Supreme Court Keeps ObamaCare on Life Support at Taxpayer Expense, by Rewriting Statute
In a 6-to-3 decision in King v. Burwell, the U.S. Supreme Court upheld the IRS rule permitting Affordable Care Act (ACA or ObamaCare) subsidies to flow through federal Exchanges, in clear contradiction to the wording of the statute, states the Association of American Physicians and Surgeons.
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As noted by Justice Antonin Scalia in a scathing dissent, the Court rules that the term “established by the State,” which appears seven times in the statute, can also mean “not established by the State.”
The majority held that the “tax credits” and individual mandate were necessary to prevent the insurance “death spiral” that would otherwise occur as a result of ACA’s guaranteed issue and community rating provisions. Therefore, it reasoned, Congress must have intended them to apply even in the 34 States that declined to establish an Exchange.
“Statements by ‘disappearing’ MIT economist Jonathan Gruber that Congress deliberately intended to withhold subsidies as an ‘incentive’ for States to establish Exchanges were evidently disregarded,” stated AAPS executive director Jane M. Orient, M.D.
Had Congress made an error, it could have amended the statute, she noted. But it might well have declined to do so because, without subsidies, States were relieved of costly, onerous mandates.
“If the Court had applied the plain meaning of the statute, then the 34 states that declined to establish exchanges would be free to develop their own approaches without the interference by ObamaCare,” observes AAPS General Counsel Andrew Schlafly. “Instead, the Court distorted the statute to rescue an unsuccessful law.”
“Having transformed two major provisions of the law [in National Federation of Independent Business v. Sebelius], the Court today has turned its attention to a third.” Justice Scalia writes. “We should start calling this law SCOTUScare.”
“ObamaCare itself destroys true insurance and places additional crushing burdens on those who provide actual care,” states Dr. Orient. “This can’t be fixed by forcing taxpayers pay a chunk of some people’s unaffordable premiums. What the Court has done is to further undermine the rule of law.”
The ruling is a major disappointment for both patients and doctors. As patients in the next few years we will see health care get even more expensive. Dr. Gerard Gianoli, from The Ear and Balance Institute, stated that our health care system had problems before the Affordable Care Act.
“As everyone know, the health care system had its problem prior to the ACA. The ACA was supposed to fix many of the problems – namely cost and access. Unfortunately, not only has the ACA not fixed these problems, but it has actually made worse the problems of cost and access.”
“The supreme court ruling further entrenches the third party payment system that mainly benefits the health insurance companies. With all medical care running through insurance, this will continue to increase costs (as noted by requests for 25-50% premium increases by the private insurance companies. Access is reduced by two mechanisms –
1.) narrowed networks
2.) higher deductibles – both made worse by the ACA. The only solution to this is a president and congress who will repeal the ACA and restore a true free market to medical care like we have seen in Refractive Eye Surgery, Cosmetic Surgery and Third Party Free Medical Practices All three of these have reduced cost while increasing quality, unlike the current system. It is amazing to me that so many Americans feel that free markets are the best way to minimize cost and maximize quality in every industry, except for health care. This is belied by the above examples.”
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I agree with Dr. Gianoli. The only way we can reduce the costs of health care for Americans is by repealing the Affordable Care Act and replacing it with health insurance reform which returns health care back to the free market. According to Downsize DC, “The government already pays for nearly half of all health care. This means we’re half-socialized already. Starting with depression era wage and price controls, and continuing with government tax policies, the politicians have made Americans dependent on their jobs to get health insurance. State government policies have made insurance too expensive by piling on special interest mandates dictating specific types of coverage. Medicare and Medicaid have fixed the prices we pay for health care, causing the extraordinary paradox of both price inflation and shortages in areas like primary care.”
True health care reform requires less government involvement, not more.
Dr. Richard Amerling, President of AAPS, predicted back in March that the Supreme Court would rule in favor of the Obama administration and the Affordable Care Act in King v. Burwell (http://www.newsmax.com/RichardAmerling/obamacare-burwell-healthcare/2015/03/09/id/628985/).
He further stated that, “Obamacare is still a disaster, a costly scam that funnels billion of taxpayer dollars directly to the insurance industry, and that accelerates the bureaucratization of medicine. And while we were focused on Obamacare, the Republican Congress passed MACRA, which cements into place the centralized control of medical practice through ACOs, bundling, and other forms of “pay-for-performance.” http://www.newsmax.com/RichardAmerling/Doc-Fix-Bill-HR2-HHS-Medicare/2015/04/13/id/638164/ Our strategy, that is, our last line of defense, is to encourage more and more physicians to opt out of Medicare, Medicaid, and Obamacare, which are all starting to look the same. We must preserve a corp of independent, private physicians who will safeguard the Hippocratic practice of medicine. And we must do this while we still can.”
