Humana, a major health care provider, has been ordered by the Federal Government to cease and desist from a program of mailings to their clients with negative information about the proposed health care legislation.  I believe the actions of Senator Max Baucus and the Centers for Medicare and Medicaid Services (CMS) are despicable and are just another indication that the liberal majorities in Congress and the Administration will not tolerate opinions which are different than their agenda. 

To state the obvious, the more government becomes involved in segments of the economy, the more those segments lose freedom to run their businesses and even to speak out against the abuse of power by the bureaucracies. 

Humana and other health care vendors receive government money and the government thinks that means that they can muzzle these companies from voicing their opinions on pending legislation. 

Despicable, unconstitutional and frightening to those who love this country and the freedoms upon which it was built. 

NPR Health Blog (NPR is National Public Radio – hardly a right wing outlet) has an article today <link here> which describes the sequence of events.  The Huffington Post – again not exactly a right wing source – has provided a copy of the Humana mailing which generated the controversy.  <link here>

Different news accounts indicate that the President wants to cut out the Medicare Advantage plans (Medicare Part C) in order to save 100 to 500 billion dollars. The President has objected to the government subsidies paid to the providers, considering these subsidies in his category of waste and abuse.  As usual, my only response is Horsepuckey. Don’t let me confuse you with these technical terms.  I believe the President is misrepresenting the facts and merely wants to eliminate a partial privatization of the Medicare programs.

Most Medicare part A services (hospitalization) are provided to Medicare recipients without a premium charged for the coverages if the recipient has worked and paid Medicare taxes for 40 calendar quarters in their working life.  A premium for coverage is charged for Medicare part B (doctors services) – typically less than $100 per month. These programs provide government paid services for approximately 80% of a patients costs.  Most seniors purchase private insurance (medigap coverage) to help with the costs not covered by Medicare.

The Medicare Advantage plans were put in place by the Balanced Budget Act of 1997 – under President Clinton.  The bill offered Medicare recipients the option of receiving their Medicare services through private insurance vendors.  The government negotiated the benefits packages with the health care vendors and the Medicare Advantage plans replaced the Medicare A and B services. The government pays the vendors a premium contribution in addition to the premium charged to the recipient.  (President Obama’s wasteful subsidy). The recipient pays a monthly premium (automatically deducted from Social Security payments – like the part B premiums) which is close to the part B premium that they were paying.  The plans cover more of the costs than part A and B coverages, they offer additional service emphasizing preventive care (physicals, eye and dental coverages for example).  Medigap coverages are not necessary.  The Medicare Advantage plans provided prescription coverage before Part D was implemented.  Most important they give recipients choices to fit their expected needs.  Multiple providers and multiple plans from providers allow the recipient to shade their costs and coverages toward the needs they expect to have during the next year.  The vendors renegotiate their plans with the government each year and the recipient makes new choices each year based upon their experience with the company. 

The government gains from the part C programs by buying health coverage at a fixed and predictable cost per patient.  They transfer the administration of the plans to private companies.  The insurance companies offer plans which are specific to the county or regional needs and circumstances.  They negotiate their contracts with doctors and medical providers locally and have an incentive to identify fraud and problem providers within each local area. My perception is that the Medicare Advantage plans offer value and cost control in an environment that does not prize these features.  Most important they offer choice to the recipients.  Not just a choice among the plans but a choice to accept the Part C programs instead of A and B. There is nobody in the Medicare Advantage plans who did not choose to be there.

Their WayBut the plans represent a partial privatization of Medicare and is therefore an anathema to the President and the leaders of Congress.  The left does not believe in free choice, you will remember.  They believe that government knows better what each of us needs. The President who promised that nobody would be removed from their existing coverages wants to eliminate the Medicare Advantage plans impacting 20% of seniors on Medicare.

So the heavy hand of government has told Humana that they cannot tell their clients that they are going to lose services.  They cannot tell their policy holders to speak up if they disagree with this outcome.  The same government that fired CEOs of auto companies and banks and now must approve salary packages of banks is telling a major health care company that they can not voice their opinions to their own customers.  This is WRONG - and it is getting worse by the day. 

And by the way – do you think they would have silenced Humana if the company had agreed with them?

WAKE UP AMERICA !!

 

 

 

 

 
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17 Comments on What ever happened to Liberty and Freedom of Expression

SEP
23

These Libs seem to forget, IT'S NOT THEIR MONEY! They take the money away from "we the people", then think they're our masters.

11:13am • #1
148,437 Points 4 Featured Posts Outside Blog

Thanks, Jon, for stopping by.

This didn't start out to be a rant about the health care proposals - that may be the subject of another post.  My concern today is the silencing of Humana and the heavy handed tactics of the Administration and the Leadership.  I guess that is the "Chicago Way".  

 

11:21am • #2

I thought the First Amendment was reserved for people, not for corporations.  I agree that we should defend citizen's right to free speech, but are we to extend that right to non-living entities as well?

11:32am • #3
148,437 Points 4 Featured Posts Outside Blog

Point well taken, Cameron - I have modified the title of the article to avoid others from focusing on that question. 

But I do not agree with your distinction.  First Amendment rights certainly apply to newspapers - which are corporations.  Although business speech may see some regulation such as false or deceptive advertising, political speech is protected, in my view, from government limitations - even for a corporation. (currently being examined by the Supreme Court in the context of campaign finance reform)

What is the legitimate government interest that should prevent a health care provider from communicating with its customers on the subject of proposed legislation which will impact the delivery of services to them ?

Thanks for stopping by.

