Monday, February 4, 2013
Monday, February 4, 2013

Some Obamacare opponents are starting to sound incoherent

Congress passed Obamacare almost three years ago. More than 30 attempts at repeal have failed. The Supreme Court has upheld its central provisions. And the presidential candidate who promised to rescind it on day one lost the election. Yet, Obamacare's opponents won't give up. And some of their statements are starting to verge on incoherence.

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Some Obamacare opponents are starting to sound incoherent

POSTED: Friday, January 25, 2013, 9:38 AM

Will they ever get over it? Congress passed Obamacare almost three years ago. More than 30 attempts at repeal have failed. The Supreme Court has upheld its central provisions. And the presidential candidate who promised to rescind it on day one lost the election.

Yet, Obamacare’s opponents won’t give up. And some of their statements are starting to verge on incoherence.

Two Republican senators introduced yet another bill to repeal part of the law this week. It would rescind the individual mandate, which requires that everyone maintain health insurance. That provision is central to the effective functioning of private markets for individual policies. Without it, people could game the system by waiting until they become ill before purchasing coverage, which would force companies to charge unaffordable rates.

In a statement introducing their proposal, Senators Orrin Hatch (R-Utah) and Lamar Alexander (R-Tenn.) called the mandate “an assault on constitutionally protected freedoms.”

Have they heard about the separation of powers in American government? The arbiter of the constitutionality of legislation is the Supreme Court, and Court upheld the mandate last June.

There are many reasons for disliking the mandate. Even many Obamacare supporters think there are better ways to accomplish its goal. But it’s difficult to argue that it is unconstitutional after the Supreme Court has clearly spoken.

Even more bizarre is a recent statement by Mississippi Governor Phil Bryant, a Republican and staunch Obamacare opponent. In an interview with Kaiser Health News, he declared, “There is no one who doesn’t have health care in America. No one.”

His basis for this assertion? “Now, they may end up going to the emergency room.” Other Obamacare opponents have echoed his claim. Mitt Romney offered a similar opinion during the last presidential campaign.

Gov. Bryant and the others are referring to the Emergency Medical Treatment and Active Labor Act (EMTALA), a law passed by Congress in 1986 that offers limited protection to indigent patients. It requires hospitals to stabilize those who come to their emergency rooms before asking about payment. This guarantees all patients access to emergency stabilization but nothing more. Once a patient is stabilized, hospitals can, and often do, require proof of insurance coverage before they will do anything else.

Contrary to Gov. Bryant’s assertion, EMTALA does not provide the 48.6 million uninsured Americans with general access to health care. A few of them receive care in public clinics, but most end up going without it. Numerous studies have shown that they are more likely to become sick and to die than those who have coverage.

My guess is that Senators Hatch and Alexander and Governor Bryant know much of this. Their statements mostly amount to political posturing to fan the remaining flames of Obamacare opposition. However, they could do so with arguments that have more coherence.

The structure of Obamacare leaves much room for reasoned debate over the best way to extend health insurance coverage to all Americans. In avoiding serious discourse, these opponents imply that they have nothing meaningful to say. The posturing against Obamacare that they and others have engaged in has achieved little in actually blocking the law. Perhaps it is time for them to offer constructive ideas on ways to improve health reform rather than a flow of statements that make little sense.

Robert I. Field, Ph.D., J.D., M.P.H. @ 9:38 AM  Permalink | 12 comments
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Comments  (12)
  • 0 like this / 0 don't   •   Posted 12:24 PM, 01/25/2013
    "There is no one who doesn’t have health care in America. No one.” A Faux News fan. It just shows exactly why the Grand Ole Pustule is about 4 years away from Whig status. Keep talking, rich white men, keep talking. Every time one of these inbred idiots open their mouth, another 100K flee this rat-infested political party. Hey guys, the "party"'s over.
    CiceroSpuriousDeodatusTheSecond
  • 0 like this / 0 don't   •   Posted 12:34 PM, 01/25/2013
    Lol...

    1) Obamacare has resulted in over $1 TRILLION in new taxes on medical supplies(1). Great idea in the middle of a recession.

    2) Even academics at University of Oregon argue that Obamacare is a farce and will ultimately result in degradation of service and quality of health care(2).

    3) Massive increase in health care premiums to middle class (3).

    4) Over 6 millions people, mostly poor and destitute, will now have to pay for services or face possible jail (4).

    5) Obamacare has cost MILLIONS of jobs (5).


    Not sure how anyone can defend Obamacare...that is unless they don't understand the virtues of America or how to count! Liberals always use the leverage of a terrible economy to pass their socialistic agenda. Just like the Great Depression, that social agenda usually results in delaying economic recovery by years if not decades(6).


