Secrets of The Secretary

Whether you are bungee jumping, or buying a home, before you are allowed to take the plunge, you are required to sign papers acknowledging you understand the terms.  Agreeing to a deal with another party, without having any idea of the risks or conditions, would be like purchasing expensive concert tickets, without knowing if the music featured would be panpipes or gangsta rap.

Even if we don’t like laws passed by our government, as Americans we have the right to know the implications of those laws.  Generally, they are not beyond our comprehension, because the conditions and enforcement are usually written into the language, when they are passed by our legislative bodies. This is not the case with the newly adopted legislation of the Affordable Care Act (ACA)  which will change everything about American healthcare.

Nancy Pelosi immortalized herself, when she said, we had to pass the bill to find out what was in it.  This was perhaps the most misleading political understatement in American history.  Even now that it’s passed, it is STILL impossible to know what is in it, because it was purposely written with vague to-be-determined-later provisions.  What Ms. Pelosi should have said, is that we will have to LIVE this bill  to understand what was in it.

The length of the bill was astounding when it was passed, but nothing compared to what it will be in the future.  Like an evil creature in a Sci-Fi flick, it isn’t finished growing.  It will continue to grow and morph into something most have yet to imagine.

Why?  Because it was passed with rules to be decided later.

The bill that was promoted as the answer to our healthcare woes, gives authority over your body to The Secretary, because The Secretary will determine how it will be enacted and enforced.  In fact, the language of the bill mentions the power of  “The Secretary” over 3,000 times. The Secretary would be The Secretary of Health and Human Services–a presidential appointee who need not have medical experience.

Certainly, someone has to decide what kinds of treatments will be provided, but say goodbye to the days when your medical decisions were made by you and your doctor.  It will now be up to The Secretary to determine what drugs will be paid for, which treatments are cost-effective, and whose treatments will be denied.

Denied?

We were told we would no longer be denied care.  We we will no longer have to worry about not being able to afford treatment, having coverage denied because of pre-existing conditions, or the lifetime caps that insurers impose.  We were told if we liked our insurance, or our doctor we could keep them.

All of those things ARE true.  Insurers will no longer be able to turn down those with pre-existing conditions, impose lifetime caps on benefits,  and we will no longer have to worry about the cost of treatments.  Like many of the statements made to convince us of the virtues of this plan, these statements are technically true, but deliberately misleading.

Perhaps,you’ve seen the compelling stories of those sharing how ACA saved a life. I saw one the other night.  A woman shared the story of how her son, Travis Turner had medical expenses exceeding $1million dollars in his first year of life, causing them to exceed their insurer‘s lifetime cap.  He is now 8 years old, and thanks to “Obamacare”, he is insured again. The story was poignant to be sure, but the hopeful picture it paints is misleading.

Like Ms. Turner, many optimistically attribute improvements in their healthcare to the ACA, but others are aware of how their healthcare is already being adversely affected as changes are implemented.  On either side of the issue, many are confused about how much of this bill has been implemented.  All the provisions of the bill will not be enacted until 2018. By then, The Secretary may not even have finished defining those yet-to-be-determined provisions.

However, there are things we know.

  • We were told if we liked our doctor OR our insurance we could keep them, but The Secretary will be able to dictate how your physician can treat you, and what your insurance can cover.
  • The Secretary will determine whether or not your insurance meets the regulations as a “qualified” plan.  If The Secretary determines it doesn’t, you WILL be forced to choose another plan.
  • Your plan will only be allowed to pay doctors approved by The Secretary.
  • That provision above shouldn’t matter much.  With The Secretary determining how even the privately-insured can be treated, there won’t be much difference between doctors.
  • You will no longer enjoy doctor/patient confidentiality, as EVERY detail of your health will now become part of a government database on each citizen.  EVERY detail.   (ACA provisions override that pesky pre-existing condition known as privacy law.)
  • The cost of your plan will change as The Secretary determines what qualified plans will cover, and what they will cost.
    Costs will rise, ,as the burden of providing coverage to all, increases costs for individuals and families.
  • Though claims that ACA would result in rationing of care were denied by its proponents, the bill is full of Patient Care guidelines (some still under construction) as to who will get care–and what care they can get.
  • Additionally many of the provisions in the plan are exempted from judicial review.  Translation:  If your care sucks, you can’t seek legal recourse.

Those between the ages of 15 and 40 are to be given priority over children and the elderly.  This might come as a surprise to aging baby boomers, their children and any parent of a child needing life-saving treatments.  Those in their “golden years” will find less care available to them than those who fall between these golden ages–the period of life when most of us are at peak health and fitness.

Perhaps the mother and child featured in this ad will be lucky. Travis will be turning 15 around the time the ACA is fully implemented.  If he stays healthy, he can expect at least 25 years more of  priority healthcare–unless The Secretary determines treating a child with a history of liver cancer to be less than cost-effective.  His mother, on the other hand, appears to be around 30, which means she can only look forward to about ten years in that preferred patient group.

