Pages

Wednesday, August 2, 2017

Supremes Enter Healthcare Tug-Of-War

Originally Published March 22, 2012; Last Updated August 15, 2017; Last Republished August 02, 2017:


For reasons that are not immediately apparent our Supreme Court has elected to enter the politically charged healthcare tug-of-war—perhaps as referee for divergent lower court decisions?


It's difficult to imagine a more compelling federal purpose than Congress providing for the welfare of all our citizens by ensuring they are afforded systematic, effective, and competent healthcare.

Amazingly, providing healthcare for all our citizens has proved contentious—less than when Congress established our First Bank of the United States, which promptly assumed the Revolutionary War debts owed by the individual states1.

Res:

UPDATED 03/23/2017 CDC, National Center for Health Statistics and OECD, Health Statistics 2016 
UPDATED  03/22/2017 NAM, NAM Releases Publication on How to Improve Nation's Health System; Looks Beyond Current Policy Debate to a Vision for the Future of American Health and Health Care and UCTV, Changing the Culture: How Do We Come Together as a Health System? and NAM, 2016 Annual Meeting Vital Directions Panel (Victor Dzau and Mark McClellan) (Hint: Our Judiciary will be of little or no help and in some cases a hindrance!)

 

UPDATED 03/10/2017 CBO, How Repealing Portions of the Affordable Care Act Would Affect Health Insurance Coverage and Premiums and CBO, The Budget and Economic Outlook: 2017 to 2027
UPDATED 06/25/2015 SC King et al. v. Burwell, Secretary of Health and Human Services, et al. (pdf, slip opinion)
SC, Department of Health and Human Services, et al., Petitioners v. Florida, et al.

Web:

UPDATED 08/14/2017 Reuters, End of U.S. payments to health insurers would cause premiums to rise: CBO
UPDATED 08/02/2017 Vox, Medicaid, Explained: Why It's Worse To Be Sick In Some States Than Others


Our nation is on an inexorable path to national healthcare. But, every year we see the contortions of our leaders, which enable the insurance and healthcare sectors to squeeze our citizenry for just a little more money for lesser health outcomes, on average.

Shamefully, some of our states' leaders have complained (some might say confessed) that they're unable to give healthcare to their residents, substituting slogans about "freedom to choose" instead of delivering comprehensive healthcare!

This year's contortions include outrageous threats and active sabotage by our "new" alt-white-house to effectively deny comprehensive healthcare to millions of our citizenry!

UPDATED 07/30/2017 Reuters, Trump Threatens To End Insurance Payments If No Healthcare Bill

...more rectum-ramblings from our "new" alt-white-house...

It's unclear how using subterfuge to sabotage Obamacare or gutting Medicaid will help our citizenry get or keep comprehensive healthcare?

UPDATED 07/28/2017 NYT, Health Care Debate: Obamacare Repeal Fails as McCain Casts Decisive No Vote

Good Idea From Senators McCain and Schumer -- Return to "Regular Order"

UPDATED 07/27/2017 AP, GOP Seeks Support for Narrow Version of Obamacare Repeal and C-SPAN, Healthcare Vote-a-rama (about eight hours remaining on faux healthcare debate) and NYT, ‘Skinny’ Cynicism on Health Care and NYT, The Senate’s ‘Lowest Common Denominator’ Health Debate and WP, Which Health-care Plans The Senate Is Voting On (and who to watch) and NewYorker, The Senate Health-Care Vote Is a Travesty and C-SPAN, Vote To Proceed @ 2:15PM EST

Inexplicably Senator McCain pleads with colleagues to return to "regular order" before voting yeah (aye) to go ahead with debate on deconstructing the precarious patchwork legislation enabling millions of our citizens to receive comprehensive healthcare, many for the first time.

Senator McCain predicts the Republican Party's healthcare deconstruction effort will and should fail. The Republican Party's harmful and hurtful credo imagines our government must refrain from subsidizing a nonexistent "free healthcare market" when that market fails to profitably offer comprehensive healthcare to millions of our citizens! The kind of healthcare enjoyed by Senator McCain and his colleagues.

