Doctors Sue to Overturn the Health Care Bill

The Association of American Physicians and Surgeons (AAPS) became the first medical society to sue to overturn the newly enacted health care bill, the Patient Protection and Affordable Care Act (PPACA). AAPS sued Friday in the U.S. District Court for the District of Columbia.

The complaint and more information about the suit are posted at http://www.aapsonline.org/hhslawsuit

“If the PPACA goes unchallenged, then it spells the end of freedom in medicine as we know it,” observed Jane Orient, M.D., the Executive Director of AAPS. “Courts should not allow this massive intrusion into the practice of medicine and the rights of patients.”

“There will be a dire shortage of physicians if the PPACA becomes effective and is not overturned by the courts.”

The PPACA requires most Americans to buy government-approved insurance starting in 2014, or face stiff penalties. Insurance company executives will be enriched by this requirement, but it violates the Fifth Amendment protection against the government forcing one person to pay cash to another. AAPS is the first to assert this important constitutional claim.

The PPACA also violates the Tenth Amendment, the Commerce Clause, and the provisions authorizing taxation. The Taxing and Spending power cannot be invoked, as the premiums go to private insurance companies. The traditional sovereignty of the States over the practice of medicine is destroyed by the PPACA.

AAPS notes that in scoring the proposal the Congressional Budget Office (CBO) was bound by assumptions imposed by Congress, including the ability to “save” $500 billion in Medicare, and to redirect $50 billion from Social Security. HHS Secretary Sebelius stated that PPACA would reduce the federal deficit, knowing the opposite to be true if these assumptions are unrealistic.

AAPS asks the Court to enjoin the government from promulgating or enforcing insurance mandates and require HHS Secretary Kathleen Sebelius and Social Security Commissioner Michael Astrue to provide the Court with an accounting of Medicare and Social Security solvency.

Congress recognized that PPACA cannot be funded without the insurance mandates, and will become unenforceable without them.

Court action is necessary “to preserve individual liberty” and “to prevent PPACA from bankrupting the United States generally and Medicare and Social Security specifically,” AAPS stated.

AAPS is a voice for patient and physician independence since 1943. The complaint and more information about the suit are posted at http://www.aapsonline.org/hhslawsuit

38 thoughts on “Doctors Sue to Overturn the Health Care Bill

  1. We MUST overturn the healthcare bill. The jokers in D.C. have betrayed the people. We don’t want it, period.

  2. The fact that the AMA has been complicit in allowing this monstrosity to pass is a shameful miscarriage of the trust that patients place in their physicians. Any physician who is still an AMA member should reconsider and submit their resignation today.

  3. Yes!! Someone finally stepping up to challenge this destructive bill. Shame on the AMA for being complicit and duplicitous in dealings with the Obama Administration.

  4. The PPACA is a “progressive reform” that has more to do with the redistibution of power and money than it does with improving access to affordable health care. It is predetermined to fail in every aspect other than being a layover on the way to a single payor system.

    I for one hope that the courts will listen to the constitutional arguments of AAPS, other organizations, as well as several states but am skeptical as to the chances of injuction or overturn.

    With that said, thank you AAPS for trying.

  5. I never joined the AMA because I realized at the time I started practice 25 years ago that they did not represent the average American physician.

    I did, however, join my state medical association (TMA), which has been tremendously effective in fighting for the citizens and physicians of Texas. I note that the TMA has now severed its ties with AMA.

    I just notified the American College of Physicians that I will not be renewing my Fellowship in the college because they supported the bill.

    The AAPS needs the best constituitonal legal advice available to have the best chance of success in this task, of vital importance to every US citizen. It seems likely that appeals will ensue, no matter what the initial verdicts, until it reaches the Supreme Court. Be ready for a long fight.

  6. Thank you AAPS. This bill hurts this country’s economy while also putting the nation’s health at risk. It allows government to become ever more intrusive in the doctor-patient relationship, as well as taking away our freedoms. I can only hope the courts listen to reason. America does not want to be a socialist country and we want government out of our healthcare. The only thing the government will do for healthcare is make it more expensive and less accessible with the bureaucratic maze it takes to run 3000 pages of this bill.

  7. I’m no expert attorney on this matter. However, what would be the effect on multiple legal fronts in different favorable federal courts resulting in consolidation to class action status?

    Would this be favorable if some of these claims reflected the inability for independent physician-patient-insurer-hospital and other provider negotiation ability and limitation of free-trade?

