Healthcare Reform Talk 6 6 2010

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Healthcare Reform: What the new law really says Jill Q. Vecchio, MD Docs 4 Patient Care June 6, 2010

description

goes thru new healthcare law (PPACA) by section. all information is correct and factual to best of my research. gives great background education on economics of healthcare and covers how massachusetts and europe/canada are doing w/ "reforms". I am against this law, but most information is just plain fact.

Transcript of Healthcare Reform Talk 6 6 2010

Page 1: Healthcare Reform Talk 6 6 2010

Healthcare Reform:

What the new law really says

Jill Q. Vecchio, MDDocs 4 Patient Care

June 6, 2010

Page 2: Healthcare Reform Talk 6 6 2010

My Sources: HR 3590, Reconciliation and Congressional

Research Service Summary Congressional Budget Office website Galen Institute research and sources Meetings with Congressmen and

congressional staffers Kaiser Foundation “Health News” Center for Medicare and Medicaid Services American Medical Association National Assoc of Health Underwriters

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Who are the Uninsured?

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Facts… The US has the best healthcare in the world No one is refused healthcare in the US Private insurance and Medicare subsidizes

billions in free care each year The Healthcare industry accounts for 1/6 of US

economy--IN A GOOD WAY!

Every doctor’s office is a small business

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Facts… What we charge and what we get paid are two very

different amounts! Reimbursements are based on Medicare and

providers lose money on Medicaid and Medicare in many cases

Medical reimbursements have been decreasing and patient volumes are increasing—we are doing more work for less money every year

Malpractice premiums and risk of lawsuits increase every year (Ob/Gyn malpractice premiums in Colorado are over $100,000 per year)

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Doctors and Patients all believe Healthcare

Reform is neededBut is this the right “reform”???

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Typical Process Bill to Law House originates legislation House passes (simple majority), goes

to Senate (needs 60 votes) If Senate passes, all done. If Senate

makes own version, goes to Conference Committee(20 members)

“Cleaned up” bill goes back to House, then Senate for passage to law

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How HR 3590 Bill Became PPACA Law Started as housing bill passed by House HR3590 Changed by Senate into healthcare bill Passed by Senate Scott Brown elected House forced to pass Senate bill or no healthcare reform House passed bill 219/212 House originated Reconciliation Bill to fix HR3590 Senate made changes and passed with simple majority under

“Reconciliation” rule House passed revised Reconciliation bill Everyone went home for Easter Break

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In Other Words… This bill (HR 3590) was never meant

to be the LAW Multiple contradictions Poorly written by legislative standards

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Medicare Part A: Hospitalization Part B: Outpt services (in general) Part C: Medicare Advantage (MA): private

policies subsidizes by fed. govt. Fed. Payments decrease over next 10 yrs

Part D: Prescription drug coverage “Medigap”: private insurance, NOT MA,

aka: Medicare Supplement Insur., covers co-pays, deductibles for Part A

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States Mandate what medical services must

be covered by private and public health insurance Each state is different Insurance premiums reflect these

differences States execute Medicaid

Medicaid paid mostly by states with federal subsidies

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Remember…ALL new costs are either paid by taxpayers directly or passed on to

them indirectly!

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Cost Recognition Exercise

States to businesses and taxpayersEmployers to employeesBusinesses to customers

Non-taxpayers are employees and customers too

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Let’s get to the Law…

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“Immediate Improvements”Title I- Subtitle A (starts w/in 6 mos.) No lifetime limits or annual limits Can’t rescind coverage Must cover, with no cost sharing/deductibles, for:

Specified preventive svcs Rec’d immunizations Rec’d women/children preventive svcs

Dependent coverage up to 26 y/o, married or unmarried

Hospitals must make public list of charges Secr HHS to set up review of “unreasonable increases

in premiums”

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“Immed. Actions to Preserve and Expand Coverage”Subtitle B

Estab. Temporary High risk pool program for pre-existing cond. Until Jan 2014 but Fed funding to most states for this will run out

in 2012 CO already has hi risk pool: Cover Colorado

To be replaced by Amer. Health Benefit Exhange (“Exchange”=“Xchg”)

Sets up Electronic Health Care Transactions provisions and estab penalties for non-compliance (Fed EMR database)