Senator McCain could have shortened his eloquent plea by simply saying his Republican Party knows no shame!


Last gasps for life are difficult to watch particularly if they result from lack of comprehensive healthcare!

UPDATED 07/21/2017  CBO, H.R. 1628, the Better Care Reconciliation Act of 2017: An Amendment in the Nature of a Substitute and NYT, John McCain Has Brain Cancer, Senator’s Office Says and NYT, Glioblastoma, John McCain’s Form of Brain Cancer, Carries Troubling Prognosis and DanaFarber, The Progress of Cancer Immunotherapy: The Tip of the Iceberg and Reuters, Latest Senate Healthcare Bill Would Leave 22 Millio[n] Without Insurance: CBO

Senator McCain does not need "prayers" he needs comprehensive healthcare and access to skilled cancer specialists, which he has courtesy of our citizenry. Reprehensively†, our senate is now working hard to deny millions of that citizenry comprehensive healthcare and access to medical specialists!



It's important to realize that promising progress understanding cellular molecular pathways and signaling is not a cancer cure.


† It is beyond reprehensible for the Republican Party leaders to deny ANY of our citizenry comprehensive and affordable healthcare while they access excellent healthcare, paid for and supported by our citizenry!


UPDATED 07/19/2017 NYT, ‘Plan C’ on Obamacare, Repeal Now and Replace Later, Has Collapsed and NewHour, Senate Democratic Leaders Discuss Healthcare and Vox, Obamacare Repeal Is Flailing Because Obamacare Is Working


....don't forget to laugh...



UPDATED 07/18/2017 NewYorkerSatire (Andy Borowitz), Mitch McConnell Hospitalized with Low White-Vote Count

If the Republican Party ever "returns" it should bring bipartisan healthcare legislation, which provides comprehensive and affordable healthcare for ALL our citizens. It is not easy to masquerade an extreme credo of neo-laissez-faire economics and neo-federalism dogma as healthcare.



It's easy for the Republican Party to repeatedly (>50Xs) cast stupid votes to repeal Obamacare when they have a responsible president willing to veto their stupidity. Not so much with an uninformed president or as the Kremlin might say a sycophant stooge.


UPDATED 07/16/2017 ABC,  HHS Secretary Price: Health care system is 'crying out for reform and revision' and Hill, Poll: Americans See Healthcare As Most Important Issue

Our "new" alt-white-house and Republican Party intend to keep prescribing a harmful elixir of neo-laissez-faire economic and neo-federalism dogma in lieu of affordable and comprehensive healthcare? Ironically, their convoluted credo is about not providing all our citizenry with affordable and comprehensive healthcare.  It's nothing personal just the price of prescribing neo-laissez-faire economics and neo-federalism dogma, which their credo jingoistically explains as "freedom"!


No Secretary Price it does not depend on how you ask, it depends on whether all our citizens will have affordable comprehensive healthcare? Our citizenry does not want repeal of their healthcare coverage or Sunday morning sermons on Obamacare's problems—they want affordable comprehensive healthcare for themselves, their families, and all our citizenry.

We all wish Senator McCain a speedy and compete recovery from his craniotomy to remove a blood clot, including benign tissue pathology. Senator McCain's surgery by doctors affiliated with the élite Mayo Clinic @ Phoenix is a poignant reminder that all of our citizenry must have equal comprehensive and affordable healthcare?

UPDATED 07/14/2017 Reveal, Trump Administration Suddenly Pulls Plug On Teen Pregnancy Programs

There is little more offensive or harmful than the denial of healthcare based on irrelevant, arbitrary, and unscientific religious dogma.


...but don't forget to laugh...


UPDATED 07/14/2017 AARP, Cruz Amendment Makes Bad Health Care Bill Worse


UPDATED 07/08/2017 NYT, Why a Single-Payer Health Care Saves Money Oh, but the nonsense our nation will go through getting to a single payer will make Sisyphus's rock rolling seem enjoyable!




UPDATED 07/03/2017 WP, Is the GOP Considering Repealing the ACA Now and Replacing It Later?


Prescribing an elixir of laissez-faire economic and neo-federalism dogma in lieu of affordable and comprehensive healthcare for all our citizenry and their families will make them sicker.