    Would this also be favorable if pursued on the behalf of a government health sponsored patient such as a Veteran and/or Medicare beneficiary on the basis of limitation of access to care with the projected time delays with the inability of service providers to handle so many more clients and so many docs pulling out as service providers? CMS controls the licensure process…many commercial insurance providers and hospitals and other health providers require CMS certification before granting privileges as a provider. Therefore, soon…everything will depend on us having favor with CMS…controlling our entire financial setting outside of cash-only practices. There is even speculation that state governments and any health entity that receives federal/state trickle-down monies will be forced to include some provision to for access to care for patients…this ultimately will lead to licensure requirements and privilege requirements for providers.

    Lastly…as a prime example of government control without oversight, I have a dialysis clinic in Lafayette, LA that has been held up from Medicare licensure for over a year because CMS claims that it is underfunded to timely process and certify new providers (there are over a hundred dialysis units around the country waiting similar fates and many hundreds of other health care providers such as hospitals, home health agencies, LTACS, Rehabs, etc. waiting same fates); there is no independent appeal process or time prescribed/performance mandates for government agencies regulating our livelihood…and this power is strengthened apparently by new provisions in this new legislative effort.

    Many dialysis and other health providers are afraid of backlash for pursuing legal process to get Federal court system to interpret CMS (self-made) guidelines. To protect patient/physician/provider privilege and relationship to help prevent the government from unbridled control of our private businesses and private proprietary relationships with our contracted clients, we must take a stand, or fall to the tyranny of government control.

    If AAPS would be kind enough to include some of these, it might develop into a class action consolidated suit that many of us including patients could join and help fight for the integrity of our profession and commitment to our patient choices in health futures.

    I was even told by CMS manager that their job is to save money for CMS and that not opening new facilities saves money for CMS…leaving our patients to fend for themselves and not have true choice of providers. CMS and government won’t tell patients who to go to…they will only tell patients that they will not pay unless it is an “approved” facility or provider…which will eventually mean a controlled “yes” entity.

    Divide and conquer; stand firm and hold the line!
    Paul E. Miller, MD Kidney Consultants of LA 337.594.0675

  8. I quit the AMA over Obamacare; previously I held my nose and paid my dues, partly to support the minority of physicians in the House of Delegates who fight the good fight.

    Kudos to AAPS.

  9. They should all be kicked out of office and prosecuted for their attempt to destroy this country with their radical agenda. I realize they think they can make the laws up as they go now, but isn’t that against the law? I’ll be damned if i’ll sit back and let a bunch of arogent, left wing, nut jobs wreck this country.I cannot wrap my mind around the stupidity of these morons. They think this is their big shot at socializing america.We need to stop this now before it’s to late.

  10. Your lawsuit is full of hot air. The current system limits patient choice and freedom. I will use my free choice under the President Obama’s law and see if my doctor is a member of your organization. If he is, I will find a new doctor and tell him why. Its time your organization put the patient first. Stop complaining and follow the law of the land.

  11. When my husband applied to medical school, neither of us thought we would be facing the possibility that he might some day be forced to work for the government and cater to its whims. We are so glad to see AAPS doing this on behalf of patients and health care providers. It seems that in the midst of debate and siezure of power, the most important players in health care reform have been pushed aside and trampled upon. There is nothing constitutional about this mess of a plan and I am thoroughly sickened by the AMA’s support of it. How dare the government intrude into the private businesses of physicians and surgeons! They never asked for a bailout or any kind of “assistance”! Ronald Reagan was on target when he said, “The nine most terrifying words in the English language are: ‘I’m from the government and I’m here to help.’”

  12. I am deeply concerned reading the reserach this bill (reconciliation bill)had appropriated thousands of millions of dollars to do. First, because they are all directed to save money…not to save lives. Second, they have committees and reserchers who are appointed by politicians…not a true scientific merit bases. Third , they only last three to five years… as we know we cannot judge quality of life, life expectancy, quality of health based on three to five years. Fourth, They use as study group,a group of coverd patients, who will undergo certain study protocol, which reiforces another provision of this bill, assigning people to certain geographic group coverage. For both of these reasons, certainly will be restricting freedom to seek health care of one’s choice. Fifth, government decide on who , when and when to terminate studies and committees members are ceratinly subject to nepotism, i.e. there is no true liberty for scientific medical research. For those of us who had been exposed to medical reserach in our traing or careers, we should really think about how gorvernment is going to completely restrict and shape direction of medical science based on money that governmemt will have to spend on health care. As in this bill, every nine member research commitee will have at least two members form Treasury department and Health exchange or Department of Human Services. It will be health care cost trumping medical advance and our lives.

