H.B. 3200
Posted by | Filed under Politics
A relative of mine recently forwarded the following email to me:
Here are some specifics on the proposed “health care bill.” If anyone is “okay” with any of this crap, they are insane. It’s time to call our congressman’s. offices and tell them we do not want them to support this health bill. No matter what party you belong to, this is bul-#@@ of the highest order.
Here is a very clear view about the problems our congress is having with the so called “healthcare reform” bill!
IF YOU DON’T READ THEM ALL.… BE SURE TO LOOK AT 58–59.
Subject: Judge David Kithil on the healthcare reform bill:
The article is in the Marble Falls, Texas newspaper. It was written by a former county judge, David Kithil. He voiced his opposition to HB 3200, and gave EXACT SPECIFICS, to include page and paragraph in the bill on why this Health Bill is BAD.
Here are excerpts from the article, giving EXACT pages and paragraphs in the bill and why it is so bad. You can forward this to all of your addressees. I think he hits everything right on the head and the opposition you may encounter cannot argue over these points:
JUDGE KITHIL: “I have reviewed selected sections of the bill and find it unbelievable that our Congress, led by Speaker Nancy Pelosi, could come up with a bill loaded with so many wrong-headed elements. We do need to reform the health insurance system in America in order to make coverage affordable and available to everyone. But, how many of us believe our federal government can manage a new program any better than the bankrupt Medicare program or the underfunded Social Security program?
Both Republicans and Democrats are equally responsible for the financial mess of those two programs.
I am opposed to HB 3200 for a number of reasons.
To start with, it is estimated that a federal bureaucracy of more than 150,000 new employees will be required to administer HB3200. That is an unacceptable expansion of a government that is already too intrusive in our lives.
If we are going to hire 150,000 new employees, let’s put them to work protecting our borders, fighting the massive drug problem and putting more law enforcement/firefighters out there.”NOW, here comes the good stuff: “Other problems I have with this bill include:
Page 50/section 152: The bill will provide insurance to all non-U.S. residents, even if they are here illegally.
Page 58 and 59: The government will have real-time access to an individual’s bank account and will have the authority to make electronic fund transfers from those accounts.
Page 65/section 164: The plan will be subsidized (by the government) for all union members, union retirees and for community organizations (such as the Association of Community Organizations for Reform Now — ACORN).
Page 203/line 14–15: The tax imposed under this section will not be treated as a tax. (How could anybody in their right mind come up with that?)
Page 241 and 253: Doctors will all be paid the same regardless of specialty, and the government will set all doctors’ fees.
Page 272. section 1145: Cancer hospital will ration care according to the patient’s age.
Page 317 and 321: The government will impose a prohibition on hospital expansion; however, communities may petition for an exception.
Page 425, line 4–12: The government mandates advance-care planning consultations. Those on Social Security will be required to attend an “end-of-life planning” seminar every five years.
Page 429, line 13–25: The government will specify which doctors can write an end-of-life order.”
HAD ENOUGH???? Judge Kithil then goes on: ” Finally, it is specifically stated this bill will not apply to members of Congress. Members of Congress are already exempt from the Social Security system and have a well-funded private plan that covers their retirement needs. If they were on our Social Security plan, I believe they would find a very quick “fix” to make the plan financially sound for the future.”
Honorable David Kithil, Marble Falls, Texas.
I decided to seek out an online copy of the bill to get an idea of how accurate Mr. Kithil’s claims might be, as his claims sounded like a load of hogwash to me. A quick google search turned up a copy of the bill over at OpenCongress.org which I’ve used to make my comparison of the bill to Mr. Kithil’s claims.
- “EXACT SPECIFICS, to include page and paragraph in the bill on why this Health Bill is BAD”.
- Page/paragraph numbers are useless for comparison without having an identical print copy. If Mr. Kithil had legitimate complaints with specific parts of the bill, why didn’t he reference them all by their Sections/Sub-section headings or perhaps even by including quotes from the bill so other people could see exactly what part of the bill he was talking about?
- I also find it interesting that Mr Kithil apparently wrote such an amazing article against H.B. 3200 that people are feel the need to forward it to everybody they know, and yet they don’t forward the entire article that he wrote.
