Obamacare – A Fatal Blow to the Constitution

by Richard H. Frank

One week ago today the Health Care Reform Bill was signed into law by President Obama.  Within days of his signing this disastrous legislation America’s major corporations such as AT&T, John Deere and Caterpillar are reporting the devastating impact this law will have on earnings and the ultimate value to shareholders of the companies themselves.  Like it or not, Mr. President, this is an “intended consequence” in your mission to “fundamentally change America” and redistribute wealth.

But hold on America, we have yet to hear from the insurance industry as to the “intended consequences” for having to accept pre-existing conditions and have their premium structure under Government control.  An example of what will happen has already occurred in Michigan with regard to homeowner insurance.  As a result of the massive unemployment, rate of foreclosures and people walking away from their mortgages and property, insurance claims and risk assessments have risen in Michigan.  Our company presented us with a 35% increase in the yearly premium even though we have never had a claim with them and the assessed value of the property has dropped dramatically.  The same logic will and must prevail with health insurance companies if they are to remain viable and stay in business.  It has already been reported that because health insurance companies now must put aside 85% instead of the old 65% to pay claims caused by the passage of this law, they are projecting that they will be out of business in the private market within 2-3 years, which is another “intended consequence” of Obamacare.  I can safety predict rates for health insurance will rise by a minimum of 30% for the next renewal cycle at the end of the year (well after the mid-term election).  Be sure to keep this in mind next November when you vote for your representatives in Congress who have exempted themselves from the new law.

Since businesses and most individuals will not be able to afford these massive premium increases they will be forced to drop their coverage and either revert to the Government exchanges or simply pay the penalty tax in lieu of being insured.  The more people and businesses forced to take this action, the less revenue will flow to the Government to pay for the reform.  Hence, a new crisis will have been created, and to which the Government must react, and presto, just like magic, Obama will have achieved his ultimate objective to get a single-payer total Government-controlled, socialized health care system for America.  It may take 3 years to reach this goal, but rest assured the progressives are patient and it is all laid out in their plan to “fundamentally change America and the World.”

This battle against socialism has just begun and every thinking American must remain vigilant and stand against financial reform, immigration law reform and cap and trade that would further empower the Federal Government over our lives and further redistribute the remaining wealth of the nation.  Should the Supreme Court fail to overturn the health care law as being unconstitutional, it will have struck the first of many fatal blows to our Constitution and our Republic.  Keep pressure on your State Legislatures to fight the Federal Government and preserve their and our 10th Amendment Rights.

The President’s Health Care Proposal: Deceit, Arrogance or Desperation

by Richard H. and Jayne D. Frank

What kind of game is President Obama playing on the American people?  He appears before the television cameras and acknowledges that the People are correct in identifying the “economy” and “jobs” as the most important priorities for the Country (where has he been?).  He criticizes Congress and Government for uncontrolled spending in one breath and then introduces his new budget and more spending proposals purported to cure our ills.  Then when over 66% of Americans are opposed to Government health care reform as envisioned by Congress,  he attempts to resurrect an ill-conceived Bill under the guise of bi-partisan cooperation.

Just when we think Congress and the President have received our message and shifted their priority to the economy,  Mr. Obama uses a bi-partisan summit on health care alleging he is open to any ideas to control costs that will make insurance affordable for all Americans.

Today, four days before the summit at Blair House, the White House has posted on their website, President Obama’s Proposal for health care reform.  Careful reading of his proposal reveals a warmed-over manipulation of language contained in the Senate Bill hastily passed on  Christmas Eve 2009.

The Proposal is cleverly crafted in such a way as to cloud its ultimate intent, to move to a single-payor system,   and further, the Progressive agenda for “massive redistribution of wealth.”

Here is the simple truth behind The President’s Proposal dated February 22 which is nothing more than more punishment for the “rich” in our society, additional spending, punishment of businesses, more Government intrusion, and is true wealth distribution and nothing more.  It does NOTHING to change what has been on the table before the American people for the last year.  Here are the key points that most affect Americans that were not in either of the previous House and Senate bills.  We have attempted to boil down 11 pages of the warmed-over Senate bill by highlighting the revisions of the President’s Proposal in 15 key elements:

