Showing posts with label ObamaCare. Show all posts
Showing posts with label ObamaCare. Show all posts

Wednesday, October 20, 2010

Randy Barnett, Georgetown U Law School Prof and Senior Fellow at Cato Institute and Goldwater Institute on Obamacare Individual Mandate

Embedded below is a very fascinating discussion by Georgetown University Law Prof. Randy Barnett who is also a Senior Fellow at the Cato and Goldwater Institutes. The address was delivered very recently at N.Y.U Law school's annual Friedrich A. von Hayek Lecture.

Prof. Barnett discusses his view that the Individual Mandate compelled under ObamaCare is in fact unconstitutional under the Commerce Clause of the United States Constitution. The clip is long, but well worth listening to because Barnett provides an illuminating discussion of Supreme Court ruling history on the Commerce and Necessary & Proper clauses.

Enjoy!




H/T Becky Chandler & Randy Barnett, posting at the Volokh Conspiracy

Tuesday, October 13, 2009

Litigation Increases Medical Costs, but Lawyers Block Reform

The following excerpts come from Trial Lawyers Inc which is - for lack of a better word - a blog of the Manhattan Institute For Policy Research. The title below is Hyperlinked to the article in full. I encourage everyone to read it.

HEALTH HAZARD:
Litigation Increases Medical Costs, but Lawyers Block Reform

In his nationally televised speech before both houses of Congress on September 9, President Obama made news by acknowledging that medical-malpractice litigation "may be contributing to unnecessary costs" in the U.S. health-care system. The president's comments were in keeping with popular opinion: 72 percent of Americans think that fear of lawsuits compromises doctor decisions, and fully 83 percent want any health-care reform to address medical-malpractice litigation.

Notwithstanding the president's remarks and popular opinion, Congress has been laboring to expand medical liability against nursing homes, medical-device makers, and military doctors—changes that would be expected to drive up, not down, health-care costs. The reason is simple: with massive campaign contributions and lobbying clout, the organized plaintiffs' bar—whom the Manhattan Institute has dubbed "Trial Lawyers, Inc."—has bought Congressional leaders' support. In the last election cycle, the trial lawyers' political action committee gave over $2.5 million to Congressional Democrats, making the plaintiffs' bar the second largest donor after the electrical workers' union (see graph). Overall, lawyers and law firms gave almost $234 million to federal campaigns in 2008, including almost $127 million to Congressional candidates—more than any other industry group and significantly more than all health-care-related contributions combined (see graph).

.....

THE COST OF MALPRACTICE LITIGATION

In noting that malpractice lawsuits "may be contributing to unnecessary costs" [emphasis added] in the health care system, the president was needlessly cautious. Thoughtful analysts of varying political stripes understand that litigation matters in explaining America's high cost of health care. The respected left-leaning health economist Uwe Reinhardt, for instance, singles out "our uniquely American tort laws" as one of four "prominent" reasons for "excess" health spending.

Trial lawyer lobby groups—the American Association for Justice and its assorted allies like Public Citizen and the Center for Justice and Democracy—regularly argue that litigation is an insignificant contributor to health care cost escalation because it only accounts for a tiny fraction of health costs. In making this argument, such organizations play the "denominator game": the tiny fraction they point to takes the total $2.2 trillion in U.S. health expenditures as its denominator and an absurdly narrow definition of health-care litigation as its numerator.

To begin with, such groups typically use as a numerator medical-malpractice losses as reported by insurance companies—numbers that ignore legal defense costs as well as the fact that most major health systems in the U.S. cover at least a portion of their medical malpractice losses without insurance. More comprehensive estimates by the insurance consulting firm Tillinghast Towers-Perrin place the total direct cost of medical-malpractice litigation at $30.4 billion annually—an expense that has grown almost twice as fast as overall tort litigation and over four times as fast as health-care inflation since 1975 (see graph).