- I attempted to do some digging into whether any such article was written by a David Kithil of Marble Falls, TX but have not been able to find anything except references to this email chain-letter.
- “it is estimated that a federal bureaucracy of more than 150,000 new employees will be required to administer HB3200“
- If the Far Right was interested in backing this bill; this comment would instead be about how the bill will help out our struggling economy by creating jobs. But since they don’t like the bill, it’s about waste. Also, where is Mr. Kithil getting this estimate from? By failing to quote a source, it makes one wonder if he didn’t just pull a high out of thin air to try and make people panic over the bill.
- “Page 50/section 152: The bill will provide insurance to all non-U.S. residents, even if they are here illegally.“
- Section 152 is titled PROHIBITING DISCRIMINATION IN HEALTH CARE and nothing in it guarantees coverage to illegal aliens. Additionally, a later portion of the bill, SEC. 246. NO FEDERAL PAYMENT FOR UNDOCUMENTED ALIENS, specifically forbids the bill from paying for health-care for illegal aliens.
- “Page 58 and 59: The government will have real-time access to an individual’s bank account and will have the authority to make electronic fund transfers from those accounts.“
- As best as I can tell, Mr. Kithil is referring to SEC. 164. ADMINISTRATIVE SIMPLIFICATION. ‘SEC. 1173A. STANDARDIZE ELECTRONIC ADMINISTRATIVE TRANSACTIONS. (4) © which reads “enable electronic funds transfers, in order to allow automated reconciliation with the related health care payment and remittance advice;” And if we apply a bit of thought to what that says, it’s really no different from using your debit card to buy milk at the grocery store. Thanks for pointing out the obvious there, Mr. Kithil.
- “Page 65/section 164: The plan will be subsidized (by the government) for all union members, union retirees and for community organizations (such as the Association of Community Organizations for Reform Now — ACORN).“
- I will note that section 164 is SEC. 164. ADMINISTRATIVE SIMPLIFICATION and everything I see under it appears to be talking about how the plan is to be run. But there is nothing I can find in the bill which seems to support Mr. Kithil’s claim that the plan will be subsidized for union members, union retirees and for community organizations. If Mr. Kithil or another opponent of this bill can find me the relevant portion of the bill which makes up the basis of this claim, I’ll be happy to revisit it.
- “Page 203/line 14–15: The tax imposed under this section will not be treated as a tax. (How could anybody in their right mind come up with that?)“
- PART VIII–HEALTH CARE RELATED TAXES, Subpart A–Tax on Individuals Without Acceptable Health Care Coverage, SEC. 59B. TAX ON INDIVIDUALS WITHOUT ACCEPTABLE HEALTH CARE COVERAGE., (e) Other Definitions and Special Rules-, (6) NOT TREATED AS TAX IMPOSED BY THIS CHAPTER FOR CERTAIN PURPOSES — “The tax imposed under this section shall not be treated as tax imposed by this chapter for purposes of determining the amount of any credit under this chapter or for purposes of section 55.” So basically for tax purposes, this particular tax cannot be used in calculating tax credits. Big whoop, our tax system is nearly as confusing and broken as our health-care system. Is it really any surprise that something like this is in the bill?
- “Page 241 and 253: Doctors will all be paid the same regardless of specialty, and the government will set all doctors’ fees.“
- Again the lack of proper documentation of Mr. Kithil’s argument, but my best guess is he’s referring to some language in the bill that the Secretary must negotiate rates for health-care items/services such that the government will not pay less than the rates already set in the Social Security Act and not more than the average of other QHBP. Again, this is fear-mongering on the part of the Far Right and if they were supporting the bill; they’d point out this bit as being fiscally responsible on their part.
- “Page 272. section 1145: Cancer hospital will ration care according to the patient’s age.“
- (18) AUTHORIZATION OF ADJUSTMENT FOR CANCER HOSPITALS- What this portion of the bill really does is give the Secretary the ability to study the costs of payments to cancer hospitals and if it is determined that these specialty hospitals are charging more for the same services as general hospitals, then the Secretary has the authority to adjust payments to these cancer hospitals to reflect those costs. Which sounds more like this bill would have the government picking up more of the expense for patients going to a cancer hospital, and that sounds good to me.
