MI State Representative Greg MacMaster posted the following on his facebook wall, and I think it deserves a response. First of all, nobody argues that Obamacare is a good law, and in fact, the resources Greg uses are HHS regulatory documents because, if you’ll recall from when we first started to learn about the law, is the ongoing, language within the bill.
Meaning, that the law is intentionally open-ended.
So, as citizens of this nation and state, we Michiganders are set up to accept any and all regulation as law, with no way to fight it? That may be, but if Republican legislators would inform the people on the absolute unconstitutionality of the law, and its legislation via regulation, we would be on better footing to increase the discontent of the people against the Democrat party.
Instead, those of us who know what this law means for America’s citizens, need to fight its implementation by Republicans. As Greg points out here, the federal power to implement an exchange is worse than if the States did it, but not if you consider that as time goes on, more and more people will be up in arms with its mandates. Mandates that, by the way, continue to be written. What we are looking for, amongst other things, is a clean-handed approach so we can then point out that it’s the Democrat party that is forcing us to do what is morally reprehensible, both in terms of our individual rights as well as the economic malfeasance of the law itself.
HealthCare – The Last Word.
There’s a ton of reading here but I would hope that those who have posted vile comments about my vote will truly understand what’s at play and how this monster has already made it in to Michigan with the Medical Device Tax implemented last year. Did you see the words (Last Year)? This is before any vote ever took place at the state level.
If you are looking to defund it, here’s a true account of how it will be funded. It’s not pretty and our President did a fine job using the Constitution against us.
• The ACA authorized funding for HHS to implement the law — HHS has a $1 billion implementation fund. It also allowed user fees to be assessed on insurance carriers that offer Qualified Health Plans in the exchange in order to fund an exchange’s operations.
o ACA Sections 1311 (user fees — Pages 74 & 75 ) and 1005 (Implementation Funding – Page 931): http://housedocs.house.gov/energycommerce/ppacacon.pdf• HHS recently provided an update on the progress of the federal exchange where it stated that HHS has “…completed the technical design, and reference architecture for this work, is establishing a cross-agency security framework as well as the protocols for connectivity, and has begun testing the (Federal Data Services) hub.”
o http://cciio.cms.gov/resources/factsheets/ffe.html• HHS has also now released a timeline showing the schedule of the federal exchange implementation.
o http://cciio.cms.gov/resources/files/marketplace-timeline.pdf• HHS has also announced that it is going to charge health insurance carriers that are offering health coverage through the exchange a user fee of 3.5% of the monthly premium charged by the issuer. This fee will go up if the federally controlled plan takes effect. This will begin this year (i.e. Plan Year 2014) for states, who will be utilizing the federal infrastructure and it is intended to cover the services that the exchange offers, including its consumer outreach and education, consumer assistance tools, eligibility determinations, and enrollment functions. By the way, Michigan can get rid of the exchange user fee by migrating to the State Exchange. Which means a lower premium.
o Page 25: http://cciio.cms.gov/resources/files/proposed-hhs-payment-notice-11-30-2012.pdf
o A link to the final federal rule, including the HHS legal rationale and their responses to public comments (page 304): https://s3.amazonaws.com/public-inspection.federalregister.gov/2013-04902.pdf
Even for states who are in defiance of Obamacare and are refusing to do nothing, the fees assessed will be higher (on top of the fines families have to pay as well as businesses too).
Other states are making a political statement in terms of keeping it out of their state as they are afraid to lose the vote. It’s tough to stand-up and face reality and be honest in conveying that to the constituents without retribution, believe me…I know.
Unless a compact can be arranged with a multitude of states ,which will take much more time than the few months left before the federally controlled plan takes over (jan 1st, 2014) and the President must approve it, the best course is to allow safeguards through multiple statutes to protect Michigan until a more suitable, sustainable model can be achieved. Too many are fighting it and not many are looking for ways to change it on the fly. All of us could vote ‘No’ and it will not change the outcome – we will have a Healthcare system. Voting for federally controlled verses Partnership remains to be seen.
By your emails, calls and facebook posts, all those who are forcing the feds to take it over (and you know who you are), are standing shoulder to shoulder to Obama in giving him what he wants. Obama’s is by choice and yours is by default. The exact same consequences will be felt. I refuse to stand next to Obama and will fight to take away any control possible, even if it is a little. It’s far better than doing nothing.
So it is with a heavy heart that I must tell Representative MacMaster that his assertion that, “all those who are forcing the feds to take it over (and you know who you are), are standing shoulder to shoulder to Obama in giving him what he wants,” is completely arrogant and profanely accusatory.
Every light pink state on this map is forcing the feds to do what many believe the feds cannot do. Twenty-six of them. It is the people who need to understand what the law entails, but we cannot educate them on that if we just go ahead and be good little boys and girls and take what is given to us.
There is no way that we who support freedom are standing shoulder to shoulder with Obama, but when election time comes, the case could be made, that both parties have a hand in it’s implementation. As I have said repeatedly, it is nearly impossible to argue for Republican dominance if they cannot or will not make what should be a federal case about the monumental overreach of the Democrat party.
Photos via Heritage.
Under both Attorney General’s Cox and Schuette, Michigan was one of the states who joined Flordia in a lawsuit against the law. It also is completely run by Republicans, politically, and the governor has decided to take the money to expand Medicaid, which still needs the approval of the Republican dominated legislature. But it is up to the people, not the Governor, to decide if they take the funny money now, and expand a terrible program, and head the state towards bankruptcy in the future. Florida’s Senate recently rejected its Governor’s decision to expand Medicaid, that expresses the view of many of those of us who are seeking the Michigan legislature’s rejection.
“The Senate Select Committee made the right decision today to reject placing a million more Floridians in a federal Medicaid system that has failed providers, patients and taxpayers.
“I appreciate the efforts of Senator Negron and members of the PPACA Select Committee as they seek a Florida solution, not a Washington solution, to the problem of low income, uninsured Floridians, the vast majority of whom have jobs and are working to support their families.
“The Senate looks forward to working with our colleagues in the House of Representatives to jointly explore how to provide private insurance options, not government-run health care as a replacement for traditional Medicaid. We welcome the Governor and others concerned about this issue to join us in getting Florida out of Medicaid as it has existed in the past.”
The longer this law’s implementation is dragged out, the more people will be able to see how it is going to affect them, and also, the more it will be difficult for the federal government to implement.
It is clear that the money given by the federal government, which, by the way, is completely broke, is too much of a temptation for temporary politicians to reject. But as in other states, who, by the way already have a sort of compact to allow the feds to take over under the idea that they will not be able to do so, creating more discontent against the Democrat party, Michigan can become a bit of a feet-dragger, laying its hesitation on the backs of the Democrats. A tactical move, if treated properly, will create discontent with the Democrat party’s continuing wish to, as Dingell said, “control the people,” leaving them a good reason to vote for Republicans, repeal the law, and enact free market solutions.
The only way anyone out there could see what is possible from a free nation, is if this law is rejected at every turn.
