My Rule for Life

I would rather live my life as if there is a God, and die to find out there isn't, than live my life as if there isn't, and die to find out there is.

Sunday, August 16, 2009

HR3200/Section 208

While all the TV pundits are hyping their favorite sections of this moronic government bill I am more concerned with sections such as this one. IMHO, this is quietly stealing the power from the states and giving it to the Federal government. Thereby diluting the power and sovrenty of the states as The Constitution, so well thought our, attempts to preserve.

The problem with this is in the first and last lines of the section.

SEC. 208. OPTIONAL OPERATION OF STATE-BASED HEALTH INSURANCE EXCHANGES.

    (a) In General- If--


      (1) a State (or group of States, subject to the approval of the Commissioner) applies to the Commissioner for approval of a State-based Health Insurance Exchange to operate in the State (or group of States); and

      (2) the Commissioner approves such State-based Health Insurance Exchange,

    then, subject to subsections (c) and (d), the State-based Health Insurance Exchange shall operate, instead of the Health Insurance Exchange, with respect to such State (or group of States). The Commissioner shall approve a State-based Health Insurance Exchange if it meets the requirements for approval under subsection (b).

    (b) Requirements for Approval- The Commissioner may not approve a State-based Health Insurance Exchange under this section unless the following requirements are met:

      (1) The State-based Health Insurance Exchange must demonstrate the capacity to and provide assurances satisfactory to the Commissioner that the State-based Health Insurance Exchange will carry out the functions specified for the Health Insurance Exchange in the State (or States) involved, including--

        (A) negotiating and contracting with QHBP offering entities for the offering of Exchange-participating health benefits plan, which satisfy the standards and requirements of this title and title I;

        (B) enrolling Exchange-eligible individuals and employers in such State in such plans;

        (C) the establishment of sufficient local offices to meet the needs of Exchange-eligible individuals and employers;

        (D) administering affordability credits under subtitle B using the same methodologies (and at least the same income verification methods) as would otherwise apply under such subtitle and at a cost to the Federal Government which does exceed the cost to the Federal Government if this section did not apply; and

        (E) enforcement activities consistent with federal requirements.

      (2) There is no more than one Health Insurance Exchange operating with respect to any one State.

      (3) The State provides assurances satisfactory to the Commissioner that approval of such an Exchange will not result in any net increase in expenditures to the Federal Government.

      (4) The State provides for reporting of such information as the Commissioner determines and assurances satisfactory to the Commissioner that it will vigorously enforce violations of applicable requirements.

      (5) Such other requirements as the Commissioner may specify.


    (a) In General- If--

      (1) a State (or group of States, subject to the approval of the Commissioner) applies to the Commissioner for approval of a State-based Health Insurance Exchange to operate in the State (or group of States); and

      (2) the Commissioner approves such State-based Health Insurance Exchange,

    then, subject to subsections (c) and (d), the State-based Health Insurance Exchange shall operate, instead of the Health Insurance Exchange, with respect to such State (or group of States). The Commissioner shall approve a State-based Health Insurance Exchange if it meets the requirements for approval under subsection (b).

    (b) Requirements for Approval- The Commissioner may not approve a State-based Health Insurance Exchange under this section unless the following requirements are met:

      (1) The State-based Health Insurance Exchange must demonstrate the capacity to and provide assurances satisfactory to the Commissioner that the State-based Health Insurance Exchange will carry out the functions specified for the Health Insurance Exchange in the State (or States) involved, including--

        (A) negotiating and contracting with QHBP offering entities for the offering of Exchange-participating health benefits plan, which satisfy the standards and requirements of this title and title I;

        (B) enrolling Exchange-eligible individuals and employers in such State in such plans;

        (C) the establishment of sufficient local offices to meet the needs of Exchange-eligible individuals and employers;

        (D) administering affordability credits under subtitle B using the same methodologies (and at least the same income verification methods) as would otherwise apply under such subtitle and at a cost to the Federal Government which does exceed the cost to the Federal Government if this section did not apply; and

        (E) enforcement activities consistent with federal requirements.

      (2) There is no more than one Health Insurance Exchange operating with respect to any one State.

      (3) The State provides assurances satisfactory to the Commissioner that approval of such an Exchange will not result in any net increase in expenditures to the Federal Government.

      (4) The State provides for reporting of such information as the Commissioner determines and assurances satisfactory to the Commissioner that it will vigorously enforce violations of applicable requirements.

      (5) Such other requirements as the Commissioner may specify.


      The Commissioner is appointed by the Presidential Czar who is at the beck and call of the President. This circumventing of the Constitution again, IMHO.

2 comments:

MightyMom said...

except that states. TX included are going to (or have already) enforced I think it's amendment 10?? that reinforces a state's rights over the feds....

Most Rev. Gregori said...

The whole involvement of the federal government into our health care system is totally unconstitutional.

When the hell is the Supreme Court going to step in. Can't we impeach the President and the Congress for Violating the Constitution?

Lutheran Pastor Dietrich Bonhoeffer

Destruction of the embryo in the mother's womb is a violation of the right to live which God has bestowed upon this nascent life. To raise the question whether we are here concerned already with a human being or not is merely to confuse the issue. The simple fact is that God certainly intended to create a human being and that this nascent human being has been deliberately deprived of his life. And that is nothing but murder.

Read more about this famous Lutheran Pastor at:
http://en.wikipedia.org/wiki/Dietrich_Bonhoeffer