As she moves closer to Medicare age, I hope she realizes, ACA allows for changes to Medicare without further approval from Congress.  She looked like she might be a little overweight–God help her is she develops diabetes, because  priority for scarce treatments like kidney transplants and dialysis will be given to those in the 15-40 age group.   Let’s hope she doesn’t develop breast cancer, because she won’t be eligible for regular mammograms until after she turns 50.  If she should develop heart disease, she may find The Secretary has determined her too old to warrant the cost of a pacemaker, or open-heart surgery.

It is true, we will no longer have worry about the costs of treatments, being being denied coverage because of pre-existing conditions, or not being able to afford our medical expenses.  This is a new era, in which our only concern will be getting good medical care.

Deb’s Note: This is the fourth post devoted to explaining the Affordable Care Act–aka ObamaCare.  I have chosen to write about this subject because I believe women need to know how it will affect their families and/or loved ones.  The subject is extensive, but I hope to wrap it up in a couple(?) more posts.

 

 









6 Responses to “Secrets of The Secretary”

  • Deb,

    You have shown an outstanding knowledge of the Affordable Care Act or ObamaCare.

    From my point of view as the CEO of the Center for Peer Review Justice, I am concerned with the rapid rise of the number of Regulations and Enforcement by Medicare and the Private Contractors, the RACs, the ZPICS, the CERT, the MIC, etc. I am concerned with the Medicaid Fraud Control Units which was established by the ARRA of 2010 (The Stimulus Law).

    I am concerned with the “police Powers” of the private contractors and auditors who are not even medically trained but from the “audits” of 10 charts, can have that number extrapolated back 10 years or all of the years of practice and achieve fines that will take your breath away.

    I am concerned with the complexity of “coding and billing” that makes any legitimate clerical mistake into a dramatic civil or criminal case.

    I am concerned with the False Claims Law which means a fine of $5,500 to $11,000 per claim as well as triple damages.

    I am concerned with the Texas HIPPA Law which is the HIPAA and the HIPAA-HITECH Laws on Steroids and the “routine” fine can easily hit $1.5 Million. This is no exaggeration.

    YOUR Physicians and Surgeons are now so overwhelmed with Compliance with the Health Care Laws and Regulations that it crowds out time and effort that should be directed to the focus of the doctor-patient relationship which IS THE PATIENT !!!

    Richard Willner
    The Center for Peer Review Justice.
    New Orleans.

  • Deb:

    Doctor Willner,
    I have studied this issue, since before this bill was passed. I have tried my best to analyze it, and understand it. I hope others will understand these writings are not motivated by politics, but by my sincere interest in the well being of my family and all Americans. I hope to finish this series in two more installments, though I have realized I could write on the ACA for another year, with what I’ve learned. Your concerns, regarding the implications for physicians will be addressed soon, though not with the kind of depth by which you understand it.

    Your support and expertise have been instrumental in my understanding of this issue. I have come to know you to be a physician, whose first priority is saving patients, I am forever grateful.

  • Jennifer Williams:

    Dear Deb,
    Thank you for a very informative set of articles explaining this controvercial and complicated health care act….I just turned 65 and Medicare was a very scary step towards my aging future….now with the enactment of ACA I’m more concerned than ever about my future….I have been wheelchair bound for 15 years with Post Polio Syndrome (a degenerative neuro-muscular disease) and fear the worst will be instore for me and many of my fellow Polio survivors who are on Medicare or about too….talking with many of them we are scared to death and that might not be too far from the truth as this plan emerges…..thank you again for your honesty and straight-forwardness with regards to this subject…keep blogging sweetie….I have “shared” your site on my Facebook page hoping more will see the light!

  • Deb:

    Jennifer,
    Thank you for sharing your personal story. Younger people are not as concerned, because most are yet to face serious health problems. Many of the promises made in the passage of The ACA, will not be kept. I hope America will realize this before it is too late. Thank you a thousand times for sharing the site! My best to you.

  • Deb,

    The ACA or ObamaCare has a new law that states that federal reimbursements must be returned withing 60 days if there is a mistake or an overpayment. Sounds reasonable, right?

    Well, in the busy doctors office with so many visits, write offs, deductibles, co-pays, different insurance companies, billings, write-offs,
    problems with coding, etc, it is very difficult to know where to apply the reimbursements let alone consult with the busy doctors to understand it if it indeed an overpayment and then to write up a very detailed letter as per the Office of Inspector General, Medicare and the private contractors of Medicare , The Doctor’s Health Care Lawyer must be consulted before such letter is executed and mailed for compliance.

    If the money is NOT returned in 60 days, it is a Civil matter and a Criminal Matter now, thanks to the ACA.

    Is this fair?

    Richard Willner, President
    Certified, Medical Office Health Care Law Compliance Officer
    The Center for Peer Review Justice
    info@PeerReview.org

    If a MD’s staff needs a consult on what to do, we invite calls
    at 504-621-1670.

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