This direct cost represents only a portion of the cost imposed by medical-malpractice lawsuits. "Defensive medicine"—"the application of tests and procedures mainly as a defense against possible malpractice litigation, rather than as a clinical imperative"—is widespread. In a 2005 survey published in the Journal of the American Medical Association, 93 percent of doctors said they had practiced defensive medicine and 92 percent said they had made unnecessary referrals or ordered unnecessary tests or procedures. The cost of defensive medicine likely exceeds the total cost of malpractice liability itself because doctors themselves bear the cost of any potential litigation (even if their insurance companies cover their losses, doctors must endure the time, stress, and reputational effects of dealing with the lawsuit), while they bear little cost for imposing extra tests and procedures (since patients with low-deductible health insurance are not price-sensitive, in part because the expenses are borne by their insurance companies).

Putting an estimate on the cost of defensive medicine is difficult. Many studies have extrapolated from a 1996 study by Stanford economists Daniel Kessler and Mark McClellan which found that tort reforms lowered costs by 5 to 9 percent without worsening health outcomes. Based on this study, PriceWaterhouseCoopers estimated that 10 percent of all health care spending is consumed by medical-malpractice-liability-related defensive medicine and insurance costs-a total sum of $210 billion, or almost one-third the difference between the cost of U.S. health care and that in other developed nations.


Some of my readers may remember a post I put up back in July titled Lawyers & ObamaCare: A Nice Return on Their Investment where I pointed out that Obama took in nearly $43 Million Dollars in contributions from lawyers during the 2008 election cycle making him the top recipient of campaign contributions from lawyers. I can't overstate the corrosive influence that the Trial Lawyers' Associations have on the political process in this country. Nutshell: its killing the Republic.

Sunday, September 20, 2009

45% of Medical Professionals May Retire if Obama/Dem Care Becomes Law

From Investors Business Daily comes this cautionary story about how the majority of MD's in the United States view the Democrat health plans now emerging from Congress


Grim Prognosis From Doctors Opposed To Health Care Plan

By TERRY JONES, INVESTOR'S BUSINESS DAILY
Posted 09/16/2009 07:07 PM ET


Doctor opposition to health care overhaul proposals is broad and deep, revealing concerns not just about soaring costs, declining care, possible rationing and a lack of limits on malpractice suits, but also about government competence and motives, detailed responses to a new IBD/TIPP Poll show.

As reported Wednesday, 65% of the 1,376 practicing physicians who responded to a mailed questionnaire over the last two weeks said they opposed health care plans that have emerged from the administration and Congress. Just 33% supported them.

Perhaps the most shocking result: 45% of these professionals said they would consider closing their practices or retiring early if the reforms now under consideration were enacted.

The questionnaires were sent out Aug. 28 to 25,600 doctors nationwide. The sample was purchased from a list broker, Lake Group Media of Rye, N.Y. One hundred of those responding were retired, and their answers were not included in the final results.

Our poll also invited those taking part to tell us the reasons why they didn't like the health care reforms — or, in the minority of cases, why they did. The outpouring of written responses IBD received — about 1,300 in all — was stunning.

Doctors Speak Up

Those in Washington would do well to pay attention to the 65% who don't like reforms, whom we will quote today. (Tomorrow we will give space to the minority of doctors who support reform.)

These opposing physicians' opinions will be significant for the upcoming debate over health care, since any program that's passed will depend greatly on the support of doctors.

That includes the new plan unveiled Wednesday by Sen. Max Baucus. This plan, which Baucus estimates will cost an estimated $856 billion over 10 years, includes health care "co-ops" to compete with private insurers, and will likely require large tax hikes on many Americans — including the middle class.

Given the proliferation of plans, we wondered: What is it that bothers doctors so?

21 Objections

In combing through the responses, we identified no fewer than 21 separate issues doctors felt either weren't addressed or weren't solved by proposed reforms. The issues are many, but boil down to three big categories: costs, controls and courts.

One complaint was common: Doctors feared any government reform would turn into a kind of "socialized" medicine. Some were quite blunt: "I oppose socialism in all its forms or incarnations ... government should be shrunk drastically, not expanded."

Senate Finance Committee Chairman Sen. Max Baucus, D-Mont., leaves his health care news conference on Capitol Hill. Baucus' $856 billion plan drew criticism from liberals and Republicans. AP

Senate Finance Committee Chairman Sen. Max Baucus, D-Mont., leaves his health care news conference on Capitol Hill. Baucus' $856 billion plan drew criticism from liberals and Republicans. AP View Enlarged Image

"No government 'option' or government-run program should be allowed," said another doctor. "It would ultimately lead to total government takeover of health care, with high costs and low quality."

