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Skip to comments.Lawyers Have Already Drafted 13,000 Pages of Regulations for New ObamaTax Law
Posted on 07/05/2012 12:28:05 PM PDT by yoe
With the Supreme Court giving President Obamas new health care law a green light, federal and state officials are turning to implementation of the law a lengthy and massive undertaking still in its early stages, but already costing money and expanding the government.
The Health and Human Services Department was given a billion dollars implementation money, Republican Rep. Denny Rehberg of Montana said. That money is gone already on additional bureaucrats and IT programs, computerization for the implementation.
Oh boy, Stan Dorn of the Urban Institute said. HHS has a huge amount of work to do and the states do, too. There will be new health insurance marketplaces in every state in the country, places you can go online, compare health plans.
The IRS, Health and Human Services and many other agencies will now write thousands of pages of regulations an effort well under way:
Theres already 13,000 pages of regulations, and theyre not even done yet, Rehberg said.
Its a delegation of extensive authority from Congress to the Department of Health and Human Services and a lot of boards and commissions and bureaus throughout the bureaucracy, Matt Spalding of the Heritage Foundation said. We counted about 180 or so.
There has been much focus on the mandate that all Americans obtain health insurance, but analysts say thats just a small part of the law covering only a few pages out of the laws 2700.
The fact of the matter is the mandate is about two percent of the whole piece of the legislation, Spalding said. Its a minor part.
Much bigger than the mandate itself are the insurance exchanges that will administer $681 billion in subsidies over 10 years, which will require a lot of new federal workers at the IRS and health department.
They are asking for several hundred new employees, Dorn said. You have rules you need to write and you need lawyers, so there are lots of things you need to do when you are standing up a new enterprise.
For some, though, the bottom line is clear and troubling: The federal government is about to assume massive new powers.
When people’s loved ones start dying because of bureaucratic sloth and obstinance, there will be a lot of dead bureaucrats lying about in the woods and rivers............
If you look it England it appears that everyone just gets used to being a servant of the government. Their relatives are put to death by NICE and is there a huge uproar? No. They focus on getting drunk and celebrating diversity.
Heard a guy on the radio yesterday who wrote a book called A Charter Of Negative Liberties and it sounds pretty good - he is a layman, last name of Diaz - and he said the SCOTUS has been mis-intrepreting the constitution for decades - reading into it what was never stated. It has come to the point where the country has become exactly what our founders fought and died to prevent.
Honestly, I don’t know how we can get our country back without doing the same thing the founders did.
Here comes the broccoli. Chow down Amerika!
I’ll vote for Romney and the GOP this November in hopes they will repeal OmamaCare and the other bad acts the Democrats have inflicted on our nation in the last four years.
If Romney and the GOP do not deliver, I and a lot of others are going to decide a new Revolution 1776 is necessary. Freedom isn’t free and we need to fight for it here as citizens who want the freedom to live in a civil society where the fruits of our work stay with us and our family, not get creamed off to support lazy others and greedy politicians.
Lady Katherine will not forget the point, "As determined by the Secretary", her "determinations will add tons to the regulations and the very law.
This is a monstosity in more ways than on.
DEPARTMENT OF HEALTH AND HUMAN SERVICES
45 CFR Subtitle A
For the reasons stated in the preamble, the Department of Health and Human Services amends 45 CFR part 147, added May 13, 2010, at 75 FR 27138, effective July 12, 2010, as follows:
PART 147HEALTH INSURANCE REFORM REQUIREMENTS FOR THE GROUP AND INDIVIDUAL HEALTH INSURANCE MARKETS
1.The authority citation for part 147 continues to read as follows: Authority: Sections2701 through 2763, 2791, and 2792 of the Public Health Service Act (42 USC 300gg through 300gg63, 300gg91, and 300gg92), as amended.
1.Add §147.130 to read as follows: § 147.130 Coverage of preventive health services.