As Americans we can tell Congress that they need to begin to repeal and replace the Affordable Care Act right away. Health care is expensive and out of control. For middle class American families like mine it is just going to get worse. If my husband signs up for a family health plan under his employer for our family of seven it will cost nearly a quarter of his paychecks. Because of this massive expense we have opted to put our children on Medicaid and only he and I are under his health plan. He does have a heath savings account, however, $150 comes out of that account every time we visit our doctor. Instead of visiting our doctor regularly we are saving that money just in case the unthinkable may happen to either one of us or our children.
We just purchased a home and I am terrified that if health care continues to rise we may lose that home in order to afford to visit our doctor. Downsize DC makes it very easy for you to contact your representative in Congress. Let him or her know that we need real health care reform now.
Richard Amerling, MD (New York City) is an Associate Professor of Clinical Medicine and a renowned academic nephrologist at the Beth Israel Medical Center in New York City. Dr. Amerling studied medicine at the Catholic University of Louvain in Belgium, graduating cum laude in 1981. He completed a medical residency at the New York Hospital Queens and a nephrology fellowship at the Hospital of the University of Pennsylvania. He has written and lectured extensively on health care issues and is President of the Association of American Physicians and Surgeons. Dr. Amerling is the author of the Physicians’ Declaration of Independence and is a seasoned speaker and on-air contributor.
See more on Dr. Amerling and his op-eds on Obamacare here: http://www.theconservativepundit.net/?page_id=1117AAPS Director (Dr. Amerling) on Glenn Beck Show: http://www.youtube.com/watch?v=HX0WRvwaw5Y
Jane M. Orient, M.D. (Tucson, AZ), Executive Director of Association of American Physicians and Surgeons, has been in solo practice of general internal medicine since 1981 and is a clinical lecturer in medicine at the University Of Arizona College Of Medicine. She received her undergraduate degrees in chemistry and mathematics from the University of Arizona, and her M.D. from Columbia University College of Physicians and Surgeons. She is the author of Sapira’s Art and Science of Bedside Diagnosis; the fourth edition has just been published by Lippincott, Williams & Wilkins. She also authored YOUR Doctor Is Not In: Healthy Skepticism about National Health Care, published by Crown. She is the executive director of the Association of American Physicians and Surgeons, a voice for patients’ and physicians’ independence since 1943. Complete curriculum vitae posted at http://www.drjaneorient.com./ Additional information on health-related issues: http://www.aapsonline.org//.
Dr. Orient has interviewed on hundreds of radio shows and also on TV – NBC, CNN, FoxNews.com and MSNBC. Dr. Orient’s position on Obama’s healthcare reform: “The Obama plan will increase individual health insurance costs, and if the federal government puts price controls on the premiums, the companies will simply have to go out of business. The plan will deliver higher costs, more hassles, fewer choices, less innovation, and less patient care.”
See more on Dr. Orient and her former op-eds on Obamacare here: http://www.theconservativepundit.net/?page_id=1183The Truth About “Medicare As We Know It”: http://www.aapsonline.org/index.php/article/the_truth_about_medicare_as_we_know_it/ AAPS on Fox News Channel: http://www.aapsonline.org/index.php/video/237
Gerard Gianoli, M.D., F.A.C.S. specializes in Neuro-otology and Skull Base Surgery. He is in private practice at The Ear and Balance Institute, located in Covington, but is also a Clinical Associate Professor in the Departments of Otolaryngology and Pediatrics at Tulane University School of Medicine. He pioneered treatments for Superior Semicircular Canal Dehiscence and other vestibular disorders. His private practice has a worldwide reach, with patient referrals coming from all over the United States and from around the world. Dr. Gianoli opted out of Medicare in 2001 and has had a 100% third-party-free practice since 2005. He’s lectured and written extensively (as well as had numerous media interviews) on third party free medical practices and free market medicine. His editorials have appeared in The Wall Street Journal, Forbes, Investor’s Business Daily, The Hill and other popular periodicals. He has received numerous awards, including the American Academy of Otolaryngology’s Honor Award, and has been named in America’s Top Doctors and America’s Top Physicians every year since their inception in 2001 and 2003 respectively. Dr. Gianoli practices all aspects of neuro-otology but has a special interest in vestibular (balance) disorders. He has researched, lectured and published extensively on the topic of vestibular disorders. Website: www.earandbalance.net
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