UPDATED 07/01/2017 NYT, Understanding Republican Cruelty
UPDATED 06/30/2017 Reuters, Trump to Senate Republicans: kill Obamacare now, replace later

Maybe the billionaires' threat to our congressional representatives that there will be "no cash until action on healthcare" means that without gutting healthcare for our poor (Medicaid) there is no cash for the billionaires' tax break!?


Unsurprisingly, our "new" alt-white-house tells congress to gut healthcare now and replace it later so they can get on with legislation giving the billionaires a tax break. Where is the promise of affordable healthcare for all our citizens without gaps? It turns our that the Better Care [for Billionaires] Reconciliation Act of 2017 is even meaner and draconian for our poor's healthcare than the CBO's initial scoring. The updated CBO scoring estimates a greater gap between government payment caps and healthcare costs in the out years. Our Senate should rename their draconian healthcare legislation the Reconciliation Act of 2017 for Better Care of Billionaires!


UPDATED 06/27/2017 NYT, Donors to GOP: No Cash Until Action on Health Care, Taxes

What a beautiful bare knuckle brawl between our prostitutes and their whoremasters. A standoff over whether to deliver the f^cking before the cash or the cash before the f^cking?

Maybe our Supreme Court will take the case and abandon its "free speech" cover story for the whoremasters' cash?


UPDATE: The prostitutes and their whoremasters have delayed voting on their tax plan masquerading as healthcare for our citizens! They keep telling our citizens they need "rescuing" from Obamacare and its minimal government mandated healthcare plans and throwing them a lead life ring. But, if Obamacare and its government mandated minimal healthcare plans are better why do they need "rescuing"? Or worse why would our citizens grab a lead life ring, which the prostitutes and their whoremasters are throwing them, calling it a rescue?

Throwing somebody a lead life ring to rescue them from the problem you have created and are exacerbating while telling them you're rescuing them is beyond nefarious!

UPDATED 06/26/2017 CBO, H.R. 1628, Better Care Reconciliation Act of 2017 and Vox, The CBO chart that shows the Senate health care bill is really about tax cuts and Hill, Five takeaways from the CBO score on Senate ObamaCare bill and NYT, The C.B.O. Did the Math. These Are the Key Takeaways From the Senate Health Care Bill

...don't forget to laugh...


...they may have to readjust the dosage of our "new" alt-white-house's medication...

UPDATED 06/25/2017 LAT, Koch brothers' Political Network Says Senate GOP Healthcare Bill Is Insufficiently Conservative

A "cult leader" couldn't sell the senate healthcare strategy to end comprehensive affordable healthcare for All Americans, especially our poor to give the Koch brothers et al. a bigger tax break...

UPDATED 06/22/2017 WP, Senate GOP Leaders Unveil Health-care Bill and NYT, Senate Health Care Bill Includes Deep Cuts to Medicaid (includes link to "working draft" trumpcare bill)

The Senate "working-draft" healthcare bill is the House healthcare bill with a more sinister spinmeister telling Americans they'll soon be free...by gutting Obamacare!

A "cult leader" couldn't make sense of the majority leader's spin...freedom to have no healthcare, freedom to have higher healthcare costs, freedom to receive limited healthcare based on religious criteria if you're female, freedom to pay higher premiums for preëxisting conditions, freedom to pay higher premium if your a senior, freedom to file bankruptcy when you're unable to pay medical bills...whatever else the senate majority leader's "working-draft" healthcare bill does it does not "free" Americans or America or provide comprehensive affordable healthcare for All Americans!


No wonder the senate majority leader wants to legislate Trumpcare in secrecy, without debate and FAST!


Unbelievably the Republican Senate plan to fix healthcare is to tells Americans that Obamacare is bad and we're going to make it much worse while charging you more, but you'll have freedom! Yeah, freedom to prematurely die because you do not have healthcare or cannot afford it! If that's American freedom, please keep your freedom and provide affordable, comprehensive healthcare for ALL Americans...FAST!

It's a toss-up which is more despicable the House and Senate healthcare proposals or the fact that they'd seriously offer them as healthcare for our citizenry?