(a) Services(1) In general. Beginning at the time described in paragraph (b) of this section, a group health plan, or a health insurance issuer offering group or individual health insurance coverage, must provide coverage for all of the following items and services, and may not impose any cost-sharing requirements (such as a copayment, coinsurance, or deductible) with respect to those items or services:
(i) Evidence-based items or services that have in effect a rating of A or B in the current recommendations of the United States Preventive Services Task Force with respect to the individual involved (except as otherwise provided in paragraph (c) of this section);
(ii) Immunizations for routine use in children, adolescents, and adults that have in effect a recommendation from the Advisory Committee on Immunization Practices of the Centers for Disease Control and Prevention with respect to the individual involved (for this purpose, a recommendation from the Advisory Committee on Immunization Practices of the Centers for Disease Control and Prevention is considered in effect after it has been adopted by the Director of the Centers for Disease Control and Prevention, and a recommendation is considered to be for routine use if it is listed on the Immunization Schedules of the Centers for Disease Control and Prevention);
(iii) With respect to infants, children, and adolescents, evidence-informed preventive care and screenings provided for in comprehensive guidelines supported by the Health Resources and Services Administration; and
(iv) With respect to women, to the extent not described in paragraph (a)(1)(i) of this section, evidence-informed preventive care and screenings provided for in comprehensive guidelines supported by the Health Resources and Services Administration.
(2) Office visits (i) If an item or service described in paragraph (a)(1) of this section is billed separately (or is tracked as individual encounter data separately) from an office visit, then a plan or issuer may impose cost-sharing requirements with respect to the office visit.
(ii) If an item or service described in paragraph (a)(1) of this section is not billed separately (or is not tracked as individual encounter data separately) from an office visit and the primary purpose of the office visit is the delivery of such an item or service, then a plan or issuer may not impose cost-sharing requirements with respect to the office visit.
(iii) If an item or service described in paragraph (a)(1) of this section is not billed separately (or is not tracked as individual encounter data separately) from an office visit and the primary purpose of the office visit is not the delivery of such an item or service, then a plan or issuer may impose cost-sharing requirements with respect to the office visit.
(iv) The rules of this paragraph (a)(2) are illustrated by the following examples:
Example 1. (i) Facts. An individual covered by a group health plan visits an in-network health care provider. While visiting the provider, the individual is screened for cholesterol abnormalities, which has in effect a rating of A or B in the current recommendations of the United States Preventive Services Task Force with respect to the individual. The provider bills the plan for an office visit and for the laboratory work of the cholesterol screening test.
(ii) Conclusion. In this Example 1, the plan may not impose any cost-sharing requirements with respect to the separately-billed laboratory work of the cholesterol screening test. Because the office visit is billed separately from the cholesterol screening test, the plan may impose cost-sharing requirements for the office visit.
Example 2. (i) Facts. Same facts as Example 1. As the result of the screening, the individual is diagnosed with hyperlipidemia and is prescribed a course of treatment that is not included in the recommendations under paragraph (a)(1) of this section.
(ii) Conclusion. In this Example 2, because the treatment is not included in the recommendations under paragraph (a)(1) of this section, the plan is not prohibited from imposing cost-sharing requirements with respect to the treatment.
Example 3. (i) Facts. An individual covered by a group health plan visits an in-network health care provider to discuss recurring abdominal pain. During the visit, the individual has a blood pressure screening, which has in effect a rating of A or B in the current recommendations of the United States Preventive Services Task Force with respect to the individual. The provider bills the plan for an office visit.
(ii) Conclusion. In this Example 3, the blood pressure screening is provided as part of an office visit for which the primary purpose was not to deliver items or services described in paragraph (a)(1) of this section. Therefore, the plan may impose a cost-sharing requirement for the office visit charge.
Example 4. (i) Facts. A child covered by a group health plan visits an in-network pediatrician to receive an annual physical exam described as part of the comprehensive guidelines supported by the Health Resources and Services Administration. During the office visit, the child receives additional items and services that are not described in the comprehensive guidelines supported by the Health Resources and Services Administration, nor otherwise described in paragraph (a)(1) of this section. The provider bills the plan for an office visit.
(ii) Conclusion. In this Example 4, the service was not billed as a separate charge and was billed as part of an office visit. Moreover, the primary purpose for the visit was to deliver items and services described as part of the comprehensive guidelines supported by the Health Resources and Services Administration. Therefore, the plan may not impose a cost-sharing requirement for the office visit charge.
(3) Out-of-network providers. Nothing in this section requires a plan or issuer that has a network of providers to provide benefits for items or services described in paragraph (a)(1) of this section that are delivered by an out-of-network provider. Moreover, nothing in this section precludes a plan or issuer that has a network of providers from imposing cost-sharing requirements for items or services described in paragraph (a)(1) of this section that are delivered by an out-of-network provider.