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Healthcare ExchangesMust be govt agency or nonprofit estab by stateMust offer “qualified plans” onlyMust approve premium increasesStates can require additional mandatesRequires states to pay costs of addl mandatesEmployers can choose which plan to offer their employees Employees can choose to get plan thru exchange

rather than thru employer (big penalty to employer)

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“Quality Health Insurance Coverage for All Americans”Subtitle C

Discusses “grandfathered plans” most of allowances for these were eliminated in the

Reconciliation All plans must contract w all providers—no PPOs Limits cost-sharing of premiums by employers Universal Mandates “essential health benefits

package”—will eventually apply to self-insured as well

All employers will eventually be required to enroll all employees in govt-sponsored long-term care plan

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“Qualified Health Plan”Subtitle DALL plans must include:

emergency svcshospitalizationmaternity and newborn caremental healthsubstance abuseprescription drugspreventive and wellness serviceschronic disease mgmtpediatric servicesoral and vision care

Limits cost-sharing and deductibles

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Abortion “Permits” states to prohibit abortion

coverage in Xchg plans “Prohibits use of federal funds for abortion

services” But fed subsidy used for Xchg plans???

Requires separate accounts for payment of abortion services

Bottom line: tax dollars can be used to fund Abortion

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“I’m ready for my free

healthcare now”

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Cost Comparison for Planssources: CBO, Heartland Institute, Galen Institute

Plan costs by 2016: (all plans have same coverage) CBO “Bronze”@ 60% actuarial: $5000/ 12500 “Siver”@75% $5800/15200 “Gold”@85% (most empl) $7800/19200 “Platinum” @90% (not scored)

As of 2005: All plans: $4024/10880 HSA + hi-deductible: $2772/6955

Mass. Care policy 2010 Avg policy for family 4 $15-20000

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“Affordable Coverage Choices for all Americans”Subtitle E

Allows refundable tax credit for low income households to help pay premiums

Allows for reduced out-of-pocket expenses for low income

Secr HHS to “estab program to determine eligibility of applicants for participation… based on citizenship or immigration status” and “provides for confidentiality of applicant information”

“Prohibits any federal payments, tax credit or cost-sharing reductions for indiv who are not lawfully present in US” (doesn’t say they can’t participate, doesn’t prohibit state funding)

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“Individual Responsibility”Subtitle F

“Imposes penalty for failure to maintain coverage beginning in 2014 ($95 2014 to $695 by 2016 or 2.5% of income)”

“EXCEPT for certain low-income indiv who cannot afford coverage, members of Indian tribes, and indiv who suffer hardship. EXEMPTS…indiv who object to health care coverage on religious grounds, [illegal immigrants] and incarcerated.”

ISN’T THIS THE POINT OF THIS WHOLE EXERCISE???

Insureds will continue to subsidize these pts.

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Insurance CompaniesMust accept pre-existing conditions

can’t charge higher premium for these indiv

Can’t drop anyone from coverageMust issue coverage to anyone who

requests it at any timeCan’t raise premiums without govt

approval

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Mass. Experience with Individual Mandate Indiv choose to pay penalty rather than premiums When they get sick, they are guaranteed issue of “insur” When they are well again, they drop insur Insur co. are only insuring those who are hi-risk/already

sick Premiums skyrocket—no risk sharing to be had Those responsible folks and employers w insur can’t afford

premiums—drop insurance Insurance cos. request premium increase from govt Govt says “no” Insur co. go out of business Govt steps in with “single payer” system

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Mass Experience cont’d Expansion of Medicare/Medicaid to cover all indiv Reimbursement to providers doesn’t cover costs Providers stop participating in MM Pts can’t find provider or have very long wait times No co-pay for ER visits Pts go to ER instead, even for routine care ER costs are higher than routine visit costs ER visits incr 30% Healthcare costs increase 27% Govt requires providers to accept whatever

reimbursement they offer as a requirement for licensure

Romneycare Expenses shared by state/fed 50/50—not w/ Obamacare

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Massachusetts Utilization

Mass has the most doctors of any state in the U.S. AND the longest wait times to see a physician in the U.S.