..but don't forget to laugh...



UPDATED 06/19/2017 WP, Has Senate Majority Leader Mitch McConnell changed his mind on how to pass health care reform?


It's difficult to find a politician that is not a blatant (i.e. in-your-face) liar. Guess their going to try to stick around until their credibility is approaching zero?


UPDATED 06/02/2017 Economist, Gimme Shelter, The Super-rich Are Different: They Pay Less Tax

...a lot less! These are the taxpayers, which our "new" alt-white-house's budget proposes to help at the price of healthcare coverage for an estimated 23 million of our citizens; higher premiums for insuring citizens with preëxisting conditions; and higher premiums for aging seniors...


...and these are the taxpayers, which our "new" alt-white-house OMB Director Mulvaney asserts are not getting compassion...you cannot make this stuff up!

UPDATED 05/10/2017 Guardian, Journalist Arrested for Asking Trump Cabinet Member [Tom Price] About Healthcare Bill

If our "new" alt-white-house begins abusively arresting our journalists, which shout questions about their disastrous healthcare hocus-pocus arrests are likely to skyrocket!

UPDATED 05/09/2017 WP, U.S. Life Expectancy Varies by More Than 20 Years from County to County and Vox, What you need to know about the House vote to repeal Obamacare and TheHill, Sunday Shows Preview: Republicans Tout Healthcare Vote and OECD Indicators Health at a Glance 2015


Which part of the healthcare bill are you proud of Speaker Paul Ryan, the part denying millions of Americans coverage or the part placing Americans in high risk (premium) pools or reductions of Medicad, or devolution to local government to further increase a differential life expectancy of 20 years or the "best healthcare system in the world", which delivers a lower life-expectancy at a higher cost  (also OECD, Health Indicators at a Glance 2015) or treating womens' healthcare as optional or ?




Telling America that Obamacare is bad does not make the most recently proposed Trumpcare better! Speaker Ryan is beginning to sound like Kellyanne Conway and Sean Spicer. The estimated 23 million citizens, which would lose healthcare under the GOP healthcare proposal might disagree that they are getting "better policy"? Stated differently, a proposal that eliminates healthcare coverage for 23 million of our citizens IS NOT BETTER POLICY!


Secretary Tom Price, we don't want to imagine a healthcare system, we want real affordable, healthcare for ALL our citizenry, which is equal to or better than the healthcare plans given to Congress.


Also, we do not want a Secretary of Human Health and Services that preaches laissez-faire dogma in lieu of ensuring ALL our citizenry have affordable healthcare plans equal to or better than those given to Congress. Hocus–pocus is not a healthcare plan!


...and don't forget to laugh...


UPDATED 05/05/2017 AARP, House Approves Bill Slashing Health Coverage and NYT, How Every Member Voted on the House Health Care Bill and Atlantic, The GOP Health-Care Bill Is the Ultimate Reverse Robin Hood

Our "new alt-white-house and lower house, including all California Republicans flatline healthcare for much of our citizenry, calling it a "great plan"...for who?!


Shame on California's lower house members who voted in opposition to ensuring all their constituents have healthcare equal to or better than what our nation give to them!

UPDATED 03/24/2017 NYT, Trump Blames Democrats as Major Push to Repeal Health Law Fails



American exceptionalism...eliminating healthcare for a significant portion of our citizenry and charging seniors more does not seem like optimal policy...and cheaper, better, healthcare coverage for all our citizens is nowhere in sight...now that's "making America great again"!?





House Republicans on Trumpcare (03/12/2017): All our citizens will have access to Trumpcare, which they cannot afford but that's the price of freedom and conservative laissez-faire dogma!


CBO and JCT on Trumpcare (scoring 03/13/2017): "...CBO and JCT estimate that, in 2018, 14 million more people would be uninsured under the legislation than under current law...average premiums for single policyholders in the nongroup market would be 15 percent to 20 percent higher than under current law...Under the legislation, some people [poor and elderly!] would be eligible for smaller subsidies than those under current law, and others would be eligible for larger ones [bet you can't guess who?]...In 2019, the number of uninsured would grow to 16 million people because of further reductions in Medicaid and nongroup coverage..." (read entire CBO scoring report here or if you're a fans of our "new" alt-white-house CBO's fake scoring report)!!!


