Independence Day 2012

Nobody does it better:

Oh No You Won't

CA Insurance Commissioner David Jones flexed his goosestepping police power and denied Blue Shield's request to withdraw certain products from the market.

Jones' department said Tuesday that Blue Shield's proposal for closing its insurance plans did not comply with the requirements of the state insurance code. Specifically, it found that the company's proposal to place customers whose plans would be closed with others in a much smaller actuarial pool was not fair to those being reassigned. A lawsuit had been filed against the plan by a consumer group last month.

"When consumers purchase health insurance, they should not have to worry that their health insurer will make decisions to open new products and close others in ways that put the policyholder at risk of being pooled with unhealthy lives whose claims costs are likely to cause premiums to increase," said Jones.

Really?

So the alternative is what?

Five Good Things About Obamacare

A different view on Obamacare.

Limits the power of Government.

First of all, placing the ACA under the Taxation power instead of the Commerce power places greater limits on how that power can be used and dramatically softens the penalty for non-compliance (you simply pay a tax, you cannot be jailed or otherwise punished for failure to purchase health insurance).  Congress cannot compel you to purchase insurance; it can only compel you to pay a non-extreme, non-coercive tax if you wish not to purchase insurance.  

Easier to overturn Obamacare.

The ordinary process, of course, requires 60 votes to overcome a filibuster in the Senate.  But when it concerns budgetary matters, including taxes (like the Bush tax cuts), 51 votes are sufficient to put the law on hold for 10 years. 

Limiting expansion of Medicaid

The administration can condition new, additional funding on states’ cooperation, but not the preexisting funding.  This is a big difference.  It will be much easier for states to opt out of the medicaid expansion.

Spinning class

President Obama and Congressional Democrats just became the owners of a considerable tax hike – what one of my colleagues is calling “The most deceptive tax increase in American history.”  The Obama campaign will frame it as a tax on “the rich” — since you only pay the tax if you are a taxpayer who is capable of purchasing coverage but chose not to purchase it.   

Adds another dynamic to the 2012 elections

The Supreme Court is not going to save us against our own poor electoral decisions, if the people we elect go on to pass foolish taxes.

Maybe there is hope after all.

Hope for change.

OK boys and girls: What is macaroni?

I'm SO glad you asked.

'Macaroni products are the class of food each of which is prepared by drying formed units of dough made from semolina, durum flour, farina, flour, or any combination of two or more of these, with water and with or without one or more of the optional ingredients specified in paragraphs (a) (1) to (6), inclusive, of this section.' 

At first I laughed.  But a bad case of seriousness set as it dawned on me this is not a joke.

It's actually part of the United States Code of Federal Regulations (21 CFR 139.110 - Macaroni Products).  This means federal regulators actually drafted, debated, and finalized this Reg; it means there is some federal law, somewhere, that the regulators cite as the "authority" to issue this regulation in the first place; and of course it means that the time required for the bureaucracy to perfect this regulatory gem was paid for with our taxes.

OK, admiral, but why is this relevant here?

Only to suggest that we will experience the same kind of mind-boggling and intrusive minutiae when the federales have written the regs under the Affordable Care Act.  

But the PPACA regs will have a truly serious impact on us all.  They will define the conditions under which we as citizens will be permitted to seek medical care, and will direct our physicians in the types of medical care we will be permitted to actually, you know, receive.   Until the end of time.

I can barely contain my enthusiasm. 

Stop asking questions and pay your tax...

...or penalty. The left seems to have gotten their panties twisted being accused of the largest tax increase in history. I had a short but spirited debate with Austin Frakt here.

Austin referenced Kevin Drum who referenced Josh Marshall who just made the claim with no reference to who he is arguing with, moment of silence for the poor straw-men, they are the real victims in all this. I linked to Forbes which clearly included the cost of premium:

"And if both the premium and the penalty are considered a tax, the mandate becomes the largest tax increase in U.S. history. And that doesn’t include all of the other taxes imposed by the legislation."

When Frakt/Drum/Marshall dismiss this claim they leave out the part which specifically includes premiums. When challenged on this Frakt says to look it up, so I did, third from the top was Rush; one of the early and widely heard places so lets see what they say:

"OBAMA: No, no. B-b-but George y-y-y-you can't just make up that language and decide that that's called a tax increase.

