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  • ACA Architect Gruber Insults Voters November 21, 2014
    MIT economist Jonathan Gruber (an architect of Obamacare) has emerged in a handful of videos insulting the American public. In one video, Gruber discusses how voters’ “lack of economic understanding” enabled a politically unpopular tax on “Cadillac” health plans to …
  • Are You Vitamin D Deficient? November 19, 2014
    Many Americans believe they are not at risk for Vitamin D deficiency because they eat D-fortified foods. These foods do not contain enough Vitamin D to benefit your health. Vitamin D is not a regular vitamin, but a steroid hormone …
  • Ambulance Drones Could Help You Survive a Heart Attack November 17, 2014
    Heart disease is the #1 cause of death in the United States. The odds of surviving a heart attack outside of a hospital is only 8%. Four out of five heart attacks occur at home where there is no emergency …
  • Eugenics in America – In the Name of Science November 17, 2014
    Marilyn M. Singleton, M.D., J.D. presents at the AAPS 71st Annual Meeting, September 5, 2014, Charleston, South Carolina
  • Supreme Court to Examine Issue of Obamacare Subsidies November 14, 2014
    The Supreme Court will decide the fate of Obamacare yet again. This new case challenges the key issue of subsidies used to assist in purchasing insurance in the exchanges. This decision to hear the King v. Burwell case has surprised …
  • Apples to Protect Against Obesity November 12, 2014
    An apple a day may be as beneficial as daily statin use. Apples and pears reduce the risk of stroke by more than 50%. A new study has found that the bioactive compounds in apples not absorbed during digestion boost …
  • Diabetes Awareness: Testing & Treatment is Important November 10, 2014
    Diabetes mellitus, known commonly as diabetes, is a metabolic disease where a person has high blood glucose (sugar) because they do not produce enough insulin or the body’s cells do not respond properly to insulin. Glucose cannot enter our cells …
  • Tau Protein Causes Alzheimer’s, Not Plaque November 7, 2014
    A new study has discovered that the protein tau (the “tangles”) is the main cause of Alzheimer’s disease, not plaque as was previously believed. Tau determines how much amyloid protein stays in the cell and how much is secreted outside …
  • Direct Primary Care Reduces Healthcare Costs November 5, 2014
    Direct primary care benefits both the patient and the physician. Many people could afford medication if they could afford the office visit it stems from.  Clinics that take insurance have to hire extra people and invest in special technology in …
  • The Problem and Solution for Our Healthcare System November 3, 2014
    by Timothy D. Wingo, MD; Owner – Atlas Healthcare, PA It is obvious to everyone that the healthcare system in our country is broken and getting worse. What is not so obvious is what it would take to fix it. …
  • 3 Steps to Get Rid of Heartburn and GERD Forever October 31, 2014
    Heartburn and GERD are caused by too little stomach acid and bacterial overgrowth in the stomach and intestines. There are three steps to treat heartburn and GERD without drugs and keep them from returning. Reduce factors that promote bacterial overgrowth …
  • OMTEC 2014 – Keynote Interview with Industry Leaders (Installment 5 of 5) October 31, 2014
    Original, essential content from OMTEC. Industry leaders Michael Butler, Dirk Kuyper and Mike Matson discuss the intricacies of supplier relationships within the orthopaedic industry.
  • OMTEC 2014 – Keynote Interview with Industry Leaders (Installment 4 of 5) October 31, 2014
    Original, essential content from OMTEC. Industry leaders Michael Butler, Dirk Kuyper and Mike Matson discuss the intricacies of supplier relationships within the orthopaedic industry.
  • OMTEC 2014 – Keynote Interview with Industry Leaders (Installment 3 of 5) October 31, 2014
    Original, essential content from OMTEC. Industry leaders Michael Butler, Dirk Kuyper and Mike Matson discuss the intricacies of supplier relationships within the orthopaedic industry.
  • The Wasting of Taxpayer Money October 29, 2014
    by G. Keith Smith, MD If you are looking for proof of the fact that the wonderful folks in D.C. are more interested in lining the pockets of their pals than demonstrating good stewardship of the loot from the robbery …
  • Giving Birth in America is Most Expensive in the World October 27, 2014
    While a woman is preparing for giving birth, one worry she doesn’t want to have is about the cost of delivery. Insured women are finding that some policies do not cover maternity care, services that most often do not have …
  • Physicians are Not Medicine’s Top Earners October 24, 2014
    Physicians are the most highly trained members of the medical industry’s force, yet have median compensation.  The largest salaries go to the Medicrats who oversee the business of medicine. Insurance CEOs average $584,000 compared to surgeons ($306,000) or a general …
  • Health Benefits of Honey October 22, 2014
    Honey has been used as a natural sweetener long before sugar. Bees collect pollen from  plant to plant, which is passed along from bee to bee until it eventually is deposited into the honeycomb. They beat their wings to evaporate …
  • Rotten Food and the VA Hospital October 20, 2014
    by G. Keith Smith, MD Imagine for a moment that you own and operate a restaurant knowing that if you provide spoiled food and rotten service, you will subsequently make more money.  You openly employ strong-arm and intimidation tactics to …
  • Hospitals want patients to pay in advance October 17, 2014
    Hospitals are asking for payments from patients before they leave the facility so they don’t end up with unpaid bills. Knowing the costs before the procedure is important because insurance deductibles are increasing and so are procedure costs. Obamacare policies …