Sometimes congressional proposals are so absurd you just have to laugh! It's unclear why congress would define "freedom" as a significant number of our citizenry (14 M in 2018!) forgoing adequate healthcare? Or propose illusory healthcare for many of our citizens based on harmful economic dogma?

Former Speaker Pelosi on Trumpcare (03/14/2017): [AP, Democrats Respond to CBO Report on Healthcare]

"Heath Is Not Valued Till Sickness Comes",
--Thomas Fuller MD-- GNOMOLOGIA @ page 103 #2478, Circa 1732


It's unclear how this legislation will improve healthcare beyond the existing Obamacare? Reducing or eliminating healthcare for significant numbers of our citizenry in pursuit of illusory laissez-faire economic dogma is not a useful or necessary legislative goal.  Particularly, if it requires the poor to pay more of the nation's healthcare bill!



A "placeholder" in healthcare legislation is not a better and cheaper Obamacare (aka communist takeover of America) for all our citizens without gaps in coverage. Show us the numbers, healthcare policy provisions, coverage, and assumptions!

Our "new" alt-white-house thinks "...nobody knew that healthcare could be so complicated...". It's debatable whether our "new" alt-white-house's statement is more hilarious or frightening?

President Obama knows how complicated providing healthcare to all our citizenry is and he cobbled together a first plan while continuously being called a socialist and communist. Our "new" alt-white-house doesn't know how complicated providing healthcare to all our citizenry is and must ad hoc a cheaper and better plan while being investigated for coördination and coöperation with the socialists and communists!

Is there no end to irony's beauty?!


The House Republican's healthcare ad nauseam mantra of "repeal and replace" has morphed to a "repeal and redirect" mantra, which would redirect the healthcare benefits of our Affordable Care Act from our poor to our rich! Who could have predicted that!?

How is this first presidential action (ExecOrder) of our "new" alt-white-house going to provide cheaper, better healthcare, without gaps in coverage for all Americans?


Repealing healthcare for our citizenry is at cross-purpose with America's long-term economic growth expectations. These expectations are most easily understood with reference to economic productivity or real gross domestic product (GDP) per hour worked. Absent automation and robots healthy citizens of all color and creed, including immigrants will generate that GDP—the healthier, happier, longer living and productive our citizenry the better!

It's likely that providing healthcare to all our citizenry will add more to our long-term real GDP growth than any other single public-private action and perhaps all public-private actions combined (a close second will likely be mitigating the many negative impacts of the unprecedented magnitudes of our inequality metric measures4)?

Pence would do well to adopt to the objectives of his running mate with respect to healthcare for all our citizenry, "...we're not going to have a two-day period...where there's nothing...it'll be great healthcare for much less money..." and former House Speaker Nancy Pelosi:


President Obama, your being very generous with your "Republican-friends'" cruelly cynical repeal-delay-replace political tactical strategy. Your "Republican-friends" are likely intending to rerun their opposition to Obamacare, which has worked for them so well to date, during the 2018 congressional elections

One might think your cruelly cynical "Republican-friends" hope to keep the House and gain a filibuster-proof Senate in 2018 so they can simply repeal healthcare (i.e. ignore their delayed promise to replace), without political penalty.

Wonder why our citizenry hold our politicians in such low regard or complete disregard, disdain, and disgust? If our citizenry had to associate with your "Republican-friends" they'd embrace their enemies—oh!, wait they just embraced one...he's now their president-elect!



Mostly reviews the case(s) reversing the religious wackos from Texas attempts to impede a women's control of their own bodies and healthcare.



The opinion is likely to be read as contributing more to the categories of fear, uncertainty and distraction than common sense construction aimed at preserving the historic purpose of our Affordable Care Act (i.e. provide every American citizen with affordable and comprehensive healthcare).


Wow, that didn't take long for our Supreme Court to generate more zaniness—not even a Court opinion.

