HR4872–What is in the Health Care Bill
Friday, April 9th, 2010After a few weeks I finally got the Health Care Bill (HR4872) read. Not the “Fix It” bill. This is my breakdown of what is in the bill. The bill is over 2300 pages and very repetitive. In the instances where it repeated itself, almost word for word, I skimmed. The stuff in italics are my thoughts.
The last 300 pages of the bill deal with education. These pages concerning Pell Grants, Federal Stafford Loans, and Unsubsidized Stafford Loans lead me to conclude that the federal government will control the student loan industry.
Feel free to let me know if I missed anything in the bill. Just make sure to point out where (i.e. page number and line) in the bill it is.
· pp. 28-29: Annual Limitations
· pp. 29-30: Health Benefits Advisory Committee established. The members are to be appointed by the President of the United States.
· pp.37: “Uniform Marketing Standards” (Sounds like price fixing.)
· pp. 41: Independent agency created within the executive branch of the federal government called the Health choices Administration, which will be headed by the Health Choices Commissioner who is to be appointed by the President.
· pp. 102: Automatic enrollment of individuals into Medicaid.
· pp. 107: Special Inspector General appointed by the President
· pp. 109: Set up of a trust fund—There are several of these throughout the bill
· pp. 110: Tax on individuals who do not have adequate health insurance—The Secretary of Health & Human Services determines what adequate insurance is.
o Tax on businesses that do not provide adequate coverage
o Excise tax on those who fail to meet certain health coverage requirements
· pp. 111: States wishing to have their own insurance exchanges need approval from the Commissioner, who can also rescind his approval at any time.
· pp. 116: First mention of the Public Health Option.—Basically this is the government run insurance option.
· pp. 141: reporting significant changes in income
· pp.143: Employer responsibility—Must provide or contribute to health coverage
· pp. 162: Enforcement of Health Coverage participation requirements—Civil penalties on those who do not comply
· pp. 164 line 23: Coordination with excise tax
· pp. 167: tax on Individuals without acceptable healthcare coverage
· pp.197: Surcharge on high income individuals.
· pp. 289 line 11: Reducing Medicare payments to hospitals with readmissions.
· pp. 338: Secretary (of Health & Human Services) allowed to use audits to ensire compliance from hospitals
· pp.339 line 16-24: “INSTITUTE OF MEDICINE STUDY OF GEOGRAPHIC ADJUSTMENT FACTORS UNDER MEDICARE. IN GENERAL.—The Secretary of Health and Human Services shall enter into a contract with the Institute of Medicine of the National Academy of Science to conduct a comprehensive empirical study, and provide recommendations as appropriate, on the accuracy of the geographic adjustment factors established under sections”
· pp. 343 line 15: study on geographic variation in per capita health care spending among medicare & privately insured populations
· pp. 415 line 9: Grants to Medicare providers and communities with racial & ethnic minorities
o pp. 417 line 13: Community organizers seem to get priority
· pp. 434-440: Advanced Care Planning for all individuals is mandatory. And, yes, the Death Panels are still there. It is called “end of life counseling”, but the fact that this counseling is required concerns me.
· pp. 509 line 19: Advisory Committee on Immunization Practices established. This is a bureaucracy where the members will be chosen by the Secretary of Health and Human Services (always referred to as “the secretary” in the bill).
· pp. 512 line 20: Establishment of Center for Comparative Effectiveness Research—to research how illnesses can be prevented. (read pp.513 lines 8-14)
· pp. 514 line 3: Establishment of Electronic Monitoring of health records & surveillance.
· pp. 519: Civil money penalties imposed on nursing facilities who do not comply with the new federal regulations. (To know all of the new regulations read the part about nursing facilities in the bill.)
· pp. 618: The secretary, Inspector general of the Department of Health and Human Services given authority to set of a “pilot program” to implement an independent monitoring system to oversee interstate & large interstate chains of nursing facilities.
· pp. 631: another bureaucracy set up. The National Priorities Concerning Nursing facilities.
· pp. 646-647: Physicians who receive payment from “applicable manufacturer or distributer” has to submit to the Secretary a form with “respect to the covered recipient,the recipient’s name, business address, physician specialty, and national provider identifier…” and the list goes on.