  13. Czar “Care” Kills – and is not authorized in our Constitution.
    Go AAPS! This time you have lots of company, more than in 1993.
    Treatment dictated from afar and insurance requirements that remove patient power (HSAs) from even primary care, will fail. Most of my patients have already had standard care from an ER, HMO or Obamacare (Medicaid) clinic – and found they were not standard.

  14. The road to full government control of health care under the Senate bill is to mandate coverage of pre-existent conditions, while not requiring everyone to carry insurance full time. You can opt out by paying a tax to the Federal Government that is less expensive than insurance, then if you have a major medical event, you can sign up for insurance at the hospital door, and they have to cover you. When done with your hospital visit, you can then disenroll, and go back to paying taxes to the Feds. This will quickly drive insurance rates to where no one can afford to be insured, except during an emergency, and the insurance companies will go out of business. Then the Federal Single Payer will step in as the great savior from the rotten insurers, and we will get major rationed care, and the death panels.

  15. This bill will force all physicians into an employed position and atke away our ability to be small business entrepreneurs. The next step will be to outlaw “boutique” practices which may stand to expand their patient bases as insurance will become as costly as they are! This is bad medicine all the way around and now we, the physcians of this country, are becoming employees of the government. One run primarily by those with law degrees and as a general rule, not caring or understanding anything about what each of us do for a living.

  16. I too will fire any physician who works to return to the old broken system. If you do not like the current law then suggest thoughtful, creative, constructive ideas that would fulfill and improve this law’s goals! Going back to a system that allowed millions to die because they did not and could not afford or get health insurance is NOT an option! Physicians should not go into medicine expecting to get rich they should go into it hoping to do good and help suffering people. Insurance Companies get their license to function as an insurer through the government and therefore should have to do business under guidelines (and in my opinion should all be nonprofit organizations; the greed is too extreme with the current system). No one says the law as it is perfect but it is and must be a first step toward a health care system that works for everyone not just the few and the privileged! So if you find areas in the law that you think will impede the accomplishment of its intended goal then offer ideas and work with the congress to find solutions that will improve the law but don’t just (say I’ll have nothing to do with it) try to overturn it because that shows that you are in the wrong business and are not worthy to keep you license to practice medicine (which is also granted by government). Stop whining and start working to improve things instead of standing the way!

  17. Great job AAPS. The only way to stop this freight train is for doctors to rise up and say NO WAY! Another grassroots group of doctors from around the country, called Docs 4 Patient Care is feverishly building its membership so they can go before Congress to tell the 240 lawyers that just giving everyone in this country an insurance card will not guarantee they will get to see a doctor. Obamacare clearly stands in the way of the doctor-patient relationship. It forces the doctor to only follow the protocol set up by Kathleen Sibelius, an attorney. If the doctor deviates from this protocol, their salary will be docked or they will face JAIL Time. For those of you non-believers, would you like to have your follow up visit with your doctor in a jail cell? If you don’t believe me, READ THE DAMN LAW YOURSELF! I did.

  18. The major reason I joined AAPS is that it is not afraid to actually DO SOMETHING in the name of physicians to improve the delivery of health care.

    Thank you!

    John Wey, MD

  19. Jim Ferguson, Read the constitution ! Doctors become doctors to Pursue their own happiness. It takes persistence, intelligence and integrity to work with the sick and ailing. Doctors are compensated because they have skills that are valuable to humanity.
    You obviously have not learned a basic truth, Nothing in Life is FREE. Med school typically cost 140K + and countless hours of study and practice. I doubt you have ever committed 140 K and given your investment away for Free.

    Read the constitution and stop being a future slave to the current greedy unions who put Obama in office.

  20. Jim, If you want all of your doctors to be public servants who make no more than a fast food worker’s salary, consider paying their $200,000 for med school, $80,000+ per year for malpractice insurance, whatever measly payroll you think their employees deserve, and all the benefits they are supposed to offer their employees. Then spend at least 6 years of your life away from your family most of the time and without sleep, catering to the whims of whining patients such as yourself who feel that they are entitled to all without paying for any.