If ObamaCare Survives, Legal Battle Has Just Begun

AAPS and other groups/states still have lawsuits pending against Obamacare.  The AAPS lawsuit is based on the 5th Amendment:  The Takings Clause — that the government cannot take your property without just compensation. The limited expansion of Medicaid is “an important victory” states AAPS General Counsel Andrew Schlafly. 

Free yourself and take control of your own medical care!  MediBid provides freedom for patients AND doctors.  Patients have the freedom to pick their own doctor and pay with their own money.  Physicians are free to give quality care and accept direct payment outside the restrictions of insurance. 

If ObamaCare Survives, Legal Battle Has Just Begun

http://www.cato.org/publications/commentary/obamacare-survives-legal-battle-has-just-begun

by Jonathan H. Adler and  Michael F. Cannon

This article appeared in USA Today on June 25, 2012.

Even if the Affordable Care Act survives its first Supreme Court test — a ruling is due as early as today — the lawsuits won’t end. Citizens have already filed challenges to what critics call the law’s “death panel” and its impact on privacy rights, religious liberty and physician-owned hospitals. Still another potential lawsuit poses as great a threat to the law as the case now before the high court.

Under the guise of implementing the law, the Internal Revenue Service has announced it will impose a tax of up to $3,000 per worker on employers whom Congress has not authorized a tax. To make things more interesting: If the IRS doesn’t impose that unauthorized tax, the whole law could collapse.

The Act’s “employer mandate” taxes employers up to $3,000 per employee if they fail to offer required health benefits. But that tax kicks in only if their employees receive tax credits or subsidies to purchase a health plan through a state-run insurance “exchange.”

This 2,000-page law is complex. But in one respect the statute is clear: Credits are available only in states that create an exchange themselves. The federal government might create exchanges in states that decline, but it cannot offer credits through its own exchanges. And where there can be no credits, there is nothing to trigger that $3,000 tax.

States are so reluctant to create exchanges that Secretary of Health and Human Services Kathleen Sebelius estimates she might have to operate them for 15 to 30 states. Even if she manages that feat, the law will still collapse without the employer mandate and tax credits.

Unauthorized Tax

To prevent that from happening, on May 18 the IRS finalized a rule making credits available through federal exchanges, contrary to the express language of the statute.

Because those credits trigger penalties against employers, the IRS is literally taxing employers and spending billions without congressional authorization. Estimates by the Urban Institute indicate that had this rule been in effect in 2011, it would have cost at least $14.3 billion for HHS to run exchanges for 30 states. About 75% of that is new federal spending; the remainder is forgone tax revenue.

The IRS doesn’t have a leg to stand on here. It has not cited any express statutory authority for its decision, because there is none. The language limiting tax credits to state-established exchanges is clear and consistent with the rest of the statute. The law’s chief sponsor, Senate Finance Committee chairman Max Baucus (D-Mont.), is on record explaining creation of an exchange is among the conditions states must satisfy before credits become available. Indeed, all previous drafts of the law also withheld credits from states to push them to cooperate.

Employers can sue

Under the Congressional Review Act, Congress has 60 days from the date of issue to block the rule. Reps. Scott DesJarlais, R-Tenn., and Phil Roe, R-Tenn., have introduced a resolution. It may receive a cold reception from President Obama, but “taxation without representation” is a difficult position to defend. If that approach fails, states that have refused to establish a health insurance exchange, and large employers the IRS will hit with this unauthorized tax, could challenge the rule in court.

The authors of the Affordable Care Act wrongly assumed states would be eager to implement it. If saving the law from that miscalculation requires letting the IRS tax Americans without authorization, then it is not worth saving.



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