- “Page 317 and 321: The government will impose a prohibition on hospital expansion; however, communities may petition for an exception.“
- I’m shocked as for the first time since I started reviewing Mr. Kithil’s claims, this one appears to be entirely accurate. It appears he is making a reference to © PROHIBITION ON EXPANSION OF FACILITY CAPACITY. But where he sees a problem, I see a necessary step towards reform. When you’re trying to restructure something as complicated as the US health-care system, you’re much better off minimizing the number of variables you have to deal with. Hence, the prohibition on expanding health-care facilites. However since having those facilities can mean life or death to patients; the creators of this bill have included provisions for health-care providers to ask for an exemption. Why exactly Mr Kithil finds this to be a problem is not made clear in the email, and I would be happy to discuss his complaints on this point if he cares to make them.
- “Page 425, line 4–12: The government mandates advance-care planning consultations. Those on Social Security will be required to attend an “end-of-life planning” seminar every five years.“
- While there is language in this bill for advance-care planning which includes mention of end-of-life planning; the way it’s written, it’s clear the intention is to make the patient aware of what palliative, hospice and other care services the health-care provider offers which would naturally be of importance for a person reaching the end of their lifetime. Are those consultations going to be filled with happiness & joy? Probably not. Is it a good idea to put information in the hands of people who will need? Definitely.
- It’s also good to point out that under SEC. 138. INFORMATION ON END-OF-LIFE PLANNING, (b) “Nothing in this section shall be construed-“
- “to require an individual to complete an advanced directive or a physician’s order for life sustaining treatment or other end-of-life planning document;”
- “to require an individual to consent to restrictions on the amount, duration, or scope of medical benefits otherwise covered under a qualified health benefits plan; or”
- “to encourage the hastening of death or the promotion of assisted suicide.”
- “Page 429, line 13–25: The government will specify which doctors can write an end-of-life order.“
- The phrase “end-of-life order” never appears in this bill and after searching through the bill, I cannot find any similar phrase to indicate the government can have doctors write such a thing.
- On the other hand, there is language throughout the bill specifically detailing how assisted suicide it completely forbidden.
So hopefully now that you have links to not only the bill itself, but all the relevant portions of the bill, you will take the time to actually read the bill and see if it something you should support or not (rather than blindly forwarding on something without researching it).
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November 23rd, 2009 at 8:11 am
email debunked.
I hope you hit ‘reply to all’?
November 24th, 2009 at 7:12 am
Maybe I should have, but I didn’t. Partly because I didn’t want to make waves with the relative who is rather important to me. And partly because I wasn’t sure how the other people who also got forwarded this bit of garbage would react.
Besides It’s one thing for me to spout off my opinions to an individual to those people who have some interest in what I have to say (e.g. anybody who visits this site) but quite another thing to hi-jack somebody else’s email thread.
January 19th, 2010 at 11:07 am
Your analysis parallels my own so I would declare it spot on. I also read the bill in response to receiving this forwarded email. Kithil’s interpretation of the cancer hospital bit was particularly laughable — except that too many gullible people are swallowing it hook, line and sinker.… BTW, I did hit “reply all” when debunking the points. People seem to be drawn to the “judge” title, IMHO. However, they forget that some judges are elected, which is no true indicator of judicial ability. Additionally, some magistrates call themselves “judge” and, depending on governing state law, may not be required to have a law degree, which casts doubt on their particular ability to interpret legal documents.
Bottom line, John Q Public needs to stop reading this bunk and learn to read for themselves.
And finally, has anyone stopped to consider that this is simply the House bill and that what’s likely to come out of conference is likely to have significant modifications.
December 1st, 2009 at 11:01 am
Good work.I wish you had been a little quicker. It would have saved me two hours of quick research yesterday which I did in order to respond to a family member. My conclusions were the same as yours.The real question is how anyone could choose to believe that this former county judge would discover such astonishing provisions that responsible conservative think tanks had failed to find.Or,if any of it were true wouldn’t the Wall Street Journal,rather than the local Texas paper,break the news? The sad answer is that Kithil’s sort of misinformation is not created for those in the market for facts;it caters to those who need a dogma “fix” J Morris,Esq.
