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Congress versus health

by Thomas Fancher
| August 3, 2017 3:00 AM

People need good medical care, but health insurance is not medical care. Nothing in either the Declaration of Independence or Constitution provides for government healthcare or insurance. The Constitution doesn’t prohibit individual states from making laws, and doesn’t prohibit charity organizations from helping people.

The federal Affordable Health Care Act (AHCA) benefits very few people, but has become insanely expensive for the majority. First, to fix the problems, let’s start at square one and follow the money. Let’s trace campaign finances to determine which representatives serve special interests and not constituents. Better yet, (and perhaps Constitutional amendment) allow campaign donations only from actual people, not businesses that live in the representative’s district. Let’s have constituents “own” representatives.

Second, assuming Congress shall act responsibly, remove the AHCA. Instead, per Article I, Section 8, use the Commerce clause to assure health insurance isn’t bound by state boundaries. Individual states can prosecute fraud. Federal law could assure certain minimum standards. All people shall have access to health insurance. All states shall assure that each insurance company provides at least one policy based upon average health in the state. Preexisting conditions are problematic for insurers. Allow immediate sign-up, but person signs contract that preexisting related costs incurred during initial months shall be repaid by higher premiums over a reasonable length of time, and then shall be phased down to standard price. Note: this thinking includes both known preexisting diseases, and those who didn’t get catastrophic medical insurance for injuries.

Third, malpractice and liability insurances are major cost factors. Tort reform doesn’t occur, perhaps due to representative and lobbyist relationships. Eliminate frivolous lawsuits. Remove arbitrations and threats of lawsuits. Require civil grand juries to determine probable cause and evidence exists before expensive lawyers and court involvements. Plaintiff initially pays grand jury expenses, and blocked from action unless able to convince jury case is valid. If valid, defendant may settle out of court, and grand jury costs absorbed by the court or passed to defendant.

Fourth, medical facilities and universities receiving government grants shall accept and treat patients at affordable costs. Reasonable minimum payments should be required at “immediate care” clinics, and higher minimums required at hospital emergency rooms to discourage abuses. Under the commerce clause, pharmaceutical companies shall provide medications at uniform worldwide pricing. Remove special taxation on medical equipment and devices. People should have greater freedom to accept treatments under development, and with knowledge of associated risks.

It seems that “housecleaning” has started to improve Veterans Administration medical care. That includes the ability for veterans to use other facilities, if necessary. The greater need exists to houseclean our entire medical care/health insurance stinking swamp. Actual healthcare isn’t the real problem.

The greatest block to excellent healthcare isn’t in the medical profession. It’s unhealthy alliances between representatives, insurance companies, and pharmaceutical companies creating valid public fear regarding affordable future medical care. We’re chessboard pawns played for political and financial gain. Time to change representatives?