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It's Still Bad Medicine
Posted by Randy | November 05, 2009

My colleague and fellow Virginian Rep. Eric Cantor emailed me Friday with a list of 10 things every person should know about the new healthcare bill that was unveiled last week. At 1,990 pages, the bill was written behind closed doors by a handful of people and the proposals in the bill never debated – the result is these concerning provisions:  

1. It Still Raises Taxes on Small Businesses
Surtax
Individuals, including small business owners (who pay their business taxes at the individual level) making $500,000 ($1 million joint) will be hit with a 5.4% surtax. 

Employer mandate still applies to small businesses
Small employers with a payroll as low as $500,000 will be hit with a tax.
(0 percent (<$500,000), 2 percent ($500,000-$585,000), 4 percent ($585,000-$670,000), and 6 percent ($670,000-$750,000)).

2. New Medical Device Tax
The bill includes a new 2.5% excise tax on the sale of a medical device in the United States.  Some have taken to calling this the wheelchair tax as it will cover everything from bandages to prosthetics. 

3. New Taxes on Health Savings Accounts
The bill eliminates the nontaxable reimbursements of over-the-counter medication from HSAs, HRAs, and FSAs. 

4. New Payroll Tax
The bill creates a new “voluntary” payroll tax to fund new long-term care program—requiring mandatory spending—aka a new entitlement.     

5. Abortions Are Authorized
In a break from the Hyde Amendment and other long-standing pro-life policies, the bill includes the Capps Amendment to authorize government funding of abortions through the public option.  It also establishes an accounting gimmick to justify subsidizing private plans that cover abortion. 

6. Members of Congress are Exempt from “Public Option”
The bill doesn’t require Members of Congress to enroll in the new government-run plan.   Instead the language says the Members “may” enroll in the public option.  In contrast the bill uses the word “shall” 3,425 times. 

7. Doctors’ Reimbursement Levels Are Up in the Air / Budget Gimmicks
The new government-run plan will reimburse providers based on rates set by the government.  “Negotiated rates” could start at Medicare and future rates could be set at levels below Medicare reimbursements.  The Secretary of Health and Human Services could coerce doctors to participate in the program by tying participation to other government run health programs, like Medicare.     

Removes the Medicare Doc Fix.  The Pelosi bill does not include doc fix--instead it has been introduced as a standalone bill, unpaid for – meaning that Democrats’ proposals really aren’t deficit neutral. 

8. Reduces Affordability Credits and Instead Expands Medicaid
The bill reduces the size of the affordability credits for patients to purchase the insurance in the exchange and instead expands eligibility for Medicaid to 150% of the federal poverty level—placing more Americans on entitlement programs at a cost to both the federal and state governments.  

9. Significantly Changes the Medicare Part D Prescription Drug Program
The bill requires the Secretary of HHS to negotiate drug prices for the prescription drug program.  There are also several provisions in the bill that will likely increase seniors premiums, as identified by CBO, including that the bill would force seniors to pay at least an additional 20 percent more for their Medicare prescription drug coverage (Part D).   

10. Real Medical Liability Reform, Instead Rewards Trial Lawyers
The bill includes a new grant program to encourage states to implement alternative medical liability reforms like early offer or certificate of merit programs.  However, a state is not eligible for the incentive payments if its law limits attorneys’ fees or imposes caps on damages—a key reform recognized by CBO as necessary to reduce defensive medicine. 

