More dangerous provisions identified in H.R. 3200, “America’s Affordable Health Choices”

The more carefully the bill is read, the more problems we find. Here is a collection from a variety of sources:

Regulation of health insurance: Diagrams by Leading Edge Policy and Strategy, on behalf of the U.S. Chamber of Commerce, of current and proposed regulation, show an immense increase in complexity.

National health ID cards: To allow “real-time…determination of an individual’s financial responsibility at the time of service,” and of “whether the individual is eligible for a specific service at a specific facility” may require use of a machine-readable beneficiary identification card (p. 52).

Left-wing “community organizers” to do “outreach” to “vulnerable” individuals: “Appropriate entities”—likely to include ACORN and AmeriCorps—will do outreach to children, as well as disabled, mentally ill, or cognitively impaired individuals (p. 95).

Dictatorial authority of Secretary to set payment rates: No one could sue the government monopoly for price-fixing because there is no judicial or administrative review of the Secretary’s determinations (p. 124).

Nonresident aliens exempt: Taxes, insurance purchasing mandates, and fines apply only to U.S. taxpayers.

Home visits to families who have children or are expecting children: This includes parental counseling (pp 838-845) (Eagle Forum Critical Health Care Update 7/28/09). Purposes may include “increasing birth intervals between pregnancies” and assessing “school readiness” (p. 768).

New auditing powers: A study shall examine “the financial solvency and capital reserve levels of employers that self-insure by employer size” (p 22).

Drug manufacturers must give rebates for full-benefit dual eligibles. (p. 358)

More affirmative action:

Grants and contracts for improving public health will be given preferentially to entities who train more individuals from minority groups. (See spreadsheet file of criticisms and explanations prepared by AAPS staff.)

Trustees’ Medicare bankruptcy warnings silenced: The Medicare Modernization Act of 1993 required trustees to warn if more than 45% of Medicare revenues were projected to come from general revenue over a 7-year period. Two consecutive warnings would require the President to propose, and the Congress to give expedited consideration, to reform legislation. There have been four consecutive warnings; three times Congress has passed rules suspending their responsibility to address Medicare’s unsustainability. H.R. 3200 repeals the requirement (p. 836) (Heritage Foundation 7/15/09).

The American Medical Association (AMA) and the American Osteopathic Association (AOA) have both endorsed H.R. 3200, and neither has mentioned the above problems, or ones noted in previous AAPS news briefings.

The AMA does complain about $4.3 billion in payment cuts for imaging service, and the ban on new physician-owned hospitals, plus restrictions on existing ones . The AOA notes that it has “concerns” about some unspecified provisions.

Additional information:

20 thoughts on “More dangerous provisions identified in H.R. 3200, “America’s Affordable Health Choices”

  1. We don’t need reform; we need a revolution to throw these power-hungry socialists out of business.

  2. Texas’ governor has threatened to create a tenth amendment showdown should this bill pass. We need 49 more governors to step up to this plate. Call your governor’s office and demand that he/she do the same.

    Perhaps if enough of the states refuse to have Obamacare inside their borders, the congress might get the idea.

  3. Everyone should hand write a note, respectfully to the Congressmen – they will read it – they won’t read email, or “petitions” you have singed on line. Invest the 47 cents or whatever a stamp is today! IF you don’t you cannot complain about the destruction of your practice later. And God Bless Texas – my State and our Governor with mucho cojones..

  4. Not sure if I can do this. . .I’m not a doctor. I am a mom with two micro-preemies. Stumbled upon this website by accident. Just wanted to thank all the doctors here and let you know that I will fight this thing every which way I can. I’ve never had my insurance deny any treatment for anything, and (with only one exception) every doctor I’ve ever had any dealings with has been the utmost professional (that’s probably one out of 100 or so). You don’t deserve what these people are trying to do to you, or our country! You do not stand alone!

  5. “Nonresident aliens exempt: Taxes, insurance purchasing mandates, and fines apply only to U.S. taxpayers.”

    What is dangerous about this? These are people who do not actually live in the U.S. You are trying to make it sound like ILLEGAL aliens are exempt from all these things, but nonresident aliens are not anything like illegal aliens. This is false and misleading.