· pp. 650 line 21: “REPORTING OF OWNERSHIP INTEREST BY PHYSICIANS IN HOSPITALS AND OTHER ENTITIES THAT BILL MEDICARE.”
· pp. 654: Special rules concerning things that are not made public.
· pp. 665: reporting of health care associated infections in hospitals & ambulatory services. (Why does the federal government need to be in charge of this?)
· pp. 671: Distribution of unused residency positions regarding Medicare Graduate Medical Education. The Secretary of Health and Human Services seems to be granted the authority to decide how many residents train at hospitals even for primary care.
· pp. 740: Billing Agents, Clearing House, or other “alternate players” required to register under Medicare
· pp. 840: Fees imposed on insured and self-insured health plans.
· pp. 846: taxes imposed on certain insurance policies.
· pp. 849: Voluntary home visitation for families with young children or expecting children. (Why is the government even talking about home visitations and what is to keep it from becoming mandatory later on?)
· pp. 868: Public Health and Workforce Development (Not sure what this is supposed to be other than another Bureacracy.)
· pp. 894: Awarding of grants to medical students. Preferences is to be given to those in primary care who are minorities, or those serving in areas experiencing “health disparities”, supporting teaching programs that address health care needs of “vulnerable populations”.
· pp. 911: Establishment of a Public Health Workforce Corps. that is supposed to ensure the adequate supply of public health professionals throughout the nation.
· pp. 926: Adapting Workforce to Addressing Health System Needs
o Part 1 is about health professions training for diversity
· pp. 932: Another bureaucracy is set up. The Advisory Committee on Health Workforce Evaluation & Assessment
· pp. 949: Task force on Clinical Prevention Services established
· pp. 956: task Force on Community Prevention Services
· pp. 977: Quality & Surveillance—supposed to ensure quality of medical care
· pp. 985: the Assistant Secretary for Health Information is required to collect data and report on the nation’s health and health care.
· pp. 993: Drug discount for rural and other hospitals. (How we are to pay for that doesn’t seem to be mentioned.)
· pp. 1005: School Based Health Clinics set up.
· pp. 1034 line 19: Public option created to compete with private plans in the Health Insurance Exchange.
o pp. 1036 line 3-6: “shared responsibility among workers, employers, and the government; so that all Americans have coverage of essential health benefits.”
· pp. 1047: Get to keep current plan as long as no changes are made in it & that it was in effect before the bill is in full effect.
· pg 1092: The Secretary will conduct a study to encourage the use of electronic health records.
· pp. 1106: reinsurance program for retirees
· pp.1136: A commissioner specifies benefits to be made available under the insurance exchange.
· pp. 1156: Appointment of a special inspector general for the health insurance exchange.
o this inspector is to be made by the President of the United States without the consent of the Senate.
· pp. 1162: Individual states can apply to the Commissioner to have their own insurance exchange that is separate from the federal one, but they have to have approval from the federal government.
· pp. 1167: Another mention of the Public Health Insurance Option to compete with private plans in these insurance exchanges.
· pp. 1174: Prescription drug rates are to be negotiated with the Secretary of Health and Human Services that are not paid for under Medicare. (This sounds a bit like price controls to keep drug prices artificially low.)
· pp. 1176 line 16-24: The authority of the Secretary of Health and Human Services to set payment rates for physicians not under Medicare cannot be challenged by Judicial or Administrative review.
· pp. 1193 line 1-25: Individuals and families who receive credits for insurance must report to the government any changes in income
· pp. 1199: This is where the section of “Shared responsibility” starts. It appears that under this section employers and individuals are to share the responsibility of making certain that the individual has adequate and affordable health insurance.
· pp. 1212: Civil penalties for employers who fail to meet requirements in providing health care to employees. (This basically makes it mandatory that all employers, whether from big or small businesses, must provide some sort of health insurance to their employees, even if they cannot afford to.)
· pp.1215 line 20-21: Employee tax imposed on employers who do not comply with health coverage requirements. This pertains to the National Health requirements.
· pp.1216 line 4-7: Excise tax on employers who do not comply. This also pertains to the National Health Requirements that are in the bill.
· pp.1224: Tax of 2.5% imposed on individuals without acceptable coverage.
· pp. 1232: Reporting your insurance on tax returns.