(4) Reasonable medical management. Nothing prevents a plan or issuer from using reasonable medical management techniques to determine the frequency, method, treatment, or setting for an item or service described in paragraph (a)(1) of this section to the extent not specified in the recommendation or guideline.
(5) Services not described. Nothing in this section prohibits a plan or issuer from providing coverage for items and services in addition to those recommended by the United States Preventive Services Task Force or the Advisory Committee on Immunization Practices of the Centers for Disease Control and Prevention, or provided for by guidelines supported by the Health Resources and Services Administration, or from denying coverage for items and services that are not recommended by that task force or that advisory committee, or under those guidelines. A plan or issuer may impose cost-sharing requirements for a treatment not described in paragraph (a)(1) of this section, even if the treatment results from an item or service described in paragraph (a)(1) of this section.
(b) Timing(1) In general. A plan or issuer must provide coverage pursuant to paragraph (a)(1) of this section for plan years (in the individual market, policy years) that begin on or after September 23, 2010, or, if later, for plan years (in the individual market, policy years) that begin on or after the date that is one year after the date the recommendation or guideline is issued.
(2) Changes in recommendations or guidelines. A plan or issuer is not required under this section to provide coverage for any items and services specified in any recommendation or guideline described in paragraph (a)(1) of this section after the recommendation or guideline is no longer described in paragraph (a)(1) of this section. Other requirements of Federal or State law may apply in connection with a plan or issuer ceasing to provide coverage for any such items or services, including PHS Act section 2715(d)(4), which requires a plan or issuer to give 60 days advance notice to an enrollee before any material modification will become effective.
(c) Recommendations not current. For purposes of paragraph (a)(1)(i) of this section, and for purposes of any other provision of law, recommendations of the United States Preventive Services Task Force regarding breast cancer screening, mammography, and prevention issued in or around November 2009 are not considered to be current.
(d) Applicability date. The provisions of this section apply for plan years (in the individual market, for policy years) beginning on or after September 23, 2010. See § 147.140 of this Part for determining the application of this section to grandfathered health plans (providing that these rules regarding coverage of preventive health services do not apply to grandfathered health plans).
Americans are not like Brits, in that we don’t just roll over and have another beer at the pub to decry the state of the government, and what they are doing to us.
We, from the very beginning, were distrustful of government in all levels.
I can foresee another Civil War, that would make the first one look like a Sunday picnic..............
Obamacare will cause regulations and regulatory agencies to grow more than they have under all of our presidents together, even managing to eclipse what Nixon gave us. Kiss liberty goodbye.
Wow. A government program to run health care that will require armies of new bureaucrats...and it will all be better run, more available, and “affordable.” Yeah, that’s what the title of the bill said; “Affordable.”
It’s just amazing, isn’t it?
END OBAMASLAVERY NOW!
This is a problem with all Federal legislation these days, not just Obamacare.
Congress passes laws, and these laws direct the executive agencies to promulgate regulations implementing the goals of the laws through administrative procedures.
Regulations are drafted, put out for public notice, modified and approved. It is a public process but only professionals have any knowledge of it. This process is dominated by leftist interest groups and rent-seeking industry groups.
The result is collectivism and cronyism, both of which are the enemies of liberty.
And he's right.
“I can foresee another Civil War, that would make the first one look like a Sunday picnic..............”
...I don’t know about that. Too many faggity ass, roll over and play dead metrosexuals out there.
Our country has been fundamentally transformed. We will be servants of the bureaucrats and the elite politicians - just like any communist country.
We will beg and try to curry favor for food, health care...and whatever else we need to survive.
How Roberts changed his mind and sided with this outrage is beyond belief.
Raging...out of control..mindless insanity
“..the original 1965 Medicare and Medicaid law. The bill President Johnson signed was a mere 137 pages long!”
They will be on the losing side...............
When you see that trading is done, not by consent, but by compulsion - when you see that in order to produce, you need to obtain permission from men who produce nothing - when you see that money is flowing to those who deal, not in goods, but in favors - when you see that men get richer by graft and by pull than by work, and your laws don’t protect you against them, but protect them against you - when you see corruption being rewarded and honesty becoming a self-sacrifice - you may know that your society is doomed. - Ayn Rand
We are fast approaching the stage of the ultimate inversion: the stage where the government is free to do anything it pleases, while the citizens may act only by permission; which is the stage of the darkest periods of human history, the stage of rule by brute force. - Ayn Rand
Thanks Army Air Corps
The list, Ping
Let me know if you would like to be on or off the ping list
Never happen now.Each year more and more are being indoctrinated to the life of the Governmental slave. How? Through the use of drugs and other “freebies” such as food stamps, free rent, free schooling ,Govermental grants, Health care, Governmental jobs. Think that the sheep are goingf to be willing to give up all that for something called freedom, responsibility, and independence?