Comments
The opinions expressed below are those of their respective authors and do not necessarily represent those of this office.
  • Shawn McIntyre commented on 11/5/2009
    I am sure you will vote against this. Please convince the left leaning folks to join you, their jobs depend on it.
  • Jennifer Shaffer commented on 11/6/2009
    Dear Congressman Forbes, Besides praying, what is the most advantageous thing I can do today that would help stop this particular House health reform bill from passing? Thank you for your continued fight to protect your constituents!
  • Sharon Hart commented on 11/6/2009
    Thank you for wonderful representation in Congress. I know you will not vote for this bill.
  • Brenda Gartman commented on 11/6/2009
    Congressman Forbes, please keep current on the healthcare "reform" issues and keep voting against this awful bill. Thanks for keeping voters updated!
  • Conrad HAAS commented on 11/6/2009
    Congressman Forbes: Please consider and vote to: Pass a health care reform bill that provides universal health insurance for ALL Americans. The current bill only covers 96% of legal residents in our country and the Congressional Budget Office estimates that 12 million people will be excluded. Pass a health care reform bill that allows undocumented immigrants the opportunity to purchase health insurance from the proposed health insurance exchange. The current House bill does not allow this. Allowing undocumented immigrants to cover their own health costs not only makes economic sense but it is also the right thing to do morally. Pass a health care reform bill that maintains the status quo with respect to the prohibitions of federal funding for abortion as governed by the Hyde Amendment. There is a broad consensus - which includes the United States Conference of Catholic Bishops - that the focus of this debate should be on providing universal health care and not on abortion. The status quo should be maintained. Many thanks for all that you do to represent our district. Conrad Haas - a Democrat for Randy
  • JAN HORTON commented on 11/6/2009
    PLEASE VOTE AGAINST THIS BILL!!
  • Tim Robertson commented on 11/6/2009
    Congressman Forbes, Thank you for the continous updates on the Health Care Bill. I want to encourage you to persuade other members of Congress to follow your example and vote no on this bill.
  • Nelson Ard commented on 11/6/2009
    Thank you for a cogent assessment of the Pelosi Health Care Bill, and I feel the best course is to vote against the current bill. Some articles have appeared including The Wall Street Journal article on Nov 1 "The Worst Bill Ever" that amplify your insights: Paying for six years of program assuming ten years of revenue, and assuming doctors will see Medicare patients after payments are cut 21.5 %. More interesting is the WellPoint study that matched the bill's provisions against its Blue Cross Blue Shield customer base in 14 states WSJ, "The WellPoint Revelation" October 28, 2009. The effect: a young, healthy 25-year-old living in Ohio will see premiums rise from $ 52 a month to $ 157 a month. A 40-year-old breadwinner with spouse and two children would see their premiums increase from $ 332 to $737. These are based on real customers, matched to the coverage demands of the bill. Taxes or premium increases, the cost to cover 93 % of the cost of insurance for a family making $ 42,000 has to come from somewhere ... I am further concerned that after some employers see the benefits of heavily subsidized (by the taxpayer) health care they will drop their employer provided health care and pass their employee's needs to the Government after paying a modest fine. This would resemble the pension bailouts for the steel and airline industries. I hope that you will prevail with other members of Congress to slow this process down and encourage real debate to change the bill and reach a real reform measure.
  • John Wallace commented on 11/6/2009
    I have been watching the House debate on C-Span concerning this phantom bill and heard from both sides of the aisle. There have been extremely persuasive arguments made denouncing the idea of government-run health care by House Republicans, and no good reasons to have it from the Democrats. Obviously I want you to vote "no" on the bill, but I would further ask you to try and persuade your peers to do the same, citing the terrible price our kids and grandkids will pay for this piece of junk. NO MORE LOOTERS!
  • Maury Shurlds commented on 11/7/2009
    VOTE NO ON THIS HEALTH CARE BILL!!!!
  • john Brown commented on 11/7/2009
    subject: Do not be a quisling Dear Congressman, This is a letter from an Independent voter who wants to warn you against voting for ObamaCare or any other health plan that would require spending money. I voted for Ross Perot twice because I was very concerned when the deficit was "only" $6 trillion dollars, it is now $11 trillion and climbing. With a budget deficit of $1.4 trillion dollars the Legislative branch's only concern should be slashing the spending budget to balance it AND not spending any more of the so called "stimulus" money. Going by the Senate's own records I can prove the USA has always had a problem with fraud and entitlement programs since 1854! If you want to truly correct the health care problems start with these two things. 1) Eliminate fraud to where the ROI of enforcement is 1:1 or 2:1, according to the House's own report it is currently 17:1 at actions taken in Florida against scam artists. 