Scott Atlas, MD writes:
The unspoken reality is that President Obama and the Democrats’ fallback plan for ObamaCare’s failure is fully nationalized, single payer health care.
As the evidence rolls in after ObamaCare takes hold, proving its failure to reduce health care expenditures, combined with the predictable decrease in access to care for those with government insurance and the non-viability of private insurance, Americans will understandably voice an increasing dislike of the reformed system. So, specifically, what might we expect during the next phase of this transformative presidency, either from this administration or more likely the next Democrat to profess expertise about health care reform? …
Congressional Democrats unmistakably anticipate the failure of ObamaCare, given they had already asked the CBO to price a formal public option for 2014. …
Second, or perhaps in advance of single payer legislation, watch for the federal government to restrict doctors from practicing, or possibly even criminalize them, unless they accept all patients with insurance paying government-defined rates for medical tests and treatments.
via The Democrats’ Fallback Plan For When Obamacare Inevitably Fails – Forbes.
At National Review Online, Jonathan H. Adler reviews the pending lawsuits against Obamacare. Some excerpts:
The largest set of PPACA cases are the various challenges to HHS’s contraception mandate, under which employer-provided group-insurance plans must cover all forms of FDA-approved contraception and sterilization procedures. … They contend that such a mandate contravenes the Religious Freedom Restoration Act of 1993 (RFRA), if not the First Amendment’s protection of religious practice too. …
Physician-owned hospitals have raised constitutional challenges to PPACA provisions limiting their reimbursement under Medicare, and other service providers are likely to challenge implementation decisions that compromise their bottom lines.
In addition, the Goldwater Institute filed the first challenge to the Independent Payment Advisory Board (IPAB) on separation-of-powers grounds.
The Obamacare Cases Keep Coming – Jonathan H. Adler – National Review Online.
There’s also the lawsuit, Oklahoma v. Sebelius, concerning subsidies for exchanges not set up by states: Oklahoma Challenges Obama’s Illegal Employer Tax.
See also: healthcarelawsuits.org.
Shikha Dalmia writes:
Medicare spending is a pressing problem, no doubt. But the IPAB is a cure worse than the disease. It thwarts seniors’ treatment options, providers’ independence, and the constitutional balance of powers. The more Romney makes it an issue during his campaign, the more likely that the IPAB itself will be thwarted, whether he ends up in White House or not.
Read more: Obamacare’s Rationing by Another Name – Reason.com.
Twila Brase, President of the Citizen’s Council for Health Freedom, has an informative and disturbing essay about how government-run national health information network (NHIN) of patient data can be used by the department of Health & Human Services (HHS) to control how doctors practice.
Also, the Patient-Centered Outcomes Research Institute (PCORI) will develop “evidence-based” standardized medical treatment. The Independent Payment Advisory Board will use these conclusions to determine what treatments Medicare should, and should not reimburse. As Merrill Matthews notes in “Twelve Things (Still) Wrong with ObamaCare,” nominally “private” insurers are likely to follow the IPAB’s recommendations:
Because Medicare is such a large payer, its arbitrarily set prices become a benchmark for private sector insurers. In addition, private insurers often wait until Medicare agrees to cover certain therapies and prescription drugs before they do. It is probable that IPAB decisions will similarly become the benchmark for what therapies and drugs private insurers will cover and how much they will pay.
Ari Armstrong posted a few videos of Dave Kopel, Independence Institute Research Director and professor of advanced constitutional law, on the Supreme Court’s ruling on ObamaCare. Here’s one on Other Possible Legal Challenges to ObamaCare:
Kopel mentions two:
- The conscience mandate: How the HHS’s mandate that everyone buy insurance that covers birth control, even if birth control violates one’s religious beliefs.
- IPAB: The Independent Payment Advisory Board, which the Cato Institute describes as unconstitutional.
From what I’ve read and listened to, I’d expect a lawsuit concerning the type of “tax” (penalty!) applies for not buying government-approved insurance. More here.
Paul Hsieh, MD writes:
When President Obama had his routine physical last year, he enjoyed the freedom to consult with his doctors, weigh the pros and cons of PSA testing, and decide for himself what was in his best medical interest. But under ObamaCare, the President will not allow you that same freedom. Instead, the federal government will decide for you.
Is that fair? Is President Obama’s prostate gland more important than yours?
via Is President Obama’s Prostate Gland More Important Than Yours? – Forbes.
Paul Hsieh, MD writes:
The Supreme Court has finally ruled on ObamaCare. To the surprise of many, the court has essentially upheld ObamaCare, including the controversial “individual mandate” requiring Americans to purchase health insurance. (They ruled it could not be upheld under the Commerce Clause but could be upheld under Congress’ taxing power.)
What does this mean for Americans and what should we do now? There are three important take-home points:
1) American health care will be in deep trouble in just a few years. …
2) There are plenty of good ideas for free market health care reform. …
3) ObamaCare must be defeated politically. …
Read the whole article for elaborations on the above points: What Should Americans Do After the Supreme Court ObamaCare Ruling?