Just a stay of a lower court decision while the Supremes figure out whether yet another religious organization person can assert that their God forbids them from submitting a government form stating that their God forbids them from providing female employees with reproductive healthcare!

Hey, on the positive side our religious organizations persons aren't dragging women to a public square for shamming, dunking, flogging or killing—how's that for speedily enlightened national progress?

Happy 238th birthday America!


More legal mischief created by the "corporation as person" fallacy3, which glides through the bizarre and sublime in to the zany.

It's unclear what impact the amazingly narrowly tailored opinion will have on providing equal healthcare to our women. Health and Human Services (HHS) and our President should accept the Court's invitation to use alternative methods to ensure all our women have unimpeded access to complete reproductive healthcare independent of any entities' public or private religious beliefs.

The Court's stated objective of judging a religious practitioner's sincerity independent of whether their religious beliefs are reasonable or mistaken will no doubt guarantee more zaniness in future court opinions.


U.S. Supreme Court rightly stretches to save the Patient Protection and Affordable Care Act—its detractors discuss their next destructive move.

More after studying this historic, necessary and fascinating decision—its most significant implications and impacts may have nothing to to with healthcare!





UPDATED 03/27/2012 ProPublica, What’s at Stake in the Supreme Court’s Health Care Decisions Provides a handy yes-no decision flowchart for the question presented.

Understandably, some of our "laissez faire" justices seemed to conflate market entry with market function and were puzzled that our government has the ability to compel entry into the healthcare market.

If you are equally puzzled query whether our government has, can and would compel individuals to enter the healthcare system (market) if they were: radioactive; carrier of Ebola or other Class IV pathogen; or even a non Class IV pathogen like tuberculosis? (Justice Breyer pursued this line of questioning)

Now assume our explosive field of biochemistry serendipitously discovers that broccoli can treat any or all of the above illnesses. Then our government can and would compel individuals to enter the food market, too—even the most religious or broccoli phobic of our sitting Supreme Court justices!

Compelling second session question from Justice Kagan @ ~1:10:00 on hearing distinction between insurance and healthcare markets:
"...Doesen't that seem a little bit, Mr. Clement, cutting the baloney thin..."?
On market function it seems useful to note that it's very difficult or impossible for individual states to establish separate healthcare markets that operate efficiently—they would need to impermissibly restrict interstate travel or face market collapse as the uninsured seeking healthcare flowed into the state.

A "laissez faire" proponent will tend to slice the baloney nanoscale thin before acknowledging the obvious, that real world markets can and do regularly fail. Often citing prior market interventions as the reason for current market failure—you need look no further than the recent catastrophic collapse of the mortgage market—the failure was caused by to those seeking to provide affordable housing, according to our laissez faire proponents.

If our states cannot individually construct and operate efficient markets then you simultaneously implicate the commerce clause and delimit the "broccoli conjecture"2 articulated and repeated by some of the justices.

UPDATED 03/25/2012 Thomson Reuters,  The Supreme Court tackles health care reform: What's at stake for U.S. businesses Summary by Skadden, Arps, Slate, Meagher & Flom



-----notes-----

1. Had Florida et al. been states in 1790-91 they no doubt would have filed a federal complaint arguing that our Constitution prohibited the nascent central bank from assuming any Revolutionary War debt!

2. The "broccoli conjecture" guesses that if our federal government requires Americans to form a single risk pool for the purpose of diversify healthcare risks then our Supreme Court is unable to delimit a federal government requirement that Americans purchase broccoli.

Unfortunately, we have learned to accept this type of conjecture from our Sunday school teachers—must we also learn to accept it from our Supreme Court justices?

UPDATED 06/14/2012 An interesting article tracing origins of the "broccoli conjecture"—no thinking necessary.

3. A corporate container is typically utilized to insulate its beneficiaries, apparently exempting a beneficiary's religious requirements or beliefs.

 The Court does not explain how a corporate container transmogrifies a beneficiary's religious beliefs—perhaps just another fiction fallacy more typically found in Bible stories than legal opinions?

4. An added benefit of providing healthcare to all our citizenry is a reduction of our unprecedented economic inequality.

No comments:

Post a Comment