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“Employer Responsibilties”Must provide notice about option of Exchange, avail. of

tax creditEmployer is fined if an employee opts for Xchg while it

offers its own plan-- $2000 per total number of employees!!!

Employer cannot penalize, discharge or discriminate ag. an employee that opts for Xchg

Seasonal and part-time empl. counted in total number of employees (small vs. large employer)

Extensive reporting required—1099, monthly reporting

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“Miscellaneous Provisions”Subtitle G

Requires HHS Secr. to publish on HHS website list of all authorities provided to Secr. under this Act—STILL WAITING!! Secr. HHS is APPOINTED, not elected

Doesn’t penalize any entity that provides assistance for the death of an individual such as by assisted suicide, euthanasia or mercy killing

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“Role of Public Programs”Subtitle A

Expands Medicaid Fed govt pays for new enrollees, but only from

2014 to 2016, then subsidy decreases

“Allows” states to expand Medicaid further at their own expense

Prohibits a state from requiring applicants for Medicaid to enroll in employer’s sponsored coverage (hence, employers are fined again)

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READY FOR THIS???

It just keep getting better…

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“Improving the Quality and Efficiency

of Health Care”Title III, Subtitle A—”Transforming the

Health Care Delivery System”

Pt. I—”Linking Payment to Quality

Outcomes…”

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“Improving the Quality and Efficiency of Health Care”Title III, Subtitle A—”Transforming the Health Care Delivery System” Pt. I—”Linking Payment to Quality Outcomes…”

Extends and expands “Quality reporting system” for hospitals and providers and establishes penalties

Establishes a “value-based payment modifier” under physician fee schedule based upon the “quality of care furnished compared to cost”

Subjects hospitals to “penalty adjustment to payments for high rates of hospital-acquired conditions”

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“National Strategy to Improve Health Care Quality” Directs Secr HHS, “thru a transparent

collaborative process” to use “Comparative Effectiveness” data E.g. UK uses $44,000/yr of expected life remaining

to determine whether a given tx is cost-effective for pt

Directs President and Secr. HHS to develop outcome and measurement criteria for all providers for any given program or medical condition

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Cont’d CMMS to test “innovative payment

and service delivery models” to reduce costs, such as Payment Bundling during an episode of care around a hospitalization Hospital receives total bundle payment

and distributes proceeds to various provider entities

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Improving Medicare for Patients and ProvidersSubtitle B

Cert Nurse Midwife reimb increases from 65% to 100% of physician reimbursement

Decreases over time Medicare benefits including: long-term care, inpt rehab, inpt psych, dx lab, dx imaging, home health, skilled nursing and nursing home care, hospice, surg center coverage, dialysis, hospitalization for low income seniors…

Allows for bonus reimb payments to rural/underserved area providers and facilities for 2-5 yrs

Increased taxes on brand pharmaceuticals Increases number of and access to community health

centers

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Provisions Related to Medicare Part CSubtitle C

Medicare Advantage Decreases federal subsidy significantly

over time Decreases coverage for multiple services

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“Medicare Part D Improvements for Prescription Drug Plans…”Subtitle D

Requires drug manufacturers to participate in the “Medicare coverage gap discount program”

Allows Secr of HHS to assign or reassign individuals to a drug plan different from that in which they are enrolled

“Requires Part D enrollees who exceed certain income thresholds to pay higher premiums”. IRS to disclose information.

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“Health Care Quality Improvements”Subtitle F

“Agency for Heathcare Research and Quality (AHRQ) to conduct or support research on the development of tools to facilitate adoption of best practices that improve the quality, safety, and efficiency of health care delivery services.” These are the same folks that gave us the 2009

Mammography Screening Guidelines that would reduce the number of pts getting screening mammograms by more than 60%.

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“Modernizing Disease Prevention and Public Health Systems”Title IV, Subtitle A

Establishes multiple councils, advisory groups, public health funds, media campaigns, federal website tools…

Requires Director of AHRQ to convene the Preventive Services Task Force “to review scientific evidence related to the effectiveness, appropriateness, and cost-effectiveness of clinical preventive services for the purpose of developing recommendations for the health care community”

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“Creating Healthier Communities”Subtitle C

Authorizes Secr HHS to contract exclusively with vaccine manufacturers for purchase and delivery of vaccines for adults.