STEPHANOPOULOS: I don't think I'm making it up. Merriam-Webster Dictionary: "Tax: A charge, usually of money, imposed by authority --

OBAMA: (snickering)

STEPHANOPOULOS: -- on persons or property for public purposes.

OBAMA: George, the fact that you looked up Miriam's dictionary (sic), the definition of tax increase indicates to me that you're stretching a little bit right now. Otherwise you wouldn'ta gone to the dictionary to check on the definition! I mean --"

Maybe the rest of us non-ivy educated normal folks need to look words up now and then but we know if it cost us like a tax, is forced on us by government like a tax,  and the IRS is making sure we pay it, then its a tax.

Everyone needs to pay close attention to the level of distortion coming from the White House and those that support this mess. If the bill is so bad you need to lie this blatantly to cover for it we have problems.

Free Isn't Really Free

Free annual exam. That's what we were promised. A free annual exam. As part of the Obamacare promise, Medicare beneficiaries can receive their annual physical at no charge . . . or at least, that was what we were told.                              

But if you don't follow the rules, your free annual exam could cost you $500 - $1000 or more.

First the big one.

SOME colonoscopy's are available at no charge, but you should be aware if your free annual exam was done because of a complaint or issue, or if the exam discovers polyp's, you have gone from a free colonoscopy to one costing $1000 or more.

Even a "routine" office date for your annual physical can end up with a doctor bill for $500 or more. When you arrive at your doctor's office you will probably be asked to fill out a questionnaire that runs several pages and asks if you are having problems or concerns about your health.

Be aware that a "yes" can change the coding on your exam from routine to diagnostic and your free annual exam is no longer free.

Medicare provides a 28 page booklet titled "Your Guide to Medicare's Preventive Services". Study this before going for your free annual exam.

You should also review the Preventive Services Checklist to learn what is and is not covered in your free annual exam.

Just because services are listed as part of your free annual exam in the checklist does not mean you will not be billed. Consider this from Medicare's page on the free annual exam.

You pay nothing for the yearly “wellness” visit if the doctor or other health care provider accepts assignment. If you get additional tests or services during the same visit that aren’t covered under these preventive benefits, you may have to pay coinsurance, and the Part B deductible may apply.

The visit is covered by Original Medicare (Part B) and Medicare Advantage Plans. Under the new healthcare law, the visit is now free to those with Original Medicare, and to most people with Medicare Advantage Plans, along with a number of preventive screenings and services (like mammograms and colonoscopies).

Sure makes it sound wonderful, including a free colonoscopy. Almost makes you want to call now and schedule your free annual exam, doesn't it?

After all, it IS free.

Know this. It isn't a free annual exam unless Medicare says it is free and they won't make that determination until AFTER your doctor submits your claim.

Don't get caught with your pants down. Understand the difference in free and this will only hurt a little . . .

50

A few days ago Hank posted about the danger in being employee #50. With Obamacare hanging over employers like a dark cloud, you don't want to be employee #50.     

It seems Yanks aren't the only ones considering employee #50. Frogs have the same issue, but for different reasons.

Here’s a curious fact about the French economy: The country has 2.4 times as many companies with 49 employees as with 50. What difference does one employee make? Plenty, according to the French labor code. Once a company has at least 50 employees inside France, management must create three worker councils, introduce profit sharing, and submit restructuring plans to the councils if the company decides to fire workers for economic reasons.

In an attempt to avoid government imposed bureaucracy and interference, the French don't care much for their 50th employee either.

Companies say the biggest obstacle to hiring is the 102-year-old Code du Travail, a 3,200-page rule book that dictates everything from job classifications to the ability to fire workers. Many of these rules kick in after a company’s French payroll creeps beyond 49.

Sound familiar?

There are now 2.9 million people out of work in France, almost 10 percent of the workforce and the most in 12 years. “Every time a social security contribution changes, which is frequently, we have to update software and send our HR people for training. We can’t fire anyone without exorbitant costs.”

The code sets hurdles for any company that seeks to shed jobs when it’s turning a profit. It also grants judges the authority to reverse staff cuts years after they’re initiated if companies don’t follow the rules. The courts even deem some violations of the code a criminal offense that could send executives to jail.

Don't give the Bozo's in DC any ideas. They seem to come up with enough ways to stifle the economy without help from frogs.