October 1, 2012 Legislation



The watchdog group Cause for Action has stated the rules for Sebeilus' breach of the Hatch Act is either suspension or ouster.  Obama, who is above all, states he will let it slide.  Congress may now call for her impeachment.  This will take time and energy away from the work that needs to be done and will be squarely on Obama's shoulders for not heeding the law.  The Democratic National Committee also committed a faux pas illegality when they loaned money to the HHS to pay for a political activity done be Sebelius.  When directly asked about the felony the White House stated they will do nothing.

Obama has ruled that illegal aliens who get immigrant status due to his unilateral fiat will not get any healthcare benefits paid by the government, Medicare, Medicaid or CHIP as well as Obamacare.  They are not even eligible to privately purchase the healthcare insurance.  This is obviously a political decision so he will not have to defend in any debate his actions.

The CBO has stated that approximately 30 million people will be "taxed" under Obamacare for not having insurance.  This is significantly higher than the original 21 million the CBO predicted earlier and is due to the Obama economic policies.  However, only about 6 million will actually pay the tax. 

The IRS has said they will collect but will not go after those who do not pay their "tax".  They will not audit nor penalize those who do not pay.  It will send notices to those who do not pay. 

The administration has begun to require health insurers to provide to their consumers easy to understand brochures explaining their benefits.  They all must be alike so consumers can make side by side comparisons.

Sebelius and Holder have teamed up to warn hospitals not to use EMR to upcode.  They do not want copy and paste in EMR to be a basis for the coding.  The hospitals have replied that the Feds do not come with clean hands.  Much of the problem falls directly on them.  The Fed is not doing their duty by giving clear guidelines.  

Governor Brown of California has signed into law several bills relating to healthcare.  AB472 allows no prosecution for addicts who OD as long as they get medical help.  AB1731 mandates cardiac screening for all newborns starting in 2013 and for all hospitals by 2016. Parents may refuse. Brown also signed SB1186 that changes some of rules on ADA violations.  The maximum fine is now $1000, down from $4000, and lawyers can not demand payments for problems pre-litigation. Another new law which will go into effect nest April 1, physicians must tell women if they have dense breasts so they know their mammograms may be inaccurate.  

New York has fined Oxford Health $665,000 for not telling their customers the whole truth and not being transparent.          Top



DISCLAIMER: Although this article is updated periodically, it reflects the author's point of view at the time of publication. Nothing in this article constitutes legal advice. Readers should consult with their own legal counsel before acting on any of the information presented.