I think the “working” Liberals somehow believe they are going to be exempt from all of this.
We’ve almost reached the tipping point, at which, the House of Roosevelt comes crashing down......................
Anybody know how to apply for one of those lucrative new IRS jobs?
They always do don’t they? They always believe it when they are told it is for the other guy. Then when they learn that they are the “other guy” they cry and cry.
Everytime I think about this “horror” I get sick to my stomach and want to cry.
I’m not trying to be pessamistic because I want this monstrosity repealed more than ANYTHING, but it is hard for me to imagine people picking up guns and going into battle over this. So many are just indifferent and lazy, they don’t want to get up from their lazyboy and football games.
I pray I’m wrong.
As much as we all want the Socialist welfare State to utterly collapse, I think it will be a decade or longer at a minimum. Most people will gladly keep accepting more and more government control because they don't have the fire of Liberty in their belly. They will rationalize themselves into accepting it.
For Conservatives who know the true potential of people free from sadistic bureaucratic controls, these are the worst of times. As it stands, the left is winning and with the help of the evil ruling by Injustice Roberts, they are winning big.
The ‘Arab Spring’ was triggered by the act of just one man in Tunisia who had lost his fruit stand to a government thug,,,,,,,,,,,,,,,,,,,,,,,,,
When the number of looters becomes greater than the number of producers, the engine stops.....................
Now I know why lawyers are democrats.
Are you a LGBT illegal immigrant that speaks no English?
Then you be out of luck................
It’s up to ten states so far.
TAXATION BY MISREPRESENTATION!
The result is collectivism and cronyism, both of which are the enemies of liberty.
All true, but you left out the part where, after the rules are final, lawsuits challenging the rules are then brought in federal court, allowing the judiciary in on the action as well.
What I just came to realize, is obamacare is the END-ALL to the Constitution of The United States.
Read it and you too will agree!
13,000 pages wasn’t done overnight. Just like the original bill, all these pages were written and rewritten years ago.
The result is collectivism and cronyism, both of which are the enemies of liberty (and the enemies of prosperity and effectiveness)
You're right and that was a big oversight on my part.
In fact this is where the leftists often post their biggest gains.
The rulemaking strikes a certain balance between the leftists and the industry cronies. Then the leftists sue and some 'Rat-appointed judge gives them another bite out of industry's butt, AND awards the leftists buckets of money in attorney's fees to be paid by taxpayers.
It's quite a lucrative and effective scam, really.
The Founders first declared their independence from the tyranny that beset our country. It was only because the King rejected that, that a bloody war was fought to gain it.
Things could (and probably will) go much differently this time. The federal government doesn't have the muscle to stop one or several states from leaving the union, should they so choose that path.
It's looking more and more to me, that the beast in DC is going to push us in that direction. There's only so much a people can stand before they snap.
Someone posted a verse that reminds me the real reason we're in this spot. It's precisely because we are afraid a) to stand against injustice which b) involves discomfort, pain, and/or death. In short we've become used to evils and some of us at least are quick approaching the point where the evils are not sufferable anymore -- as the Declaration of Independence put it -- this is where we are, this is where we decide what sort of a person we are, and what sort of a people we will be.
|Righteousness exalts a nation,
but sin is a disgrace to any people.
|Uprightness and right standing with God (moral and spiritual rectitude in every area and relation) elevate a nation, but sin is a reproach to any people.|
They were fighting for more than a year before the Declaration was signed.
Ok. So which will come first in our time - the declaration, or the fighting?
In my more cynical moments I think that any 'sparks' of violence will be contained and reported as "terrorist activities." -- Containment can come a number of ways, cutting the cell-phone and internet of that area would be the most logical step and head off the majority of info-leaks, also I wouldn't put it past screening all outgoing mail and packages for a time, say 6 months, with particular persons put on a "always check" list.
I think it will, in the end boil down to two things: are we-as-a-nation going to do righteousness or wickedness, and how many will buy into the lie of the-state-as-god.