How does the healthcare reform bill threaten our liberties?

       "Remember Lady Liberty?"  -By Michael Schaus

Part 3 of “what we aren’t supposed to know about healthcare reform":

To what degree are you willing to sacrifice your personal liberty and freedom to obtain, for the general welfare, a sense of security and stability? Our Founding Fathers dreaded the thought of democratic rule because of their knowledge that the tyranny of the majority would be an insult to the object of liberty. But, with the healthcare reform bill as proof, our legislative branch has threatened the very limitation of power they are supposed to exercise. The over-reaching and intrusive nature of the proposed bill, and quite frankly the notion that government control over our healthcare system would be beneficial, intrudes upon your life in many more ways than first imagined.

As proposed, the reform to healthcare would set limitations and restrictions upon the manner in which insurance companies are allowed to operate. (I am certainly no apologist for the insurance companies; but their controlled behavior will bring with it consequences to consumers of their products, and the system as a whole.) As is illustrated in my first article, the ability for the insurance companies to operate in cost-effective ways will be severely diminished by the regulations congress seeks to place upon them. Their restricted options in providing healthcare will be seen on the public level by the inflated cost, and consequently less insured individuals throughout the country. As illustrated in the previous article, affordable options for average Americans will vanish; ultimately creating a larger gap between those of us who can afford insurance, and those of us that cannot. Recently Barack Obama has implied he is willing to eliminate the “public-option” from his list of requirements; but without such an “option” in the bill, all that will happen is more Americans will find themselves unable to find affordable coverage. This will ultimately lead to a public option (if not single payer) further down the road.

But aside from the simple issue of cost, it is necessary to recognize the extent to which government control will infringe upon the privacy of citizens. Already democratic lawmakers are demanding profit reports and accounting records from insurance companies across the country. These companies have not received any funds, assistance, or aid from the government; yet are expected to publicly disclose their profit reports to a populous and pandering leadership in Washington? The Washington elite already seem to think it acceptable to demand whatever they see fit from private companies. How much longer until they demand whatever they want from private citizens?

The IRS, through this bill will be granted the right to enforce the mandate of insurance on, not only businesses, but private individuals. As written in the bill, Pages 167 and 168, section 401:

‘‘(a) TAX IMPOSED.—In the case of any individual who does not meet the requirements of subsection (d) at any time during the taxable year, there is hereby imposed a tax equal to 2.5 percent of the excess of—
(1) the taxpayer’s modified adjusted gross income for the taxable year, over
(2) the amount of gross income specified in section 6012(a)(1) with respect to the taxpayer. . . .”

Not only are you taxed for not having “acceptable” coverage (for any period of time) but the government will be able to enforce such a tax by utilizing any and all powers of the IRS. But the government won’t stop there. The “Secretary” will be charged with creating another government bureaucracy to rate the effectiveness of treatments. (Supposedly so they can allow or deny certain treatments based off of the statistical probability of their effectiveness.) So implies Section 1401, pages 502-503:

(E) Encourage, as appropriate, the development and use of clinical registries and the development of clinical effectiveness research data networks from electronic health records, post marketing drug and medical device surveillance efforts, and other forms of electronic health data.

In case that doesn’t make sense, let me paraphrase. Your private health records can be utilized by the government to determine when, and in what areas, they need to “focus” (read: ration and restrict) at the discretion of the government organization.

Currently with our system, a lot of attention is given to the audacity of insurance providers for not treating certain pre-existing conditions. Often lifestyle choices, such as diet or smoking, influence the price of health insurance greatly. As a question, to those who support a government run health insurance program, it should be asked: how does government expect to cover all aspects of healthcare, with any cost effectiveness, when private business can’t even find affordable means to do so? The answer, though it is rarely uttered by supporters of a “public option,” is to ration care or influence life-style choices. Already laws limit the accessibility of tobacco, and in some cases (like NYC) even diet.(In New York City there are a number of laws limiting the availability of “Trans-fatty acids”) Your life choices will not be influenced by government. They will be determined by government. The bill provides the authority for the Federal government, with the admirable goal of lowering cost, to set whatever limitations and restrictions it sees fit.

More-over, the government will no doubt use the bill as an excuse to further intrude into the lives of Americans. One clause within the Constitution is repeatedly used in the defense of new legislation: The “general welfare” clause. Essentially two words allow the federal government to expand intrusive restrictions, and social programs well outside of its intended scope of power. (To read the limited powers of congress, as declared by the Constitution in Article 1, section 8, click here.) That clause was not written as an example of the powers delegated to the congress. The clause was written as a list of duties to which the congress is entitled, therefore setting limitations on the power and scope of government. In an attempt to preserve limited and restricted government, our Founding Fathers wisely made clear the roles of our legislative branch. States may have the right to implement such programs as healthcare, or even cap and trade with the consent of their people; but the responsibility of the congress does not include the forceful implementation of social programs and “reforms” that affect every corner of the country. Their justification of such power is an example of the truth behind Julius Caesar’s ironic utterance that  “All bad precedents begin as justifiable measures.” This same expansion of government will be directly encouraged by the proposed healthcare reform.

After reading the proposed House bill, and listening to details about the bills within the Senate, it should raise the same question in the minds and hearts of all Americans. At the next town hall meeting, or at the next rally with a representative, be prepared to ask the question all members of congress should be asking themselves before voting on any legislation: “How does this protect and ensure liberty?” The healthcare bill does neither. Being 1,018 pages of regulation, restriction, rationing and government control, it places more bureaucracy in more areas than any legislation previous. The presence of Government -whether in your doctor’s office or within your bank account- limits the opportunity for freedom to flourish. While the concept of healthcare insurance for every American citizen is an admirable and lofty goal; perhaps we should prize the words of Thomas Jefferson while considering what kind of reform is needed: “Postpone to the great object of Liberty, every smaller motive and passion.” Regrettably, Jefferson’s view of lawmaking seems lost in our modern times, as personal liberty is too often regarded as an affordable casualty when compared to "the common interest."

Click here for Part 1: What we aren’t supposed to know about healthcare

Click here for Part 2: What we aren’t supposed to know about healthcare

Keep checking back to read the final installments of Michael’s analysis of the House Healthcare bill.

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