    (1) - http://www.atr.org/trillion-obamacare-tax-hike-hitting-jan-a7393
    (2) - http://www.youtube.com/watch?v=rEM4NKXK-iA
    (3) - http://www.washingtonpost.com/blogs/wonkblog/wp/2012/10/04/how-obamacare-affects-health-plan-premiums/
    (4) - http://www.huffingtonpost.com/2012/09/19/obamacare-cbo-report_n_1898370.html
    (5) - http://godfatherpolitics.com/8034/thousands-losing-jobs-due-to-obamacare/
    (6) - http://newsroom.ucla.edu/portal/ucla/FDR-s-Policies-Prolonged-Depression-5409.aspx
    Professor1982
  • 0 like this / 0 don't   •   Posted 1:14 PM, 01/25/2013
    Speaking of inbred idiots from the GOP...
    daxtremesolja
  • 0 like this / 0 don't   •   Posted 1:01 PM, 01/31/2013
    daxtremesolja: LOL Amen!
    PotteryPete
  • 0 like this / 0 don't   •   Posted 12:33 PM, 01/25/2013
    CiceroSpuriousDeodatusTheSecond, the "Rich, white men, inbred idiots" represent 48% of the country who voted in the last election.

    I will not enjoy having to now pay for your healthcare, in addition to your housing, heating, and meals.
    SenseandSensibility
  • 0 like this / 0 don't   •   Posted 12:54 PM, 01/25/2013
    They should get over it? When President Spend stops spending THE WORKING MAN'S money, then maybe we'll get over it
    420Phillie
  • 0 like this / 0 don't   •   Posted 1:08 PM, 01/25/2013
    Dr. Field - Many fought slavery for decades and finally won. Since Obamacare is the worst thing that ever happened to this nation since slavery expect the fight to continue for many, many, many years. Small businesses are paying employees under the table to aviod Obamacare. Medium size businesses are reducing hours on their employees to avoid Obamacare. Large firm are not hiring because of the cost of Obamacare. Get it ?
    VitoCorleone
  • 0 like this / 0 don't   •   Posted 1:19 PM, 01/25/2013
    Obamacare is there worst thing since slavery?

    Wow... you might want to brush up on your history bub before relying on knee-jerk theatrics and being overdramatic in your Republican woe.
    daxtremesolja
  • 0 like this / 0 don't   •   Posted 1:03 PM, 01/31/2013
    Yo Vito!? A bit of hyperbole, in'it? What a ridiculous assertion that it's the worse thing since slavery. I'm sure a lot of descendants of slaves would disagree.

    Pure ignorance. My guess is you're someone who will have to provide reasonable health care for employees.
    PotteryPete
  • 0 like this / 0 don't   •   Posted 1:10 PM, 01/25/2013
    There has been nothing out of the Obama presidency other than a hand out and more spending. Child of depression era parents here. Not a lot of empathy for those with the hand out. The government shouldn't be responsible for someone's lifestyle.
    boroughboy
  • 0 like this / 0 don't   •   Posted 1:22 PM, 01/25/2013
    Then I guess you wouldn't object to the Republicans in congress cutting your social security benefits and your medicare if they had their way.

    Those are just handouts right?
    daxtremesolja
  • 0 like this / 0 don't   •   Posted 1:24 PM, 01/25/2013
    Businesses aren't hiring because they don't need to, because most jobs have become obsolete. Stop blaming the AHCA and get an education that has to do with tech or health and you will have a job.
    th


About this blog

Health care is changing almost before our eyes, and the headlines just scratch the surface. From Obamacare to Medicare to managed care to genomics, the blog reports on and analyzes the laws, government policies, and political trends that are transforming the care we receive and the way we pay for it. The Field Clinic dissects the latest health care news, explaining it and putting it in context.

The Field Clinic is written by:

Robert FieldRobert I. Field, Ph.D., J.D., M.P.H, professor of law at the Earle Mack School of Law and professor of health management and policy at the School of Public Health at Drexel University. He is the author of Health Care Regulation in America: Complexity, Confrontation and Compromise, a comprehensive overview of the government’s oversight of health care published by Oxford University Press.

Erica Cohen

Erica Cohen, a third-year law student concentrating in health law at Drexel University Earle Mack School of Law. She graduated from the Scripps School of Journalism at Ohio University with a major in online journalism and minors in business and political science. Prior to attending law school, Erica worked for DKMS Americas, the world's largest bone marrow donor center. She currently works as a legal intern in the office of general counsel at a local hospital.

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