  1. Included in the Proposal is a new mandate that insurers must lower premiums if the Government feels they are unreasonable; this replaces simply an oversight review. This is a usurpation of the authority vested in the States by the Constitution.
  2. Preventative care is covered in grandfathered policies only beginning in 2018.  That is an attempt to hide increasing of the deficit because costs beyond that point are not considered by the CBO.
  3. Uninsured Americans will still make a payment (tax/fee) for not being insured but the threshold is lowered to $18700; i.e., taxes on more Americans.
  4. The Proposal gives $40 billion  to businesses in tax credits; those tax credits are a drain upon the Federal revenues, that if insufficient, end up adding to the deficit.  This is still a mandate to businesses because if they don’t provide coverage they will pay an “assessment” of $3000 (fee/tax) to help defray the “taxpayer’s cost” for those workers which the businesses don’t cover; eventually this will lead to cancellation of all employer coverage and move everyone to a “Government-controlled Healthcare Program.”
  5. There is a great deal of language involved in inundating health providers with more paperwork, database requirements and  “law enforcement” threats for catching fraud and abuse. Hidden in this language section is a “Real-Time Data Review” to identify potentially fraudulent payments more quickly.  When you walk into your doctor’s office, you can see that he will be required to get an on- the spot determination by some bureaucrat if your treatment is to be covered, in essence placing Government between you and your doctor under the guise of reducing fraudulent payments.  The President has just moved his  intent to oversee patient’s treatment into a “Fraud and Abuse” control.
  6. The President wants to return overpayments under this section to the Medicare Trust Fund.  That fund has been robbed by the Government, spent, and has been empty for years.  Are we to trust that they now are honorable and will reestablish this Trust Fund?
  7. In line with real- data review, under the President’s prescription proposal, he wants providers and states to “review and update their care plan to reduce utilization” of certain prescriptions.  The end result of course, will be that people will not be able to get elective prescriptions such as those for weight-reducing, smoking cessation, ED drugs such as Viagra,  depression, and certain senior drugs, because the Government is lining up to determine what prescriptions do not improve “beneficiary quality of care”.
  8. The President proposes to change the Medicare Review process from a “random” process to one with “statutory reviews.”
  9. Cadillac plans are once again attacked, and the Proposal seems to be looking to “average out” fee for services costs in all areas, and the Proposal still taxes high-cost health insurance premiums, although not until 2018.
  10. More importantly, The Proposal on Page 8 requires a “payment adjustment for unjustified coding patterns” than have raised costs …more…than the evidence of their enrollees’ health status…”  In short, Government will determine if treatment for the elderly is justified based upon cost, not “improving quality of life.”
  11. The President’s Proposal adds a total of 5.2% increase in the hospital insurance portion of these plans.
  12. The President wants to tax brand name pharmaceuticals in the interest of “fairness”.  Many prescriptions given to Americans are not yet in a generic form and I assume, the legislation intends to restrict these drugs.
  13. The President has a new “Improvement.”  He wants to give states “100% Federal Support for newly eligible individuals” for 2014 through 2017.” Surely that will give him enough time to get the millions of illegal aliens covered under his proposal.
  14. The Proposal changes eligibility for certain low income  programs (not defined) from adjusted gross income to modified adjusted gross income. That would allow more people to be subsidized or exempted.
  15. There is still a fee on medical device manufacturers, which most certainly is either going to prohibit seniors from receiving scooters, walkers, more “unconventional” oxygen devices, etc., or those costs will be passed along to the consumer to pay.

The President’s Proposal is all smoke and mirrors again, is a rehash of the Big Government intrusion into our personal health care decisions and more importantly does nothing about tort reform, portability, or being able to purchase across state lines, and fraud/abuse which could all be addressed with simple standalone legislation.  He also phrases several of the changes he wants to appear as they are “budget items” to more particularly conform to the requirements for the reconciliation Process.  This “Reconcilation Process” would allow passage of a health care bill with 51 votes as opposed to 60 required under current Senate Rules.

The Republican position at the February 25 meeting should demand including the four principles above under a simple, understandable and controllable piece of legislation, not the massive Senate Bill and the bureaucracies that will be created. The President’s Proposal was aptly described by Brad Blakeman on Fox News this morning as “rearranging the deck chairs on the Titanic.”