    Get a life Jim. The rest of us have had to. Step up and be a responsible working citizen instead of trying to deprecate the last few members of society who actually bring true worth to this once great but quickly crumbling country.

  21. THANK YOU!!!!!!!!!
    I recently spoke with a constitutional lawyer about the probability of success of a citizen’s lawsuit. He told me the states would fail, as they would never get past the threshold, but a class action by citizens had an extremely high probability of success. He then said, the people who have the best chance, and the most to lose in free enterpise, are the doctors and medical professionals. If you could talk them into suing this law would have to be overturned. I hope he was right. God Bless you for standing up for Americans, free enterprise and our constitutional rights.

  22. Nobody here likes insurance or the current system.

    Health Insurance costs skyrocketing. Premiums rising, co-pays rising, covereage dropping. BUT NONE OF THAT CHANGES with this reform. Now it is ILLEGAL for you to say, “Gosh I can’t afford this health insurance, I’ll just pay out of pocket if I get sick. I’ll negotiate with the doctor or hospital.”

    Right now, the real cost of Medical Care is less than ever. Doctors earn less. Labs cost less, tests cost less. MRI’s and X-Rays cost less than ever before. But since you aren’t paying, you don’t know that. The insurance company hasn’t paid out anything in some cases. You are just getting their negotiated rate.

    Paying $800 a month in Health Insurance so that you can get a $100 doctor visit (Health Care) for $35. How does that make sense?

    Some of the unenlightened commenters may not really “get it” until they are paying $900 a month in Mandatory Government Health Insurance but no doctors are left to take care of them. Only then will they grasp that Health Insurance isn’t Health Care.

  23. GOO APPS!!!

    If the AMA is anything like AARP, then they have all been taken down the primsorse path by lawyers and the insurance insustry. I am NOT a doctor but I rely upon several good ones to maintain my health which is good but far from perfect. I depend upon Medicare 100% for doctors, hospital care, Rx and many types of lab work. Obamacare states that they will reduce Medicare coverage, and at the same time the great one in DC says senior citizens will be supported with better Rx coverage. Sounds like some more double talk! I don’t trust anyone in DC. This bill needs to be struck down and new legislation structured that brings tort reform, lower Rx costs through government negotiated deals with the pharmaceutical industry, and does not get the government between me and my doctors!

  24. I am glad you have filed suit as this health care legislation will not improve care for anyone in this country. In addition to the Constitutional issues you mention, RFID micro chipping of human beings is to be tracked by the head of HHS per this new law, and adverse events like migration of the device and cancers caused are to be monitored. How was that slipped into this bill? (See pages 1001 – 1005 of the Act.) Are mandatory RFIDs in our future to make our medical conditions more easy to track by hospital and medical personnel? Are we all just dogs to our elected officials? What kind of country is this? I thought it was a democracy. Go AAPS! I hope you win. You may want to consult with attorney Jonathan Emord in D.C. (if you have not already done so) as he has beaten the FDA on issues several times, and he is a wonderfully intelligent Constitutional Law attorney. Good luck. I am praying for your success.

  25. As an “average citizen” with income below $30,000 annually, I CAN NOT AFFORD the required Obamacare! IF there is a national healthcare program enacted, it MUST have a sliding scale to accomodate others in this situation. I cannot believe how out of touch the government officials are with us citizens! At a time when our unemployment is at a whopping 10%, do they actually BELIEVE that any of us can pay this horrendous charge in order to stand in lines for cookie-cutter care?!!

  26. I can’t thank you enough for the law suit. Everything possible must be done to stop Obama Care as well as his agenda. The health care bill is designed to put the insurance companies out of business leaving us with single payer socialized (rationed) health care. What people don’t realize is that rationing healthcare was already approved in the stimulus bill. It says that your benefits can be cut off based on your age. What that had to do with the stimulus bill I don’t know but it is in there.

  27. M. Frank says “The only way to stop this freight train is for doctors to rise up and say NO WAY!”
    —Where was your spine when the HMOs and PPOs started mandating the way you should treat and care for patients?

  28. Shame upon all of the major letter combinations ie.: AARP, AMA , APA …… We all need to resign from these very liberal and disruptive organizations!