  6. Pingback: There are “no laudable parts” in the “health care reform” bill, say AAPS members « AAPS News of the Day

  7. Upon reading the article and posts to it, I question how the writers could understand HR 3200, as many, including me, have found the legalese difficult to interpret into plain English. Greta Van Susteren, for just one, asked that question on her August 10 program.

    Having read the same dire warnings of the destructive consequences of this bill on all of us, I believe what I read is the truth. When Obama demands that dissenting Americans, in effect, shut up, and Pelosi calls those who protest vociferously at townhall meetings “Un-American” and presents a false picture of many touting swastikas, how long should we wait to throw them out of office?

    IMO Obama should be impeached immediately. We can’t let him do another day’s damage to our country. I was vehemently against his being elected because I saw him for what is is. He didn’t surprise those who also were on to him, did he?

  8. Having now finished reading H.R. 3200 in its entirety, I have to say that the conservative pundits are blowing things way out of proportion. I may not be a lawyer, but it appears that this will be a very good thing for physicians (who are not greedy) as well as the entire country.

  9. Kellen I think if you were a Senior you may look at this in a different light. When it comes to your health care they must get it right. This is no more than a big rush to get this passed and then we will understand that it is just another takeover by our Government. There are fixes that can be done without letting them get control AND I DO MEAN CONTROL of or most valuable asset we have OUR HEALTH.

  10. The health plan with my previous employer was excellent, we had choice and the employee contributions were reasonable – but even with that, we were expected to do all our physician searches, information gathering and get all our answers by going “on line”. When we were unable to find the answer, a “real person” in either the HR department or through the carrier itself was reachable by phone. After having pulled my hair out trying to get through to the DMV, the Unemployment Bureau and my town’s building and planning department, I shudder at the thought of trying to get through to a monolithic system such as government run health care – much less get answers. The wait time alone will kill us.
    No matter what Obama promises – this will be a nightmare and we will be paying MORE to live it. We need to stop this thing in its tracks.

  11. I’m thinking of all the repercussions of a disaster like this health-care reform will produce down the road. First of all, think about all the money our great leader has already printed off for all the stimulus packages he has put together. What will the dollar be worth in the future because of the stimulus moneys he has put out?
    And if this health-care reform plan passes and goes into effect, what will be our health-care provider choices be limited to? I can see the writing on the wall, “the American tax payer can no longer afford to pay for two federal health care systems any longer.” So long Veterans Heath Care System.
    This guy is out of control. Abraham Lincoln would be doing flips in his grave if it comes to this. We’ve got to reign this guy in. He is drastically changing the American way of life!

  12. The general public who are oblivious to HR 3200 need to know what it entails. The actuality of it needs to get out so it can be heard. People need to be informed, and they need to know what is actually going on with this bill. Go to to get a free PDF download of the bill, or you can purchase a printed and binded hard copy of the bill.

  13. A “public option” run by government is never meant to compete with a private enterprise. The private enterprise usually goes out of business, but the government entity could also, depending on the Treasury’s printing press (or in our case today – China’s willingness to be our welfare source).
    The goal is to make this like Workers Comp, which is a sham. They just hire a flaky dr who says the patient no longer needs treatment.
    “Home visitation programs” will NOT be voluntary. It’s a joke to believe how anyone could believe anything from politicians after seeing all their promises since 1913.

  14. As a lawyer versed with the United States Constitution I fail to see the language in our founding document where a duly elected Congress has the right to usurp and dictate the terms of health care/insurance to its citizens.

    No matter what the value you may see in HR3200, it is tyrannical in its origin, and in the interests of preserving freedom alone to our citizens must be defeated. Rest assured, if passed, those of you in support of its current form will certainly be disapponted through future amendment by our legislative body of shame we call “Congress” as future economic realities will only result in this obtuse bloated behemoth beng used as a further tool of tyranny through rationing of care.

    You should be aware that the members of Congress are exempt from the provisions of this bill and the Democrats voted down unaminoulsy the Republican proposed amendment that all Federal employees, including Congress, be covered. In this regard I quote James Madison under Federalist #57

    “I will add, as a fifth circumstance in the situation of the House of Representatives, restraining them from oppressive measures,
    that they can make no law which will not have its full operation on themselves and their friends, as well as on the great mass of the society. This has always been deemed one of the strongest bonds by which human policy can connect the rulers and the people together.
    It creates between them that communion of interests and sympathy of sentiments, of which few governments have furnished examples;
    but without which every government degenerates into tyranny.”