February 18th, 2010 at 11:11 am
With advisors who state “you are not a viable human until you reach the age of 14″ or “rationing medical care to the aged is acceptable” in their papers, speeches make one tend to believe they are truly monsters.
February 18th, 2010 at 11:23 am
Funny but the only place I’ve seen anything even close to what you just mentioned are in press releases from right-wring propaganda machines. If you have a reliable source for this information, feel free to post links to it. Otherwise, I’d rather you didn’t try to move these comments into an emotional fire fight from the reasonable conversation they have been.
January 10th, 2010 at 10:51 pm
Thanks for posting this. My Mom sent me this and is convinced it’s true. I am amazed that people will continue to believe this tripe from unknown and dubious sources. This is exactly what I need to reply to her as I assured her it was bunk and would let her know what I could find out.
February 18th, 2010 at 11:05 am
I would suggest you read the bill yourself rather than “believe” either side. Your mom believes one side and you the other neither of you have read the bill but simply believed what is your personal choice to believe.
February 18th, 2010 at 11:29 am
I agree that furiousd should definitely read the bill and form his own opinion. However it sounds like when furiousd fully intended to go out and read the bill, so he could share his opinions on it with his mother. Perhaps by this time (over a month after furiousd commented) he has read the bill and made an informed opinion.
January 10th, 2010 at 10:52 pm
I will simply add that I wish everyone would reply this to all, as this is whole “Judge Kilith” letter has spread like wildfire throughout the internets, and most people who want to believe it, will.
January 12th, 2010 at 11:53 am
I did a (very) little research yesterday and found that David Kithil DOES exist. However, I checked with the newspaper (providing a copy of Kithil’s purported letter) this morning and had this reply:
——————————-
Sorry, we can find no such letter in our files.
Phil Schoch, Executive Editor/General Manager
Highland Lakes Newspapers
830–693-4367, ext. 226
phil.schoch@highlandernews.com
January 18th, 2010 at 1:04 pm
I checked out the newspaper first, and discovered that while Kithil does exist, as the managing editor states, the only story regarding him involves a disputed federal land claim many months ago. There is absolutely NO reference to this phony letter.
To make things even more interesting, the copy of the letter that was sent to me stated that the letter was printed in, I believe, the August 17th edition (I no longer have that copy of the letter, so can’t confirm the exact date now). When I checked out the newspaper, I discovered that it only comes out Tuesdays through Thursdays, and that the Aug. 17 date was a Monday.
As someone above stated, people who WANT to believe this, will, seemingly regardless of proof, evidence that it’s a lie, and so on. It makes me sad and angry at the same time.
January 23rd, 2010 at 12:56 pm
I was suspicious, too, as soon as I read ” Cancer hospital will ration care according to the patient’s age” — that should have been “hospitals”.
You’re definitely right about not using section numbers. Page numbers are useless. And they come out with a new version — both House and Senate — every few weeks.
There is a judge named David Kithil — Burnet County, TX.
There’s more than enough wrong with this monstrosity of a bill without having to come up with fake items.
February 18th, 2010 at 3:43 pm
Barbara, the health reform bill has ALWAYS stated that if you like the plan you have now, you can keep it. It has NEVER involved forcing people to choose a specific plan…not even members of Congress.
If they like their plan , they can keep it. If you like yours, you can keep it. If you don’t, you can change plans.
This bill goes nowhere near far enough, IMO, toward genuine reform or cost savings. But it is a start. My idea of real reform involves a single-payer plan–and we could start by expanding Medicare. But that would be entirely too simple, I guess.
February 24th, 2010 at 8:53 am
Mark, thanks for the effort in debunking this. I am the CEO of a very large practice (28-physicians) and garbage like that found in this email is really affecting the arguments for valid healthcare reform. I have spent many hours doing the exact same thing you have done for my relatives just to explain the points of the bill. It is really sad to think that the Republicans, the original proponents of many elements of this bill over the past 15 years, are now totally twisting the facts to defeat the progress being undertaken. Keep up the good work!
