If you had to peg the two biggest sponsors of Obamacare, it would be the American Medical Association and the Insurance Industry. Now they are combining to shred the Constitution again. Unfortunately some of the Republicans are going along with what can only be called a reward for Obamacare. They are now tying the repeal of one of the worst parts of Obamacare to a hideously unconstitutional law.
What is it?
H.R. 5 is a really bad bill that imposes national caps on medical malpractice tort claims.
Now, some groups in Washington are attaching H.R. 5 to the repeal of what is known as the IPAB or Independent Payment Advisory Board. IPAB is sometimes called a death panel. It is a creation of Obamacare that will gut the rates Medicare reimburses Doctors.
IPAB is as unconstitutional as Obamacare, as it creates a panel that controls the expenditure of money without either Judicial or Congressional oversight.
Repealing IPAB is a good idea. No, repealing IPAB is a great idea. Congressman Phil Roe of Tennessee had over twenty Democrats agreeing to the bill that would repeal IPAB.
Now, some of the powers that be in Washington want to reward the American Medical Association and the big Insurance Companies by putting tort reform into the bill that kills the IPAB.
First, this will have the effect of killing the IPAB repeal bill. It will be a Republican only venture, which means in will die in the Senate. More importantly, this type of federal tort reform is totally unconstitutional. It is as unconstitutional as Obamacare.
H.R. 5 proposes to put caps on $250,000 on non-economic damages and regulates the fees attorneys can charge.
Tort law is the exclusive province of the state. Even in federal courts, if you sue and can trigger Federal Jurisdiction, the law that still governs the case is state law. It has been this way since 1789. Further laws governing attorneys and their fees are exclusively in the province of the state, not the federal government.
If the federal government can reach into the states and impose the kind of restrictions H.R. 5 imposes on state laws, then there is no purpose in having states. If the federal government can do this, the 10th Amendment no longer exists.
The House has just released the amendment process for this bill, called Help Efficient, Accessible, low-cost Timely Healthcare (HEALTH). Representatives are only given until next Monday to submit amendments. The problem is that the House is in recess until the afternoon of the 19th. Many Congressmen are either in their districts or on fact-finding trips.
In short, someone wants to make sure there are no amendments to this really bad bill.
Why some in the House leadership are obsessed with rewarding the very groups that gave us Obamacare is beyond me.
Some conservatives complain opposing unconstitutional tort reform rewards the trial lawyers. The trial lawyers may benefit from stopping unconstitutional tort reform, but we fight to protect the Constitution. In this case, the trial lawyers are with us supporting the 10th Amendment.
Our founding fathers thought so much of the right to a jury trial that the 7th Amendment to the Constitution was the only one that passed unanimously.
Call your Congressman today. Tell them that you want the IPAB repealed but you want that repeal to be a clean bill. Tell them not to tie H.R. 5 or tort reform into the IPAB repeal.
We can kill a huge part of Obamacare. That is, if no one will screw it up!
The reason this keeps happening is that both Senators and Representatives do not know the Constitution! I'll bet my bottom dollar that most of them if pressed could not tell you what the 7th or 10th Amendment is! This is the main problem . . . we keep electing idiots to Congress! Oh sure they probably have umpteen law degrees, but they have no common sense or know the Constitution, which upon being elected into this body of the Government, they swear to uphold the Constitution! Thus, the dire warnings of Constitutionalist saying that our country will be destroyed from the inside. It is happening as we speak!
did you guys know that a dentist cannot save your teeth with high tech prochures without being prosecuted? It is not cost friendly for the DR. to help you with Bonzo care? Where is the liberal media on this disester. They want to literaly pull your teeth out. How about dentures for eveyone....GUMM IT. I know from a Beverly Hills dentist for we visited and told us on Monday. He is very unhappy and was a formal liberal. GOD BLESS OUR SUPREME COURT IN JUNE thumps up for us Americans.
But, we give the illegals free health care.
Can't argue that.
We the people are a minority in America today. We have allowed our elected fools to do as they wanted for too many years. We only have a one party system. The democrats and liberals have taken away our country folks. Republican party is a joke. We only have a handful of tea party members fighting our battles,and they can't do it alone. We are fighting a war we can't win unless we will stand in numbers and put our lives on line. Our forefathers did for so we could be free,will we do same for the generations coming up? Talk and money help but we need bodies in numbers.If Obama can't get the votes in november he will create riots and imposed martial law and become King of UNITED STATES OF ISLAM. Are we ready for that change and willing to accept? I am not and will not.
THE AMA & THE INSURANCE INDUSTRY WERE THE "PROUD SPONSORS" OF MEDICARE & MEDICAID AND THE DAMN MESS OF "MEDICAL CARE" THAT WE NOW HAVE.
THEY HAVE IT "THEIR " WAY !
WE are in no way THROUGH TALKING ABOUT OUR "MEDICAL CARE IN THE USA"...EVEN AFTER WE "DEFEAT OBAMACARE" !
no keep the gov out of our lives period, we will just do fine.
The Only way to change these Moron's way of thinking is with a.... "Third Party in 2016"...because, they don't care about "WE the People"...at all !!!! Period !!
You could be right..I myself think ..Pappa Paul has been setting up Sonny Paul..
with Romney for the VP nod..thats my take. But no matter who it is ..
All Hell does need to break out in Washington DC anyway..!!!!!
So we only need One Huge Vacum Cleaner, to suck up all the s*** when it hits the fan......your saying..Billy!
Most of the "preferential treatment" in medicine has been to interfere with the relationship between the customer and the provider in order to facilitate the government having more control of the industry, and we can all see where that has led.
Doctors are in many ways not able to provide the care they know to be the most efficient, thanks to many government and insurance regulations and red tape. They are also restricted to a large degree in owning some types of medically-related businesses because a politician named Stark assumes that all doctors are criminals. This is the rationale the politicians use for "helping" the patient deal with the allegedly untrustworthy doctors. Patients are not allowed to see whomever they wish for a mulititude of reasons. All of these things have destroyed the relationship that used to exist where the patient knew the doctor and vice versa, and this new level of antagonism has resulted in dramatically increased costs and lawsuits.
For the last few decades, physician incomes have been falling, so there is less and less incentive to be one or to be a good one. What other line of work in a free country is so heavily given "preferential treatment?" None. The interference has created so many problems, that now the only option is to try to add new laws to counteract the previous crummy ones. And the circular pattern goes on and on. Liberals never understand logic and reason.
Well, next week is going to be a big week for every American.
The Supreme Court of the US is going to start (& end) arguments about OBAMAcare.
The LEFT have already sent out memos about what they want their cronies to do.
They want the AIR waves pounded by their message; take a look at what they are doing.
We need to be in GREAT prayer about this; as this is one of the major issues with our country right now.