    In Madison’s view legislation promulgated by Congress must be universal treating the members of the legislature as part of the mass of society bound by the same rules they make. No individual is above the law; not the President, Congress or the members of the judiciary. We must insist that any law promulgated by Congress, especially one as intrusive as HR3200, apply to all members of Congress, the President, the judiciary as well as all Federal Employees.

    Paraphrasing Thomas Jefferson, the tree of Liberty must be watered from time to time with the blood of martyrs. It is time for our citizenry to band together as this fight is not only about healthcare but fundemental freedoms bestowed upon each of us through the natural law of God, “Life, Liberty and the Pursuit of Happiness”. It is these fundemental principles which HR3200 undermines rendering it ill conceived and in my opinion unconsitutional.

    As a note, through the coming “anmesty bill” which is already in progress you will not have to worry abot the exemption for illegal immigrants under HR3200l because there will be none. This Congress fails to tell you when they preach that the illegals will not be covered. By the way illegal alien do not get penalizd for not being insured and cannot under current law be denied medical treatment in an emergency room. In other words, continued free care.

    So many of our sons and daughters gave their lives on the battle field in the name of Life, Liberty and Pursuit of Happiness. It is now time for all our citizentry through political means to defeat HR3200. No matter Republican, Democrat or Independent we must insist our founding principles be adhered to and that Congress be reaquainted “WE THE PEOPLE”.

    God Bless America.

  15. I ask myself what is the rush of getting a health bill passed? A diversionary tactic by the Obama administration. They have insinuated themselves in the banking industry and private business (GM,etc) and now they want control of our health care! I don’t need the goverment to tell me how I pay or choose my own care! Contrary to what Obama or congress think, the american people are not STUPID! We must raise our voices and let our elected officials know that if they vote for this reform they will not be in office in 2010!

  16. I have suffered through unemployment, no health insurance coverage, COBRA (expensive!), and the horrendous bureaucracy of state medical coverage for my children. When the government takes over, accountability, efficiency, and the work ethic seem to go out the window. When I applied for health insurance coverage for my children, I had to submit pay stubs for 3 months, got another appointment (which takes 2-3 hours of sitting in a waiting room each time), was asked for more pay stubs, waited several weeks, got another appointment….this went on from November to the following July, at which time I got a letter stating that one of my three children was eligible for coverage during the previous month of January. This is the kind of ridiculous garbage that I should want on a large scale? The government should be in the business of making private insurance companies be fair, but no way should they get into the health insurance business on a larger scale. What is being proposed is scary, not only on a practical level, but on a fundamental level. Relying on the government to take care of us is not an American ideal. We are not the same as other democracies in the world. We need to demand that our government adhere to the fundamental principles this country was founded on. My ancestors left Europe in order to pursue a better life in America. Why would we want to now copy the Old Country and give up our freedom? I know people died to give us the freedoms we now enjoy. I am fed up with greedy bureaucrats stealing those freedoms for their own selfish gains. We need to put a stop to this bill and other irresponsible, unethical actions of the federal government. We need to hold them accountable. We need some fresh, honest people in office. I’ve never been politically active before, and I’ve always been an independent voter, but now I’m mad and I’m getting active. I hope enough rational citizens will become active to put a stop to the damage now being done by our so-called “representatives” in Washington. I hope they hear our outrage and still value our future votes.

  17. Yes this bill is long, but it is well written, it is full of legalese which makes it difficult for some people to understand, but would you think it better if it were brief and in plain language, open for multiple assertions? I personally like the bill and understand the necessity for reform. This is something that’s been put on the back burner for far too long. I can’t remember a bill receiving as much attention as this one has, but as you pick it apart, remember that amendments can and will be made. We need reform, and we need the public option. Those of us who are self-employed, the small business owners… we’re the ones who are having a difficult time getting and maintaining health insurance coverage… we’re the ones who are hurting, and we’re the ones who every politician and talk show host mentions in their talking points about fighting for. If you want to help us, push for health care reform, and fight to get the amendments needed to make it more efficient and affordable.

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