For the First Time in My Life, I am Ashamed of my Government

by Jayne D. Frank

With all of the distraction of the horrible plight and suffering of the Haitian people happening this weekend, I wake up not just to this news, but also to the news  once again, in the secrecy of closed door meetings in Washington, with abject continued disregard to the American people’s voice, that another “deal” has been struck to exempt unions from a tax on their cadillac plans. Notwithstanding the fact that our Military will once again do an exemplary job of organizing, feeding and caring for the Haitian people,  Obama cannot stop  himself anymore in  his simultaneous arrogant push to get this healthcare bill pushed through.  Not only is this covert action on the part of the President going to cause the remainder of Americans that are not in the unions to absorb this extra cost, but the Administration and Congress continually disregard and ignore the American Voice.  This Voice is now approximately 75%, and the majority of Americans do not want this health care legislation shoved down our throats.  Who are these people not in the “inner circle” of privileges granted by Obama and Congress?  They are small business owners and employees, entrepreneurs, average Americans working for corporations all across this country, professionals such as real estate agents,  engineers, retail workers, clerks, restaurant owners and their customers, and most of all the millions of senior citizens in this country (your mother and father) – virtually everyone that can will not be able to take one more “tax” on their earnings such as this is going to cause.  You know that the CBO is given whatever numbers Congress wants them to see, so they will not judge this new “secret exemption” as adding adding another dollar to the deficit, the “line in the sand” which Obama said he would not cross.

At the end of the day, despite our calling the government out on these “atrocities”, this health care legislation is probably going to pass, and our only recourse will continue to be to vote the bums out of office.  But in the meantime, our already record number of foreclosures will continue to climb.  People are struggling to pay their mortgages because they  are experiencing climbing costs of insuring, educating and feeding their families and many have lost a paycheck in the family.  Insurance companies will either start gouging seniors and others immediately or start accelerating their efforts to “drop” people they don’t want, before those portions of the bill take effect. Lastly, the economy will continue to spiral downward as people and companies become ever more fearful of their future and don’t spend the money so desperately needed to be put back into the economy.

Obama’s dream of redistribution of wealth by his Administration is truly becoming a reality unless something is done, and I am “for the first time in my life, ashamed of my Government.”

America’s Holocaust

Considering that I am a Constitutional Conservative, I find myself somewhat conflicted as I endeavor to express my thoughts while remaining true to my religious convictions and respecting the inalienable rights we possess under the Constitution.

Those of us old enough to remember the horror of WWII and the anti-Semitic policies of the Nazis toward the Jews in Germany and countries they invaded, acknowledge the human tragedy, suffering and extermination of 6 million Jews. Today the images of concentration camps being liberated at the wars end along with mass graves and cremation furnaces are grim reminders of man’s inhumanity against his fellow man.

Today, however, legal abortion is responsible for the elimination of 1.3 million fetuses annually in the United States of America. According to the National Right to Life, over 40 million abortions have been performed in the U.S. since 1973 with the Supreme Court ruling on Roe v. Wade. The debate as to weather life begins at conception or not is hardly relevant for this discussion. What is certain, however, is that life ends with abortion. The process itself denies the very guarantee set forth in the Declaration of Independence, the right to “Life”.  Proponents of abortion will argue that birth is necessary to secure the rights guaranteed in the Declaration. I guess abortion trumps all arguments regarding rights for the un- born. Opponents of abortion will argue that the debate is moot since taking of a life prior to or after birth is equally against the law and violates the very guarantee set forth in the Declaration. Further they would argue that if life doesn’t begin at conception why does abortion end life?

Today abortion has become a convenient way to avoid the moral responsibility associated with the act of procreation among human beings. Forty million lives, human beings with the potential for contributing to improving humanity, have been eliminated for a multitude of reasons. Justifications, which may or not be legitimate, have nonetheless, been used to satisfy the conscience of those electing the procedure.

So, I ask myself, how does the reasoning for abortion differ morally from the reasoning of the Nazis during WWII for the extermination of 6 million Jews? Is the difference that the 6 million were born, and that hatred for them by the Nazis resulted in their death, makes it any more repulsive than the elimination of 1.3 million fetuses each year?  A holocaust is defined as a massive slaughter. Under that definition abortion is a holocaust. Unfortunately, we attempt to justify the practice as being allowed under the Constitution as the right of the individual to control their own body with no regard to the unborn which, like it or not, represents a real life. The other difference is that we saw with our own eyes the slaughter by the Nazis of 6 million Jews, while abortion although equally massive, is kept from the public view.

The founders relied on natural law when establishing a basis for the Constitution. Natural law found its voice in the scriptures and our constitution takes its foundation directly from the scriptures. In the 1973 Roe v. Wade decision, the Supreme Court ruled that women, in consultation with a physician, have a constitutionally protected right to have an abortion in the early stages of pregnancy – that is, before viability – free from government interference. Herein lays my dilemma. If the scriptures are the basis for the constitution and support the sanctity of life, how can the taking of that life be considered constitutional, not withstanding viability? If not for the abortion the pregnancy would be viable, or am I wrong? I believe the Supreme Court got this one wrong and as a result unwittingly provided justification for the “American Holocaust”.


October 9, 2009