Retail food chains of more than 20 locations must disclose on the menu/menu board: No. calories in menu item Suggested daily caloric intake Availability of addl nutritional information Includes vending machine operators

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Physician Workforce Currently operating an annual deficit

of physicians of 10,000 (35,000 retiring, only 25,000 graduating)

Up to 45% of practicing PCPs would retire or quit practice if HR3590 was put into effect (IBD poll)

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Investors Business Daily

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“Increasing the Supply of the Health Care Workforce”Title V, Subtitle C

Multiple new and revised programs to encourage public health education, peds, primary care, nursing, dentistry, geriatrics, social work, psych, nurse-midwifery, family nurse practitioners.

No mention of specialty MD training!

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“Supporting the Existing Health Care Workforce”Subtitle E

“Revises the allocation of funds to assist schools in supporting programs…in health professions educ for underrepresented minority individuals”

Incentives for gen surgeons and PCPs/providers that work in underserved areas

Reconciliation increases reimb for Medicaid services by PCPs to 100% of Medicare for 2013 and 2014

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“Physician Ownership and Other Transparency”Subtitle A

Prohibits physician-owned hospitals that do not have a provider agreement by Dec. 31, 2010 to participate in Medicare (some exceptions)

Requires drug, device, biological and med supply manuf to report to HHS “transfers of value” made to a provider as well as info on physician ownership or investment interest. Establishes penalties.

Prohibits physician self-referrals

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“Patient-Centered Outcomes Research”Subtitle D

Establishes Patient-Centered Outcomes Research Institute

“Prohibits Secr. HHS from using evidence and findings from the institute to make a determination regarding Medicare coverage unless such use is through an iterative and transparent process…”

Establishes w/in IRS the “Patient-Centered Outcomes Research Trust Fund” w/ funds from Medicare Trust Fund

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Revenue ProvisionsTitle IX, Subtitle A—Revenue Offset Provisions

Imposes excise tax of 40% on “Cadillac” plans—exceeding $10,200/27,500 starting in 2018 Reconciliation bill incr. the original amts and delayed

implementation to 2018, which will decr. Govt revenue by 80% from orig bill

Labor unions are exempt Increases HSA penalty for distribution from 10% to 20% Limits annual salary reduction contributions to $2500

per year for HSAs Imposes annual fees on manuf of drugs, medical

devices and insur companies Eliminates tax deduction for expenses for employers

who offer Medicare Part D coverage (Caterpillar, ATT)

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Cont’d Increases hospital insurance tax rate by 0.9% for

individual taxpayers earning over $200,000/250,000 after 12/31/2012.

Reconciliation adds 3.8% “net investment” income tax included in Medicare taxable base for $200,000/250,000

Allows “50% tax credit for investment in any qualifying therapeutic discovery project…” (but physician ownership or investment in drug, device biological or medical supply manuf is monitored and must be reported to HHS)

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Cont’d U.S. Sentencing Commission to

increase federal health care offense levels “Provides that a person need not have

actual knowledge…nor specific intent to violate [health care law] in order to commit health care fraud.”

Expands the scope of violations constituting an offense

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Cont’d

Authorizes Secr. HHS to adjust reimbursements to providers based upon “quality measures”

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Something to look forward to… Over 250,000 pages of new

regulation resulting from this law.

16,000 new IRS agents to monitor and enforce coverage mandates and additional taxes/fees

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Tort ReformProhibits limits on Punitive

Damages Prohibits limits on Lawyer fees

Page 55: Healthcare Reform Talk 6 6 2010

Oh yeah… Amends Internal Revenue Code to

impose a 10% excise tax on indoor tanning services beginning July 1, 2010

Page 56: Healthcare Reform Talk 6 6 2010

ReconciliationEducation and HealthTitle II

Moves management and collections of govt grants for higher education to Dept of Education (feds) Increases revenues to fed by removing

from private institutions Revenues used to defer costs of PPACA Entities servicing these grants must be

non-profit

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Congressional Budget Office

Assumes that everyone will “play by the rules”

Please…This IS America!!

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159 new agencies, programs, grants, funds,

task forces, commissions, boards…

Want to know how the Congressional Budget office scored

these new entities?

