without factoring in interest. Also, according to the data which was presented to the C.B.O., the deficit will be reduced by 138 billion dollars over the first 10 years, and 1.2 trillion dollars over the next 10 years. But is that really the case ?
1---Were there financial sleigh of hand going on, creative accounting, or juggling of statistics which took place ? This administration and Obama have already promised physicians 1/4 of a trillion dollars which they already plan on placing surreptitiously in a separate bill, so the physicians can be adequately paid for taking care of Medicare patients. Therefore, the real cost of Health Care is now 1 trillion one hundred and ninety billion dollars before interest.
And should they give physicians, a 200 billion raise in funds in the physician fix, which will be hidden in another bill, it will not result in a deficit reduction in the first 10 years, but instead will increase the deficit by an extra 59 billion dollars. Should that fix be 250 billion, then the added deficit burden will increase by 109 billion dollars.
2---Congress also said that they would cut 1/2 trillion dollars from Medicare to shore it up, so it wouldn't go broke, but they are also claiming that this same sum is paying for the enrollment of the new 31 million patients which are being added to the bill. You can't use the same 1/2 trillion dollars twice, unless you are indulging in creative accounting.
3---In addition, one of the biggest sources of lowering the deficit was taxing the Cadillac Health Care Plans, but Obama decided to postpone that tax until 2018 and leave it to another Congress to impose that tax upon the public at that time. This appears unlikely, since it would be both politically unpopular and dangerous for a future president to do so, when Obama doesn't have the guts to do it himself.
4--- Although, most of the benefits will not kick in until 2014, we will be paying taxes for 10 years, while we only receive benefits for 6 years. This is another clever accounting sleigh of hand.
Many are questioning which benefits are available right now ? Are pre- existing conditions covered immediately ? Yes, for children, but they will still have to wait 6 months after the bill is passed to receive any benefits. Adults will have to wait until 2014 to receive this benefit. In the meanwhile, adults with pre-existing conditions can access high risk health care pools.
However, once the bill is passed, there will no longer be annual caps on insurance. Also, college students will be covered until they are 26 years old under their parents' insurance plan. There will be a $250 payment for seniors for drug costs, most likely to draw attention away from the fact that the doughnut hole which Obama promised would be closed, will not happen immediately. This benefit will not begin the process of slowly closing that doughnut hole until 2011. Plus, it will take a period of years for that doughnut hole to completely close.
In 2014, adults with pre-existing conditions will be able toget insurance and there will be tax breaks for consumers who pay for insurance, plus the mandates requiring that individuals buy insurance go into effect during that year.
5---States even now, are required to pick up a great amount of the Medicaid burden of their state. In fact, Medicaid is the second biggest expenditure, after education, for states. States are having a great deal of trouble handling their part of paying for the Medicaid funding for their state's residents.
This bill will add an additional 16 billion new members to the states' roles. Originally, the bill promised to help the states with their Medicaid burden by providing them with a grant of 57 billion dollars, which would have helped them reduce costs until 2016. However, now that amount has been cut to 8 billion dollars, this will place more financial pressure on the states in handling their Medicaid burden. They could begin feeling that pressure as early as 2014.
6---In regard to small business there will be a $2,000 fine on businesses for every employee who is not covered by insurance.
7---Democratic Senator Schumer, on the floor of the Senate, said it would be foolish not to expect that the cost of Health Care Benefits wouldn't go up immediately for consumers, dashing all hope for those consumers who expected premiums to be lower or to stay the same- if the bill was passed.
8---The mandates, regulations, and taxes of the Health Care Bill will destroy all chances of small businesses creating jobs in this fragile economic climate. The large company Caterpillar has released a statement which said, that this Health Care Law will cost them over 100 million dollars a year, therefore how can they be competitive with other countries ?
9--- This bill will add substantially to our deficit, at a time when our relationship with China is precarious, because they are artificially keeping their prices low, making it difficult for us to sell our products. Yet we are inhibited in engaging in a trade war with them, because they hold our debt. That debt will substantially increase because of the cost of this Health Care Bill.
10--- Again, this bill will add to our deficit, and we cannot afford to increase it at this time, because we have been warned by Moodys, the rating agency, that we are in danger of losing our triple A credit rating, which will result in our loss of securing credit, as well as, receiving credit at a reasonable rate.
11---Finally, should the bill be passed, it is so unpopular that Obama will spend months trying to sell it, followed by trying to hold onto Democratic Congressional seats, which this unpopular bill placed into jeopardy. This neglect of job creation, will result in our huge unemployment problem receiving little or no attention for at least the first 2 years of Obama's first term.
12---Furthermore, through this devious process, " DEEM & PASS " which was presented as a solution for passing the bill by the House, and then withdrawn, Obama will have established a precedent for pushing through his massive programs, such as his Energy Program- using the same process. Even if he leaves office, he also has left behind, a template that someone from either party can replicate.