The strong convictions of some came from a direct experience with socialism. "We came from a socialist country and we know socialized systems do not work!!!" wrote one emphatic physician.

Still others were adamant that any nationalized health care scheme — and a significant number see the plans emerging from Congress and the White House as just that — is against basic American constitutional law.

"This unconstitutional plan gives sovereignty over our bodies to unelected, unaccountable, ignorant bureaucrats," went one response along these lines. "Every governmental micromanagement of our lives has failed in its objective, and caused moral and economic bankruptcy."

But constitutional concerns were eclipsed by anger over the lack of tort reform — mentioned by hundreds of respondents. Physicians say they practice too much defensive medicine, which drives up costs, just to protect themselves from lawsuits.

The costs of this are enormous, though hard to precisely quantify. Estimates range from $100 billion to $200 billion in total added costs to both doctors and patients. Doctors in some specialties, such as neurology, pay as much as $250,000 a year for malpractice insurance.

Fear Of Lawyers

A number of our respondents used identical wording for why they didn't support health care reform: "No tort reform."

"The more lawsuits against doctors, the more testing is done," said one respondent, uttering a frequent complaint. "The government never interferes with lawyers — why? They are afraid, or they're all lawyers."

A big issue for others was efficiency. They fear government control would mean massive waste and interference with their practices. "All the efficiency of the post office, all the compassion of the motor vehicle bureau," quipped one doctor.

Another looming worry: exploding costs. With expectations that the government will spend upward of $1 trillion on reform, doctors fear the inevitable controls, including rationing, that will come to rein in costs down the road.

"A government-run plan will be too expensive and will not be effective," according to one physician. "The plan will expect doctors to take a lower fee for a given service. The private plans will follow, and outpatient medical services will be forced out of business."

This is "typical government, throwing trillions of dollars in one swoop to 'fix' the system," said another. "They need to slow down, dissect the system and fix it properly."

"There will be mandated protocols, long waits, rationing of care, infringement upon a doctor's right of conscience, abortion paid for by (tax) dollars, with eventual euthanasia and infanticide," said still another, voicing the ethical concerns of many.

The federal government's notorious lack of success in running enterprises of any size, let alone one as big and complicated as a health care system — was also cited frequently.

"Health care in the VA (Veterans' Administration) shows how well government can render care," said one. "It is disgraceful."

Gov't Can't Run Diddly

Others pointed to the troubles with government-run Medicare, Medicaid and Social Security, which are all verging on insolvency and now account for an estimated $51 trillion in unfunded liabilities over the next half-century.

Government-funded rail was a favorite foil — so was the Cash for Clunkers program. The House health bill "is 1,200-plus pages of miniature and legalese," joked one eye-sore physician. "Please recall 130 pages of forms for each 'cash for clunkers' transaction!"

"Government control? Give me a break," said another. "Look what they've done to Social Security, the Post Office, the bailouts, etc. Medicare and Medicaid are not paying doctors enough, and the paperwork to participate is huge."

Other irate docs agreed: "Government has proven unable to manage many other programs, including Social Security, Medicare, and the postal service. Why do they think they can (run) a health care program?"

"Government health care will wipe out the private insurance companies," said another. "Most of the doctors in private practice will give up ... because of a low reimbursement from the government. The Medicare, Medicaid program is a good example of government-run health care."

Still others railed against what they saw as the real villains: insurance companies. Anger at insurance companies, which are now the main brake on health care costs, was plentiful.

"Between the government and insurance companies, I now only collect 28% to 30% of billed charges. No other business can function at that rate," this doctor added.

As many noted, all of the plans now being discussed would require massive tax hikes — and debt.

Foreign Experience

Many of those who opposed the plan had a unique perspective: They had practiced or lived under national health care systems in other countries.

Their comments about the experience were often scathing. To paraphrase progressive journalist Lincoln Steffens, they have seen the future — and it doesn't work.

"I trained and worked in Canada prior to coming to the U.S.," went one typical letter. "The same arguments were used in Canada to launch 'universal health care.' It is anything but universal and free."

Others had similar complaints.

"I did two years of training in Canada — disaster. When the government needed money, it decided patients with a stroke would not get a hospital bed. I had to have interns carry hemiplegic (a condition in which half a patient's body is paralyzed) patients to their families' cars."

