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  • Yet Another ObamaCare Miscalculation December 12, 2014
    by Marilyn Singleton MD, JD On November 13th, the Government Accountability Office (GAO) issued a report finding that that enrollment for the state-operated Small Business Health Options Program (SHOP), created by the Affordable Care Act, was significantly lower than expected. …
  • Ralph Weber Talks About Root Causes of High-Priced Healthcare – Video December 10, 2014
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  • Here’s The Thing #6: Root Causes December 10, 2014
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    by Adrienne Snavely Most commercial yogurts are full of artificial colors, flavors, and sugar, which stimulate disease-causing bacteria, yeast, and fungi in the gut. This overpowers your good bacteria, increasing the chance you’ll get sick. Healthier yogurts are pasteurized at …
  • The Scientist, the Sage, and the Homunculus: The Psychology of Direct Pay Medicine December 7, 2014
    How Patients and Doctors Make Decisions About Payment for Care. Dr. Robert Emmons and Dr. Josh Umbehr of http://Atlas.MD discuss the psychology behind direct pay medical care. From September 4, 2014, AAPS 71st Annual Meeting.
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  • Thanksgiving Special from MediBid for Physicians & Patients November 26, 2014
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    The Fraser Institute study, Waiting Your Turn: Wait Times for Health Care in Canada, is Canada’s only comprehensive measurement of wait times for medically necessary health care. Based on an annual survey of physicians practising in 12 specialties in each …
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  • ACA Architect Gruber Insults Voters November 21, 2014
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  • Eugenics in America – In the Name of Science November 17, 2014
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  • 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 …

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.



At MediBid, we restore market forces to medical care. Doctors get to set their own rates based on their training, experience, and outcomes, and patients get to shop for medical care across state lines and international borders. Many times with MediBid, you will find procedures that are more effective than procedures allowed, or covered by health plans. Transparency and competition are the only way to achieve reasonable costs. Many of our employer clients offering group health insurance through MediBid save $5,000 per employee per year. Those are substantial savings. Patients are saving an average of 48% vs. insurance discounted rates, or 80% vs. retail. Contact us for more information.
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