2) Do what Congress is suppose to do, regulate interstate trade by allowing health insurance to be sold freely across state lines without the states hindering it. 3) I am not sure if it is Constitutional, the right may lie solely with the states, but, enact Tort reform, if the Constitution allows it. Again, I think the right lies probably with the States, but, if 75% the States okay it individually, then I think most people would be for it. Let them opt in and out if there is a dispute. DO NOT TAKE AWAY OUR FREEDOMS. Requiring mandatory enrollment in ObamaCare is unconstitutional, basically taxing people for breathing, and selling people into slavery to the state. The lame argument that you have to have car insurance is wrong, it is a state issue AND some states such as NH do not require it. Also, NH is one of two states to always have a balanced budget, maybe Congress could learn something from NH? By promoting another trillion dollar mess on top of the "stimulus" bill while not doing the real work, cutting the budget, Congress will totally devalue the USA's dollar. Many people including the UN and the OPEC nations want to replace the dollar. I along with 100,000s of others will consider this a traitorous act. If you vote and pass any "green" act or Cap and Trade act and give away the sovereignty of the USA, we will consider that treason too. Besides being a sham, it is just another way to redistribute wealth by the way of carbon credits and to replace the dollar with carbon credits, which major corporations such as SABIC want. Since you might not be aware of what the real agenda is behind Cap and Trade and who wants to replace the USA dollar as a global currency and why, I am setting up a website www.godhelpusa.com to enlighten Congress about many things since it seems not many have time to read. As the government can track us, so we can track the government. Ask Nancy Pelsoi about earmark 8084 and the Presidio (which she buried in a DOD earmark), who owns it through the trust, and who benefits from it through a trust. Let me be state it again, anyone that votes for ObamaCare, Cap and Trade, or any other big spending bill, which we will keep track of on multiple websites, we will vote them from office by coming into their districts against them with bodies and money, and make sure the traitors can no longer be voted into any public office including crossing guard. Plus, we will boycott any business that employs the quislings. The difference between Obama, ACORN, SEIU and us patriots is we love America, we think it is great and no one has to pay us to show up. We will spend our own valuable time and money to toss people out. I sent McCain nothing, I sent Hoffman $100. Get it? This is not about politics, this about saving the USA for our grandchildren. I do not expect social security or much of anything else for me, I do expect to pass on a better nation to our grandchildren. It will take 20+ years to fix this mess, but, we are starting now. We will fight for the USA and hold the deepest hatred for anyone that helps destroy the USA and it's dollar. Just think about having 2,000+ patriots that love their country living in the same state as a public quisling. We love the USA and it's rule of law too much to resort to violence like Obama's friends such as Bill Ayers and SEIU members. But, we WILL exercise our freedom of speech and we and our children will call out the traitorous dogs and their families in schools, businesses, streets, churches, country clubs, super markets, and anywhere else we find them and boycott anyone that has anything to do with them. To further that end, I will have another website up soon, www.quislings.org to track these traitors to the end of the earth. 405,000+ men and women citizens died in WWII to keep us free and from under fascism, nazis, emperors, and socialism and many more have died since from the same reasons. We will not allow Congress or Obama to throw away our freedoms. People have declared war on the USA, the Constitution, and our freedoms so we are declaring war on the quislings. Do not think we will wait until election times to throw you out if you vote for ObamaCare, we will start now. Yours, John Brown POB 249 Avondale Estates GA 30002 USA !
  • Mark Cernak commented on 11/7/2009
    The latest version of ObamaCare, euphemistically titled the "Affordable Health Care for America Act" (H.R. 3962), which is being rammed through the House of Representatives by Speaker Pelosi this week without any real debate, is by far the worst version of so-called health care "reform" yet. At nearly 2,000 pages, H.R. 3962 is almost twice the size of the first so-called health care bill offered in the House of Representatives (H.R. 3200), and includes even more of what the American people have already flat-out rejected; which is more government, higher taxes, rationing and less health care for all. And, once again politicians in Washington are going to vote on this monstrosity before they even have a chance to read it, much less understand it. This is certainly not what the American people were promised, nor is it what the American people want. The American people weren't deceived by previous legislative attempts at passing government-run health care and the American people are not fooled now. Stop the deceptions. Stop the secret meetings. Stop the legislative chicanery. Stop the procedural tricks. Stop the dark-of-night votes. Vote "No" on H.R. 3962. Scrap ObamaCare once and for all and start over with measures that will actually make health care more accessible and affordable to Americans!
  • Robert E Baker commented on 11/7/2009
    Please vote against Obamacare. We can't afford another government program which is unfunded and poorly managed and provides care for 15 million illegal aliens the U.S. Govt has allowed into the country. Please let me know how you vote. Thanks, Bob Baker MD
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