Editorial

Legal challenges may provide time to get health care reform right

Tuesday, March 23, 2010

It's hard to cheer for lawyers, but when the other choice is politicians, what alternative do we have?

President Obama is expected to sign a massive health care reform bill today that is among the most heavy-handed measures ever imposed on American citizens. Passed during off-hours with nearly half the Congress and more of the public and a majority of Nebraskans opposed, the bill will do more to insert Washington into our every-day lives than any law previously imagined.

But more and more states are signing on to a legal challenge that may succeed in giving cooler heads a chance to craft surgical improvements to an ailing but functional health care system that would be thrown into a wood-chipper by the travesty on President Obama's desk.

Nebraska Attorney General Jon Bruning, who also happens to be president of the National Association of Attorneys General, said our state will join a dozen or so others already challenging the health care reform bill.

"It tramples on individual liberty and dumps on the states the burden of an unfunded mandate that taxpayers cannot afford," Bruning said.

The reform bill would violate the U.S. Constitution's commerce clause by mandating that all Americans have some form of health insurance.

"This is the first time in American history where American citizens will be forced to buy a particular good or service," he said.

Bruning and Gov. Dave Heineman, both Republicans, say they're concerned about costs, both cuts to Medicaid and the increased taxes and premiums Nebraska residents will have to pay.

State Sen. Beau McCoy of Omaha proposed a constitutional amendment this year to prohibit the state from forcing citizens to buy health insurance, or fining people for not obtaining insurance. That measure remains in committee, and is unlikely to advance, but similar legislation was proposed in at least 36 other states, and Idaho adopted its version of the bill earlier this month.

It's interesting to note that Sen. Ben Nelson, who could have killed the entire bill at an earlier juncture, now says he'll vote against the health care measure in the Senate this week, because of the federal takeover of the student loan system grafted onto the health care reform bill to improve the balance sheets, somewhat. We'll let readers fill in their own commentary on Nelson's position.

Yes, health care costs are out of control and something needs to be done, and soon. But it needs to be done in a responsible, sustainable way that doesn't trample on individual liberties and bankrupt the country in the process.

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  • What needed to be done was put a cap on how much insurance companies can charge for insurance. They are making money hand over fist and are laughing all the way to the bank right now. Insurance stocks are up today. It's the cost of the insurance that is the problem...that's why so many don't have it...they can't afford it.

    -- Posted by FNLYHOME on Tue, Mar 23, 2010, at 1:16 PM
  • Actually the insurance companies (and the oil companies) operate on a very slim profit margin, less than McDonalds and the trial lawyers. If insurance stocks are up, good, that means that stockholders are making money....stockholders are investors in most retirement plans.

    -- Posted by dennis on Tue, Mar 23, 2010, at 2:48 PM
  • They operate on a "slim profit". I beg to differ. The oil industry post millions of profits every year and now insurance companies will also. Yes, granted the "investors" are making money, but how does that help the people making less than $100K trying to afford those "profits" for the investors?

    -- Posted by FNLYHOME on Tue, Mar 23, 2010, at 3:12 PM
  • Very interesting to see the details. This bill also makes the pharmaceutical companies and health insurance companies pay an annual fee. This fee is increased throughout the term and helps pay for the cost of the bill that everyone is complaining about.

    http://www.usatoday.com/news/washington/2010-03-22-health-you_N.htm

    -- Posted by FNLYHOME on Tue, Mar 23, 2010, at 3:25 PM
  • You are exactly right Dennis, insurance company make about a 2% profit. And stocks are going up because these companies are going to very well with 15 million more people eventually getting what they think are free meds/ins. But this is short term becouse once the majority of these so called benefits kick in 4 years from now you're going to see most insurance companies fold up shop and the government will be in charge. Kind of makes me through up in my mouth a little!!!!!!

    -- Posted by remington81 on Tue, Mar 23, 2010, at 4:26 PM
  • Rural Citizen:

    "Very interesting to see the details. This bill also makes the pharmaceutical companies and health insurance companies pay an annual fee. This fee is increased throughout the term and helps pay for the cost of the bill that everyone is complaining about."

    Me:..I don't know about anyone else but when I was in business, providing a 'service,' my entire income was derived from the consumer. No matter how many fees, and operating gratuities I paid, the money came from the customer, in the long run. Could it be that is the reason the customer/consumer is a tad upset??

    Original offering:

    "It's interesting to note that Sen. Ben Nelson, who could have killed the entire bill at an earlier juncture, now says he'll vote against the health care measure in the Senate this week, because of the federal takeover of the student loan system grafted onto the health care reform bill to improve the balance sheets, somewhat. We'll let readers fill in their own commentary on Nelson's position."

    Me:..Ben Nelson is not the primary problem here. He did what he thought best, and the people voted him into office to do his bes (not expecting perfection// no one that dumb). Ben is wrong, OK?? Leave it at that and get to the crux of the matter.....We allowed a person/people, through a vote of the majority win type election, and now know that they feel we need something we cannot accept, even though they are going to jam it down our throats any way.

    The Health-care Bill is not the actual problem. The problem seems to be "Control," not Health-care.