 

11:53am • #4
339,438 Points 4 Featured Posts Outside Blog

Ted - in regard to Cameron's question, corporations have been held to have the same rights as people, the supreme court effectively granted them "personhood". It is even defined in U.S. Code Title under definitions: "the words “person” and “whoever” include corporations, companies, associations, firms, partnerships, societies, and joint stock companies, as well as individuals;"

Unless there is something in the contract that states Humana cannot send out this type of information, Baucus and congress are exceeding constitutional authorities by this abominable action.

12:39pm • #5
104,266 Points 1 Featured Post Outside Blog Hit Router

Constitutional authority means nothing to these people.

Ted thank you for such a great post and great information.

 

 

12:59pm • #6
308,265 Points Localism Sponsor Outside Blog

Ted - This president and this administration including the liberal Congress are exceeding the authority given to them by the Constitution and thereby trampling under foot the rights of we the people, and the free press says nothing.

Are you still wondering what I said about a communist takeover of America?

1:15pm • #7
308,265 Points Localism Sponsor Outside Blog

Featured this one, brother Ted. Good job! Wake Up America, Stand Up America!

1:16pm • #8
148,437 Points 4 Featured Posts Outside Blog

As indicated, even NPR and the Huffington Post thought the government was out of line.  

It is not often that I agree with their line. 

Thanks to all for stopping by

 

2:42pm • #9
102,881 Points 2 Featured Posts Localism Sponsor Outside Blog Hit Router

Ted,  They are trying to smash anyone who disagrees with them.  It started with flag@whitehouse.gov

Hopefully all the negative press the last couple days will reach seniors more effectively than a mailing. 

This is a communist regime.  They just have not told us yet.  If the Congress is turned around in 2010 there is still hope of repealing this.  It can also be amended to remove most of it.

Mike is correct about Corporations. 

5:44pm • #10
148,437 Points 4 Featured Posts Outside Blog

The election of 2010 is crucial.  All 435 Congressmen are up for re-election and 1/3 of the Senate.  

We only need a net gain of 21 seats in the House.  I urge all who have strong opinions on these matters to begin early to support candidates who agree with you.  The sense of urgency that we feel now must remain in place for more than a year until November 2010.  Some states will have primary elections which may be significant.  In Florida ours will be in August of 2010. 

This may be the most significant election of my long life.  And it is a tune up for 2012.  But the control of the House of Representatives will remove Nancy Pelosi from power and will bring appropriations bills back under the control of a Republican majority.  This is a major goal and all of those who share our concerns must start working now to find candidates to run and win in 2010. 

There is rarely a major turnover in Congress.  Most people think their representative is OK and it is everybody else in Congress that is wrong.  As a result we end up sending 98% of incumbents seeking reelection in the House back to Congress.  The odds are stacked heavily in favor of the incumbents (because the incumbents write the rules).  

This must not stand.

6:35pm • #11
308,265 Points Localism Sponsor Outside Blog

Well Doc, let's stand together for Florida. Marco Rubio for Senate anyone?

10:37pm • #12
288,281 Points Outside Blog

Ted,
I just fear that the country will not make till 2010, we are so dangerously close to a complete govt takeover I wouldn't be surprised to see things get so bad that they cancelled the elections.Then the doo doo will hit the fan

10:38pm • #13
148,437 Points 4 Featured Posts Outside Blog

Marco Rubio is an outstanding candidate for this place and time for the Senate.  Although he will replace a Republican and, therefore, he will not alter the figures for the majority in the Senate, Marco is a true conservative and will be a very different voice in the Senate than his challenger, Governor Crist. 

For those of you who support the conservative causes or who are in Florida, Marco can use your support now.  In the next six days, another quarter will end for financial reporting by the campaigns.  Your contribution to the Marco Rubio campaign would be timely and appreciated. <Link to MarcoRubio.com>

Bravo ! Marco Rubio

11:34pm • #14
SEP
25
148,437 Points 4 Featured Posts Outside Blog

Hugh - a year ago, I would have said that can't happen here.  Now? Well, we will see, said the zen-master.

 

3:39am • #15
SEP
26

Hold up just a minute, before you go dragging out the constitution and quoting the founding fathers, I think there is something you are missing.  Humana takes payments from Medicare, Medicaid, and every other kind of government service, so they are not allowed to make political statements.  Just like churches can't get into politics because they get tax exemption from the government.  If the government gives you money, you can't try to persuade policy, that is just common sense.  It is a conflict of interest.  If Humana wants to get into politics, simply stop taking the government money.  Do you think they will do that?  

10:55am • #16
148,437 Points 4 Featured Posts Outside Blog

Thank you for you comment, Brian.  I appreciate all opinions here. 

I think I disagree with your conclusion, however.  This is not a partisan message or intended to influence an election.  The funds they receive in excess of the actual premiums paid by their clients are for the purchase of specific services over and above typical medicare coverages.  The legislative proposal under discussion is believed to have an impact on the company's delivery of services.  The message was sent only to customers, not the general public.  Humana is a contractor for the Feds.  They are not accepting grant money, bailout funds or accepting government ownership.  I believe that these communications should be protected. I understand your counter-argument.  It may take a court to decide the issue.

Those of us who are suspicious of government regulation would object to these gag orders - as we object to federal government approval of banker salaries, federal firing of corporate CEOs, and dictating the type of cars that should be produced.  

The congress has limited experience in operating companies in the sectors that are seeing increasing control.  The assumption that congress can establish better corporate policies than the management of the companies is curious to me. 

Thanks, Brian for stopping by

 

4:35pm • #17

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Ted Baker - Real Estate in Central Florida

Winter Haven, FL

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