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States fear that five words in Obama health law will open door to lawsuits. (Another Surprise!)
Daily Caller ^ | April 2, 2010 | Jon Ward

Posted on 04/02/2010 7:49:59 AM PDT by C19fan

The addition to existing law of five words, and a comma, may cause a world of hurt to state governments.

Tucked away on page 466 of President Obama’s 2,704-page health-care bill is a provision that changes the definition of “medical assistance,” the term describing what states are required to provide to Medicaid recipients.

States have in the past been required to provide payment for services to physicians. Now, under the new definition, states will be liable for ensuring provision of “the care and services themselves.”

In other words, states are legally on the hook not only to ensure that Medicaid recipients are paid for, but that they’re seen by a doctor.

(Excerpt) Read more at dailycaller.com ...


TOPICS: News/Current Events
KEYWORDS: medicaid; obamacare; suits
Still debate on what the impact could be but one scenario is a flood of suits.
1 posted on 04/02/2010 7:49:59 AM PDT by C19fan
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To: C19fan

With looming doctor shortages, this will be difficult to ensure in anything like a timely manner.


2 posted on 04/02/2010 7:53:15 AM PDT by ClearCase_guy (I do not want the Union to be maintained. I want the US to break up. I support secession.)
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To: ClearCase_guy

I don’t know what all the fuss is about. If the United States Constitution doesn’t matter and can be ignored, five little words shouldn’t be a problem.


3 posted on 04/02/2010 7:58:38 AM PDT by yooling ( FUBO)
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To: C19fan
More than a quarter of Louisiana’s 4.5 million population is already on Medicaid, and around 400,000 more are expected to join the program due to expanded eligibility standards also in Obama’s new health law.

That's almost unbelievable. I didn't realize such large portion of populations were on Medicaid, and that doesn't even include Medicare. That our representatives and 'leaders' have even proposed an expansion of what is already unsustainable is just more evidence that we're being governed by fools.

4 posted on 04/02/2010 8:06:53 AM PDT by Will88
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To: yooling

Exactly!


5 posted on 04/02/2010 8:07:26 AM PDT by SumProVita (Cogito, ergo...Sum Pro Vita. (Modified Decartes))
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To: ClearCase_guy

They will just have to force the physicians at gunpoint to see more patients.


6 posted on 04/02/2010 8:07:45 AM PDT by des (Without a big tent we lose.)
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To: ClearCase_guy

We’ll have to import muzzies, like Britain did, and remember that some Muslim doctors tried to blow up an airport - was it in Scotland? I still remember the photos of one guy who was on fire and nevertheless was still trying to blow up the airport. He must have been on pain killers.


7 posted on 04/02/2010 8:07:50 AM PDT by Aria ( "The US republic will endure until Congress discovers it can bribe the public with the people's $.")
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To: Will88
Lousiana has been the relocation spot of choice for many formerly Southern Origin Americans who have reached retirement age.

Even earlier they made sure their elderly relatives moved to New Orleans or other cities and towns in Louisiana.

The deal is the food is great, the weather is warm (an important thing to many elderly folks), nursing care was inexpensive, as were in-home workers to do housework and so forth.

Rent was low.

No one knows how many elderly poor were living in LA before Katrina, but it was a whopping big number.

8 posted on 04/02/2010 8:11:42 AM PDT by muawiyah ("Git Out The Way")
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To: Aria

The next question will be what is Obama’s definition of doctor? danger ahead.


9 posted on 04/02/2010 8:12:44 AM PDT by Vaduz
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To: muawiyah
No one knows how many elderly poor were living in LA before Katrina, but it was a whopping big number.

Do the elderly poor remain on Medicaid if they never paid enough into SS to be eligible for SS and Medicare, or do they just move to Medicare no matter their work history?

I'd never thought of that, but it might be a significant factor in how many are on Medicaid in some areas.

10 posted on 04/02/2010 8:22:53 AM PDT by Will88
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To: C19fan

So which state will be first to call in the national guard and station them in clinics to make sure that doctors see patients?