February 28th, 2010 at 9:53 am
Unfortunately — our “elected” officials (Democrat and Republicans) don’t care about OUR best interest anymore. Maybe when they are first elected.….but it doesn’t take long for that to change. I feel that the government is already in our lives TOO much. Yes, we do need health care fixed, but remember these are the people who fixed it where it is now. We are being taxed to dealth already and they haven’t managed to use our taxes for the good of the people (all of us not a selected few). I am over 65 and shudder to think what will happen to my great grandchildren and generations after that.
March 5th, 2010 at 8:58 am
Why doesn’t anyone mention that the insurance companies charge more premiums because the cost of health care (hospitals, doctors, etc) is higher because of lawsuits which insurance companies have to pay, etc, etc. It’s like a dog chasing it’s tail and of course the consumers have to pay the cost. If they can’t tax income higher they will just tax other things.……gas, clothing, utilities ( have you ever looked at your taxes on your gas or electric bill) and eventually they will get around to taxing all of our food.
March 7th, 2010 at 7:29 pm
Judy, Your comment about the lawyers causing higher insurance premiums is spot on. What you may not know is that the Democrats, from the Whitehouse on down, have continuously refused to include ‘tort reform’ in the new health plan. Tons of articles have been written about the numbers of 90% to 97% of all lawyer donations to candidates, goes to Democrats. Follow the money. The insurance companies don’t care, they simply add more to the premiums so they always win. When the number grows, their % mark-up means more dollars in their pocket, from our pocket.
March 8th, 2010 at 6:44 pm
Really, you’re going to bring up tort reform/malpractice insurance as an argument against health care reform? Seriously? Don’t you realize that sort of reform will save at most 2.3%?
@ E mo: That’s inaccurate. Obama has said on 17 Sept 2009 of last year that he’s willing to work on tort reform.
March 9th, 2010 at 1:29 pm
I see that you “debunked” everything except the part where this new healthcare reform applies to everybody except Congress. Care to elaborate?
March 9th, 2010 at 1:56 pm
You’re quite right; I forgot to talk about that bit of the original email. Sorry about that.
I just went back through the bill, and I see nothing in it which specifically states that this bill applies to everybody except Congress. The closest I can see to anything even remotely like that would be Protecting the choice to keep current coverage. And that section of the bill was put in there to allow anyone who wants to keep their existing coverage to do so; which makes that section a protection of the bill for people who like their existing coverage.
Do I think Congress is going to dump their existing health coverage for whatever watered down version the Republicans will let pass? No.
Do I think the bill would give more rights/power/protection to the average person if Congress was forced to take the same coverage? Yes!
Do I think any language in the bill forcing Congress to take the same coverage as the rest of us would actually make it through to a final version of the bill? No.
February 18th, 2010 at 11:03 am
Why is this bill not available to view? I googled it, I went to democrats congressmen/women’s web sites and they do not have it. I would truly like to read this bill because you all lie to glibly for me to trust what you say. So could I please have a site address to go to to view this Health Reform (I use this term loosely) bill HB3200
Thank you
February 18th, 2010 at 11:09 am
yes it will be different however, every time they redo it it becomes worse for the people. I think if the congress is going to reform health care they should join the rest of us. If we are subjected to it so should they.
February 18th, 2010 at 11:34 am
I suggest you try reading full posts and comments before you make start claiming people are lying. For example, if you’d bother to read through my entire post on HB3200; you would have found I linked to the version of the bill I used in my analysis of the letter purported to have been written by a former county judge from Texas. Since you missed the link, here it is again for your benefit: http://www.opencongress.org/bill/111-h3200/text
February 18th, 2010 at 11:36 am
All that I’ve heard about how they’re changing does actually make it sound like it will be worse. Worse in that the American people will get less protections and less coverage under the newer versions while the insurance companies will get to make more & more profits (like the 56% increase in profits they squeezed out of the American people last year). Health care should never be about profit/loss but should be about quality of life.