  29. Pingback: Doctors sue to overturn ObamaCare | Independence Institute: Patient Power

  30. Actually, the AMA may soon be changing it’s tune. It is amusing, because they were well aware of the fact that our country was already facing a shortage of Doctors, initially, before Obamacare, to exceed 150,000 doctors nationwide. Obviously, they thought that supply and demand would mean that they could deal with this monster from a position of power and *not* suffer the loss, passing the entirety of it on to us, the consumers. However, in the face of this, and new projections that predict that Obamacare will excaberate this problem, several Nurses Associations are pressing for the ability to have Nurses provide certain medical care that was traditionally only provided by a Doctor, thus weakening the position from which the AMA wishes to convince its membership they will be able to negotiate from. I fully expect the Nurses to win this fight, not because they are particularly correct, but that it pragmatically deals with a problem that we WILL inherit from Obamacare: Lack of Competent Caregivers. And those in the Government have invested politically in Obamacare, so they will subvert justice if it can help Obamacare in any way.

  31. Pingback: The American Association of Physicians and Surgeons Files Health Care Lawsuit | The Post & Email

  32. As a longtime member of AAPS, I have been proud of my organization for many things, including having the courage to bring the lawsuit against HillaryCare in 1993 and helping stop that abomination. There is a new abomination now threatening our liberty and our financial security, as well as the security and liberty of our children and grandchildren — and it’s called ObamaCare. And once again AAPS is stepping up to defend liberty, to defend our way of life. I am truly grateful, and proud to be a member of AAPS. All of us must do everything we can to reverse the forces of despotism — no one has the luxury of sitting this one out. Speak out, write, call. And be sure to support candidates who are committed to promoting liberty and repealing ObamaCare. Please check out my website dedicated to   the cause of liberty — FeedomFamilyand Faith.com.
    Together, we cannot fail!
    God bless us,
    Rick Jackson, MD
    Vancouver, WA 

  33. All of you arrogant, self-righteous GREEDY docs and supporters…I hope financial catastrophe strikes you and you are left to the wiles of the current broken system. To the uninformed 30k a year naysayer…THERE IS A SLIDING SCALE to make the mandate affordable. There are also many incentives to attract more primary care physicians to fill the void. Being oracles of knowledge as you ALL are…u’d know these basic principals (but they don’t support ur claim, u ignore them).
    Any doctor who doesn’t support a bill that extends coverage (you know…LIFE OR DEATH) to MILLIONS of HARD WORKING Americans…I spit in ur face of greed. Just go relish in ur fine wines, lavish vacations and 500k + homes and be real enough to say “eff u” to the millions of uninsured/suffering Americans. Doctors in every other civilized country live life fully and are financially “sitting pretty” compared to the majority of their society. Anyone in their right mind recognizes that docs should b compensated well for their rare talents – NO ONE IS TAKING THAT AWAY! But docs elsewhere are all rabid socialists making (as one ignorant poster said) “fast food wages”. Got it. May God have mercy on ur greedy souls!

  34. Lacie L—-I bet you’re one of those life-time welfare recipients, aren’t you? Only looking out for yourself. I’d say YOU were the greedy one!

    Do you have any idea what it takes to become a doctor? Minimum of 6 years of college at a tune of about 140 thousand dollars, taken out in loans. Then there’s residency where docs don’t get much sleep time. Doctors have a tremendous amount of pressure in that a mistake by them can mean death to someone. The amount of knowledge they have to remember is mind boggling. They deserve every dime they make. I do not begrudge them that. It takes years for them to pay off those loans–it’s not something that happens overnight!

    No hospital can refuse you treatment if it is a life-and-death situation. Pregnant women also get free medical care.

    If you are so jealous because some of us have jobs and PAY for our insurance premiums, then maybe you should consider getting a full-time job!

    BTW, I don’t know where you came up with the idea about sliding scale. Are you talking about how the government is going to ‘subsidize’ low-income families? And exactly WHERE is that money going to come from? From us working people!! I not only have to pay for insurance for my family, now I have to pay for yours??? You think that’s fair? Now whose being the “greedy” one???? YOU!!

    It’s obvious you haven’t read the Health Bill because if you did, you’d know that there is absolutely nothing in there about what it’s going to cost for your MANDATORY premium. Nor is there anything that describes just exactly what kind/type of care that will entitle you to! Boy are you in for a rude awakening!

    How about contacting your representatives (State & Federal) and asking them to repeal the bill they passed and allow insurance companies to sell across state lines. Also encourage them to add tort reform. Then get yourself a job, and just maybe if you watch how you spend your money, you’ll be able to afford your own insurance premiums and not have to look for yet another hand-out!

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