It is impossible to have the right to anything which comes from another person’s labor. For the government to ensure that right it must force labor (enslave) another person.

Medical care, food, clean water—none of it would exist without people working. Free markets exchanges for those items prevents slavery.


11 posted on 04/02/2010 8:27:28 AM PDT by Truth is a Weapon (Truth, it hurts soooo good!)
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To: C19fan
In "da Hood", they'll be paying for tatoo's, implants (of all persuasions), ass-reductions, etc.

Should be another popular handout to the 95% Democrat-voting support groups.

12 posted on 04/02/2010 8:30:19 AM PDT by traditional1 ("Don't gotsta worry 'bout no mo'gage, don't gotsta worry 'bout no gas; Obama gonna take care o' me!)
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To: traditional1

Gold teeth.


13 posted on 04/02/2010 8:36:16 AM PDT by FrdmLvr
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To: C19fan

And each of the states should have TWO words for Hussein and the left.


14 posted on 04/02/2010 8:40:25 AM PDT by Oldpuppymax
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To: Oldpuppymax

It’s these mandates on the states that will really push the 10th Amendment movement. No one has any money — and the Feds are just piling stuff on the states and making their situation worse. At some point, the states have to say “No more”.


15 posted on 04/02/2010 8:48:57 AM PDT by ClearCase_guy (I do not want the Union to be maintained. I want the US to break up. I support secession.)
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To: C19fan

I was talking to a New Zealander colleague and he told a story in the news there about a patient who felt some chest pains after an operation — turns out he had the forceps sewn into his chest.

We all reacted to it and the Americans in the group started talking about how he’d be rich, but the New Zealander, no critic of socialized medicine, said no, he’d probably just get the opportunity to have them removed for free. Maybe a small compensation.

There is no way we can keep quality high and costs under control with our system of jackpot law. If you want socialized medicine, it won’t work, but if you want lawyers in the mix, it’ll be a disaster.


16 posted on 04/02/2010 9:37:22 AM PDT by AmishDude (It doesn't matter whom you vote for, it matters who takes office.)
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To: Will88

Expanding Medicaid was just another way of buying votes to pass this boondoggle. The expansion covers childless adults earning up to 133 percent of poverty level.

Imposing an unfunded mandate on these people would have been politically unworkable.

Then again, the bill as passed is politically unworkable but they didn’t let that stop them.


17 posted on 04/02/2010 9:56:54 AM PDT by southshore
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To: Will88

“Do the elderly poor remain on Medicaid if they never paid enough into SS to be eligible for SS and Medicare, or do they just move to Medicare no matter their work history?”

Someone who does not qualify for Medicare can voluntarily enroll in Part A or Part B by paying the requisite premium amounts for each (for Medicare eligibles, Part A is free). Medicaid pays Part A premiums for some of its elderly/disabled beneficiaries, but this is restricted to individuals who qualify for Part A, which generally requires being eligible for SS, which in turn is based on work history. So I believe there’s a subset of Medicaid eligibles who are elderly but not dual-eligible. Most such elderly are dual-eligible, meaning Medicaid pays their Medicare premiums and cost-sharing etc.


18 posted on 04/02/2010 11:03:38 AM PDT by DrC
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To: C19fan

They want to grant amnesty to millions of illegals, who will also be added to this. Sure seems like the goal is to crash or bankrupt us. No one will end up with access to quality healthcare and will greatly change our quality of life.


19 posted on 04/03/2010 8:55:24 AM PDT by opentalk
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To: C19fan; 3D-JOY; abner; Abundy; AGreatPer; Albion Wilde; AliVeritas; alisasny; ALlRightAllTheTime; ..

To the state governments re 0b0z0care: BOHICA!

PING!


20 posted on 04/03/2010 6:54:44 PM PDT by Tolerance Sucks Rocks (I am Ellie Light. I hate slow drivers.)
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To: C19fan

Anotehr unfunded mandate. This should be a basis for teh states to sue rather than be sued.


21 posted on 04/14/2010 2:53:36 PM PDT by TBP (Obama lies, Granny dies.)
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