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$ 0

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“Unintended” Consequenses Dr. practices already selling out to

hospitals Disincentives to develop new drugs,

medical devices, technologies 90% of drugs, medical devices and

technologies are developed in U.S. Where will the world go for their

healthcare???

Page 61: Healthcare Reform Talk 6 6 2010

European/Canadian Experience Longest wait times for diagnosis and care Poorest cancer survivorship Single payer system can’t keep up with needs Private sector provides crucial backup

(Canada doesn’t offer private option) Now having multinational conferences

to re-establish private insurance industry

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Germany World Socialist Web Site 3/18/2010 : Doctors working 70-80 hrs/wk “Mandatory overtime” w/ no xtra pay

Doctors paid on avg $17/hr, much less than other skilled workers

22,000 drs voted to strike (doctor union) No support from govt. officials

Doctors can’t unionize in US

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Center for Medicare and

Medicaid Services CMMS covers over 100 million

Americans, has an annual $800 billion budget (before PPACA), larger than the

defense department's and is the 2nd largest insurance company in the world

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Donald Berwick, MDObama’s Choice for CMMS Recently “knighted” by Queen Elizabeth II for his role in UK’s

National Healthcare System "I am romantic about the NHS. I love it." "The chronically ill and those toward the end of their lives are

accounting for potentially 80% of the total health care bill out there. There is going to have to be a very difficult democratic conversation that takes place. The decision is not whether or not we will ration care. The decision is whether we will ration with our eyes open."

"There needs to be global budget caps on total healthcare spending for designated populations (ie-rationing)"

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Berwick, cont’d. "Any healthcare funding plan that is just,

equitable, civilized and humane, must redistribute wealth from the richer among us to the poorer and the less fortunate. Excellent healthcare is by definition redistributional".

"The simplest way to reach these goals is with a single payer system."

Page 66: Healthcare Reform Talk 6 6 2010

As of 5/17/2010… 20 States have legislation pending arguing

against the individual mandate or state obligations arising from PPACA

CBO has increased estimated costs (which are already massively underestimated) to over $1 Trillion, thus eliminating the original estimation of a “deficit reduction”

Still no permanent “Dr. Fix” to SGR—as of today, this would add $246 Billion to pricetag, by 2015--$500B

Page 67: Healthcare Reform Talk 6 6 2010

As of 5/28/2010 (Kaiser Health News) House approved $22B 19-mo. Temp fix to

Medicare providers (Dr. fix), Senate will address after June 7

HHS sent out brochure to Medicare pts: new law will “preserve and strengthen” Medicare

House Republicans intro’d bill to repeal PPACA. Prob’ly won’t go to vote

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Kaiser Health News 661 businesses surveyed:

94% say PPACA will incr. their costs

88% plan to pass costs on to employees

74% will decrease benefits

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Lawsuits 20 states in process

Individual Mandate Massive increase in state obligations for funding

and oversight of programs

Commerce Clause/Tenth Amendment Union exemptions of tax on “Cadillac” plans Roe v Wade—doc-pt privacy NO SEVERABILITY CLAUSE!!

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American Medical Assoc They only represent 17% of physicians AMA has a blatant conflict of interest

Govt granted Monopoly on publication of code books used for billing

Code books generate $111M member dues/fees only $20M

AMA “sold us out” by endorsing Obamacareo They weren’t the only ones! AHA, Insurance Cos.

(backfire), multiple professional societies

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Where are the doctors???? Haven’t needed much representation in the

past “Above politics” “I’m too busy for politics” “These changes only apply to Medicare and

Medicaid and I can just stop seeing those patients”

Some of them think this is a great idea! Have they read this???

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This is our last chance!

If Republicans do not take the House in November, 2010 PPACA

will become our REALITY!!

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Why Republicans? Majority party wins Chairmanships of

House and Senate Committees and Subcommittees Defund after 2010 Repeal 2013 Replace 2013

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“What are you prepared to

do?”Sean Connery

“Untouchables”

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Get Involved!! Educate, educate, educate!!!

Friends, neighbors, doctors, employers

Vote, vote, vote!!! Donate to Candidates around the

country!

Join Docs 4 Patient Care!!!

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THANK YOU!!Keep up the fight!!

Pass the word!!Let’s ALL be “Community Organizers”!