· pp. 1237 line 4-13: Penalty of $100 a day for each day an employers fails to meet Health Coverage Requirements.
· pp. 1240 lines 1-8: An excise tax is to imposed on employers who choose not to participate in the Health Coverage Requirements.
· pp. 1253: Surcharge on high income individuals
o 1% on those making between $350,000-$500,000
o 1.5% on those making between $500,000-$1,000,000
o 5.4% on those making $1,000,000 or more
o Taxpayers not filing a joint return will pay:
§ 50% of each dollar amount if married and filing separately
§ 80% of dollar amount in any other case.
· pp. 1369 line 17: Physician Identification Numbers
· pp. 1447: Begins Medicare & language studies & provisions for non-English speakers.
· pp. 1476: Extended months of coverage of drugs for kidney patients. (It is interesting that there is a provision in the bill to extend coverage of drugs for kidney patients. If everything in this bill is supposed to be affordable, then why must there be a provision in here to ensure drug coverage. And not just ensure it, but extend it. Could this be the beginning of rationing.)
· pp. 1480: Another mention of Advanced Care Planning and it’s mandatory participation including the “end of life” counseling.
· pp. 1484: The frequency of individual participation in Advanced Care Planning increases as health changes.
· pp.1488: Secretary of Health and Human Services determines the quality measures for end of life care and Advanced Care Planning (referred to as ACP).
· pp.1491: Provision for the Secretary of Defense to devise a method of identifying individuals who are eligible for enrollment for Tricare, but have not enrolled and informing them of their eligibility. (If they are doing this for Tricare, what is to stop them from doing the same for other health insurance programs?)
· pp. 1499-1510: Authority given to the Secretary of Health and Human Services to establish a program to promote primary care, mental health services,& coordinated care without judicial review or any challenge. (This is the second instance where the Secretary is allowed complete control over something and cannot be challenged. Sounds more like a power grab than anything else.)
· pp. 1545: Provision for Coverage for Marriage and Family Therapist Services. (Apparently the government want to make sure that beside physical health, we are also provided with mental health. However, All of the provisions for counseling can easily be used to control people.)
· pp. 1885: Fee imposed on specified insurance policies.
· pp. 1886: Fee imposed on self-insured health plans
· pp. 1893 lines 13-22: States can apply to the Secretary of Health & Human Services for a grant to provide home visitations for children and families expecting children.
· pp. 1902 line 20-24: States that receive such grants must submit reports to the Secretary of Health & Human Services concerning home visitations.
· pp. 1920: This talks about obligated service in the Primary Care Workforce. (I’m not certain who all is required to be part of this obligated service.)
· pp.1925 lines 8-14: The Secretary if Health & Human Services can set up Frontline Health Providers Loan Repayment Program
· pp. 1958 line 17-24: Establishment of Public Health Workforce Loan Repayment Program
· pp. 1990 lines 5-12: The Secretary (of Health &Human Services) has to provide to Congress and National Strategy of improving the Nation’s Health.
· pp. 1992: Establishment of a Task Force on Clinical Prevention Services
· pp. 2056 line 21-24: National Medical Device registry
· pp. 2098: Section of House Committee on Education And Labor begins
o This section seems to deal with Grants and financial aid to college students
· pp. 2152: Section on Student Loans—This seems to be mostly amendments to an earlier section of the bill.
· pp. 2205 line 14: Grants for Public School Facilities
o pp.2214: Alabama, Mississippi, & Louisiana get supplemental grants to improve the structure of their schools
· pp.2221 line 3: Begins a section of funding for “Green Schools”
· pp. 2227 line 7: Establishment of Advisory Council on Green, High Performing Public School Facilities.
· pp. 2241 line 19: Begins section on Early Learning Challenge Fund
pp. 2301 line 12-23: “OPEN ONLINE EDUCATION.—From the amount appropriated to carry out this section, the Secretary is authorized to make competitive grants to, or enter into contracts with, institutions of higher education, philanthropic organizations, and other appropriate entities to develop,evaluate, and disseminate freely-available high-quality on
line training, high school courses, and postsecondary education courses. Entities receiving funds under this subsection shall ensure that electronic and information technology activities meet the access standards established under section 508 of the Rehabilitation Act of 1973 (29 U.S.C. 794d).”
