Sunday, April 4, 2010

First Suits Against Health Care Law From Mississippi

PPACA class action Complaint filed 4-2-10 -


Moreover, compelling Plaintiffs to enter into a private contract to purchase insurance from another entity will legally require them to share private and personal information with the contracting party. Specifically, by requiring Plaintiffs to abide by the Act’s individual mandate, Congress is also compelling Plaintiffs to fully disclose past medical conditions, habits and behaviors. Not only will the insurer be privy to all past medical information, Congress’s individual mandate will, by necessity, allow the compelled insurer access to Plaintiffs’ present and future medical information of a confidential nature. If judicially enforceable privacy rights mean anything, then private and confidential medical details certainly merit Constitutional protection. Plaintiffs should not be forced to disclose the most intimate details of their past, present and future medical information.

Here's a problem in the enforcement language of the bill:

any failure by a taxpayer to timely pay any penalty imposed
by this section, such taxpayer shall not be subject to any
criminal prosecution or penalty with respect to such failure.

shall not—
(i) file notice of lien with respect to any property
of a taxpayer by reason of any failure to pay the
penalty imposed by this section, or
(ii) levy on any such property with respect to
such failure.

Here's a proposed explanation for the lack of enforcement:

The enforcement provisions are a red-herring. I've been thinking about this issue since reading about the provisions that appear to give the government no recourse against those that don't but insurance and don't pay the fine. I believe that, like any delinquent creditor, you will have a negative mark placed on your credit history, and that mark will be updated each time you incur the fine for failing to have government approved health care.

Just try to buy a house, or secure a car note with a couple of thousand dollars worth of fines/obligations on your credit report. Try to get a job with just about any company that performs background checks. You wont be able to do any of those things.

So, while the government won't go after you directly (at least at first), you will be harmed in many, many different ways. The mind boggles at the mischief this new law will cause, and I haven't even started to think about how the take over the student loan business is tied into this madness, but I'm certain that one won't qualify for student loans with a bad credit report.

Here's a possible explanation of why enforcement is designed this way:

So as I read this, if no liens can be applied to a property and no levy can be applied to collect the penalties, there was an intention to make the penalty only really apply to those who actually care about their credit.

It seems to me that there was actually no intention to have the newly insured actually pay for anything. It was nothing but a wealth transfer tax, as many of use have been thinking all along.

Origin and Rise of Compulsory Medicine
starting with Bismark

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