"I am a former Canadian and I am a physician," added another. "I know a lot about government-run health care. If it's so good, then all members of Congress, the president and all federal employees should be the first to try it."

'Real Horror Stories'

Yet another: "I don't believe Congress has the requisite knowledge to know what to do with health care. After experiencing Britain's health care system firsthand, I cannot feel anything positive about government-run health care."

"I grew up and was trained in Romania," still another physician said. "At the time, it was a communist country with a socialist medical system. The system continued after the communist regime fell. I find this socialist health care system a complete disaster with real horror stories being heard every day with huge limitations in health care and huge bureaucracy."

Others argued passionately on behalf of the quality of the U.S. health care system — while admitting it has faults.

"I have firsthand experience with European and Canadian national health plans — they stink," said one physician. "My medical training was at the Mayo Clinic where people came from all over the world. Why did they come? Because we have the best (care) in the world."

That was echoed by many others who wondered why 18% of the U.S. economy needed to be put under direct government control to cover the 40-million-plus uninsured — and how we could care for millions more people, while supposedly cutting costs, without increasing the number of physicians.

More Taxes, Debt

As many noted, all of the plans now being discussed would require massive tax hikes — and debt — for little real benefit.

"It will take away consumer choice, drive up health care costs, and drive down health care quality," said one. "It will sharply increase the demand for health care providers and sharply decrease the supply as doctors like me will retire early and students will avoid the field."

"No need to overhaul the whole system," summed up one doctor. "Just find a solution to the 47 million that have no insurance."

"Unless the government uses magic tricks," argued another, "it is impossible to care for 47 million uninsured people and lower the cost."

The disgust with the notion of a government-run system was almost palpable in some comments:

"The U.S. government is already bankrupt. Its health care plan is too expensive," said one typical comment. "The government will end up rationing health care. Taxes will surely go up for the middle and upper class. We are in a recession."

He added: "This is not a good time to increase government expenditures and increase taxes."

Friday: A second opinion — from the doctors who support reform.



Monday, August 10, 2009

Demoncrats recruit for MengeleCare on Craigslist

Also from Sammy at YidWithLid this piece on Obamastroturfers recruiting for MengeleCare on Craigslist:

Democrats Advertising For Pro Obama Protesters on Craigs List

The leadership of the Democratic party, along with their President and the Mainstream Media they control, have been making accusations about the people attending the town hall meetings. According to the Democrats, the people protesting the Obamacare are nothing but actors organized by the crazy right wing and the insurance industry. There is no proof for this charge because it isn't true.

The Democrats, on the other hand are advertising for paid actors to work for the passage of Obamacare, Newsbusters reports:

Take for example the following advertisement placed at the online website Craiglist Monday (h/t Patrick Ruffini):
**TALENTED LEADERS needed to work for health care reform $11-16/hour**

Or how about some of these identified by Dr. Melissa Clouthier Sunday (h/t Walt Gilbert)

Aug 7 – Make social change – Help Pass Obama’s Health Care Reform!!! – (Sacramento) img < href="http://www.fundforthepublicinterest.org/">The Fund for the Public Interest:
Fund For The Public Interest is a national nonprofit organization working to increase the visibility, membership and political power of the nation’s leading environmental and progressive groups.

The Fund was launched in 1982 to develop campaigns and technologies to engage Americans in public interest advocacy efforts. Through our fundraising and non-fundraising canvasses, we've gathered over 20 million petition signatures over the past 25 years and raised over $20 million for our partner organizations in the last year alone.

Current Fund partners like Sierra Club and Human Rights Campaign are expanding their donor base and passing tougher legislation against air pollution, forest clear-cutting, hate crimes, and special interest money in politics. We owe our success to the fusion of our staff’s grassroots organizing experience, cost-conscious attitude and work ethic with our partner groups’ issue expertise, initiative and vision.

Now, they're recruiting for folks to help pass ObamaCare
.
There is nothing illegal with their recruiting efforts, but the hypocrisy of the pro-Obamacare forces is just another example of the President's Chicago politics, place a false label on your opponents by accusing them of doing what you are doing.

Just another example of how the Democratic party does not really care what their constituents think. They just want to ostracize them.