    The Administration, and Congress now knows that 'We-the-People,' will tolerated anything they do, so long as there is enough of a bribe involved (Nebraska accepted, that is (Thank God)). Congress has attacked the People, for getting sick, and wants us to suffer, when they should be attacking the people who Charge for our Illnesses:: Hospitals, Pharmaceuticals, and such.

    Example: I had a heart-cath, a few years ago, and had two blockages repaired with 'Stent's.' My Surgeon received about $1,500 for a four hour, problematic, episode fixing me. The hospital received over $65,000. Who overcharged??? The over charging surgeon?? NOPE! The Poor Hospital that was paying a dividend of over 15%?? Why no one ever addresses that minor problem charge, of $65,000.

    Oh, and I happen to be a survivor of American Socialistic Medicine, better known as the U S Navy. The Physicians were paid a salary, so they worked as light a day as they could. Many the time, I sat in a waiting room bench, until my MD finished his daily round of tennis, or What-ever. No one will enjoy Socialized medicine. Oh, some of the folks get good service, but many will not, and especially old folk, or badly ill, will die waiting for an opening to be cared for.

    Sorry folks, I could probably rant all evening, but no one could read the whole presentation, so I will shut my fingers up, and hope that someone will wake up and stand up, and look up to Capital Hill, and scream that we do not wish to see our country destroyed, by a program that benefits the illegal, and kills the legal.

    In Jesus name, Pray and ponder, please.

    -- Posted by Navyblue on Tue, Mar 23, 2010, at 8:32 PM
  • It is always fun to read comments from people who are completely ignorant of economics and business.

    Where do you think this is all going to come from? Will it just fall from the sky? This irrational hatred of business and corporations is just amazing. So rural do you have any money in the market? If so then you are the insurance companies and the oil companies. Face a fact corporations exist for one purpose to maximize shareholder profits.

    This bill will increase insurance costs and pharma costs period. it is going to fail and the next step will be the public option.

    -- Posted by Chaco1 on Wed, Mar 24, 2010, at 8:40 AM
  • I don't know about your insurance rates but my insurance rates have tripled in 2 years. I have had absolutely NO CLAIMS. Someone had to do something. I'm not Democrat nor Republican however if there is a better solution why didn't the Republicans come up with it? Stop talking and show some action. Get things done. Not everyone is going to be happy about all of the decisions politicians make but who voted for these people? If you don't like it, change it. Introduce something new that is sensible.

    -- Posted by FNLYHOME on Wed, Mar 24, 2010, at 11:26 AM
  • I would agree that the cost of health insurance is about to skyrocket. The insurance companies will be forced to assume risk that they would not normally assume, and everyone will be required to purchase insurance from somewhere. It would only make sense that the insurance company will pass the extra cost involved on to the consumer.

    I have written this elsewhere before; but I believe that our society is a heavy contributor to the problem. This is a sue happy society that files a lawsuit at the drop of a dime, and a legal system that hands out rediculous awards as a result of these lawsuits. Every person that practices medicine must have costly malpractice insurance, or they dont practice. Every manufacturer of medical equipment and supplies must be heavily insured; because one the malpractice insurance company pays out a huge award, they will try to recover that loss by filing a lawsuit against the manufacturer of medical supplies and equipment if there is any suspected flaw. Your average teenager carries a cell phone that is more advanced than most of the equipment at McCook community hospital, but the hospital had to pay hundred of thousands of dollars for that equipment to cover the liability of the manufacturer. A good place to start with health care reform would be tort reform. Limit the lawsuits that can be filed as even a rediculously frivolous lawsuit costs thousands to defend; and limit the awards that can be granted as you simply cannot put a price on most of these things.

    Once the risk has been reduced, the insurance companies can reduce the premiums or be regulated in that direction. Im not saying this is the absolute answer, but I think we as consumers need to acknowledge our part in the run-up of health care costs and be willing to resolve it.

    -- Posted by seentoomuch on Wed, Mar 24, 2010, at 3:34 PM
  • Republicans were completely shut out of the process on this legislation. They did have ideas and put forward many amendments that were shot down by the dems. This entire process was behind closed doors. Nany Pelosi herself said that they needed to get this passed so the American people would know what is in it.

    All costs and taxes will be passed on to the consumer it basic econ 101.

    -- Posted by Chaco1 on Wed, Mar 24, 2010, at 6:38 PM
  • seentoomuch: agreed and thinks it all starts at home with teaching and upbringing of society.

    Chaco1: here we go again. republicans don't have a voice. blame EVERYthing on the dems. And the reps have been totally perfect in EVERYthing they've done over the last how many years?

    At least this President is trying to help find solutions instead of compound them by ignoring them.

    -- Posted by FNLYHOME on Wed, Mar 24, 2010, at 9:08 PM
  • Please point to me one republican idea that was incorporated into this bill.

    I also notice you don't adress my points about it being behind closed doors. If this legislation had been so good why did they have to twist so many arms to get it through?

    Did I say the republicans had been perfect? I love this debate tactic ignore the points brought up and play this silly game where you go back in time to blame bush or some other republican.

    Yep this president is trying to do somethign all right and I am not happy where he is taking us. Karl Marx said the key to a socialist society is government controll of the healthcare.

    We will see what happens in November and how the AMerican people react.

    -- Posted by Chaco1 on Wed, Mar 24, 2010, at 9:46 PM
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