TROUBLE WITH THE QUALITY AND QUANTITY OF THE MEDICAL SERVICES AVAILABLE TO HEALTH CARE CONSUMERS UNDER THE HEALTH CARE LAW1---If the president told you can keep your own plan and doctor, that was only half true, because the C.B.O. has predicted that many companies won't keep their Health Care Plans, because they find it cheaper to pay the fine. Plus, by 2016 they report that over 8 million people will lose their Health Care Plan and their doctor, if he does not accept their new plan.
2--- This Health Care Bill has been built on the foundation of a flawed study called the Dartmouth Atlas study, which has recently been challenged by Dr. Peter Bach, in the New England Journal of Medicine, in an article titled, " A Map to Bad Policy. '' The Dartmouth Atlas has several mandates which are being incorporated into the bill. This study advises strong "reductions " of any Health Care resource that they dislike because it is expensive and they consider it being over used by patients :
a--- dislike & reduction of specialists, so much so, that they urged that their training in hospitals not be funded by Congress. Recently, the Head of the American Medical Association complained about this situation saying we need more surgeons.
b--- dislike & reduction of teaching hospitals, because they practice expensive innovation techniques using various experimental drugs, practices, and operations which drive up costs. Recently, Senator John Kerry stated that he didn't care if teaching hospitals were expensive, what they accomplished through developing and promoting innovation was worth it. In regard to innovation: teaching hospitals who utilize experimental drugs, new operations and techniques, devices, testing, etc. explain that these techniques extend life and cure diseases; therefore they are necessary, even if they are costly.
In addition, the health industry innovations, as well as, inventions as in the space program which Obama has also de-funded, are fertile ground to develop and expand our economy, unlike green jobs which are mainly temporary. In fact, both industries have been responsible for creating numerous jobs in the private sector.
c---dislike & reduction of expensive drugs for cancer, HIV, and Alzheimer's Disease, etc.
d---dislike & reduction of expensive testing such as CAT-SCANS, MRI-equipment, plus this study even lists any devices, similar to MRI testing imaging devices, that may be invented in the future. Again, there is a strong dislike against innovation, because it is expensive.
e---dislike & reduction of stints, pace-makers, and certain cardiac operations, or procedures.
f---dislike & reduction of hospital admissions, hospices, even home Health Care.
g---dislike & reduction of preventive testing from using sonograms to mammograms for breast cancer.
h--dislike & reduction for knee and hip replacements because of cost.
i---emphasis on rationing- The Dartmouth Atlas, claims that even in the future, and in addition, even if we added 50 million new members to the Health Care roles, we don't need to train and produce any more doctors. I will quote them, " All will have Health Care, just all will have less. "
3--- Over 46% of doctors have considered leaving their profession, if this bill becomes law. You will have trouble finding a doctor who will agree to see you, and long waits to secure even an office visit, as has been experienced in Massachusetts which has a similar Health Care plan. For those funneled into Medicaid, these conditions will be much worse.
4--- The government will provide incentives to doctors to persuade you to accept a standardized formulated treatment plan, where he will be rewarded if he complies- and punished by being barred from treating Medicare and Medicaid patients, if he does not comply.
5--- Over 1/2 trillion dollars will be cut from Medicare, which will result in Draconian cuts for services to the old, poor, minorities, and the disabled who will be denied operations, hip and knee replacements, and expensive cancer drugs, because they have few quality life years left, and the government will perform a cost benefit analysis, to determine if it is worth it, to give you the treatment you need.
6---There will no longer be '' fee for service " payments, but " bundling payments " which pay for episodic care from the beginning of your illness, when you present your problem, until it is resolved. Bundling can't handle determining your fee, if you are a diabetic, or have another illness which presents your doctor with multiple problems which affect multiple organs at once. In addition, bundling cannot handle complications, as there is one fee up front for your original condition. There is no incentive for your doctor to treat your complication- if, in effect, he is not being paid for it.
7--- Within 5 years all insurance plans will be developed by the government.
In conclusion, the Health Care Bill which most certainly will become law, is irreparably flawed on both the process and the product. Americans are finding it disengeuous, that Obama can write off an ugly process as nothing, especially in a city like Washington, where sometimes perception is considered more important than reality.
The fact that Obama is ignoring the significance of process, and denying being accountable for the corruption of that process, which both he and his administration utilize to pass legislation is very trobuling. Even when speaking of living itself, it's the journey and not the destination, which is given the greatest importance, probably because the quality of the destination was determined by the process. Just as the quality of any product, including a legislative one is determined by by the process. In addition, Americans are revolted by the assertion, by this unperceptive president, that after the Health Care is passed, he can begin selling it and its virtues to the American public, and they will readily accept it, thereby implying that the voter is a cretan.
Finally, in this case, the case of the Health Care Bill, all will agree that both the process and the product are gravely sub-standard. But there is something else which this woefully unperceptive president missed, and that is when the American people carefully examine the process that a leader adopts, they find out something more about a man than his style- his character. Unfortunately, Obama did not fare well with the American people in this regard. The public has lost trust, and they will be expressing that loss of trust in 2010. In addition, in 2012, they will be looking for someone with character, something they missed having the last four years.