There was an old country judge that had the highest criminal conviction rate in the state. When a reporter from the state capital came down to investigate this judicial phenomenon, the judge explained that he simply instructed the jury to listen very carefully to what the prosecutor had to say, then make their decision. The reporter cried indignantly, "Don't you also tell them to listen to the defense?" The judge replied, "Well, I used to, but it just confused ‘em."
20 years as a Texas judge taught me a few things about listening to both sides of an argument. In most cases, both sides truly think they're right. Then they start presenting arguments and evidence to try to prove their case. Naturally, neither side will present anything remotely supportive of their opponent, even if they know it's true. So as a judge, you sit there and weigh the evidence presented by all with a grain of salt, knowing that either side is capable of stretching the limits of veracity and withholding relevant information if not in their favor.
That's precisely the kind of case that all Americans are having to judge right now concerning the healthcare reform proposals being pushed by Democrats in Washington.
We hear it everyday in the press - the President says anybody who likes their current health insurance will get to keep it, while opponents say all private health insurance will be gone by 2013. Democrats in the House say their plans will control rising healthcare costs, while opponents say it will drive costs even higher. Opponents say the new system will eventually start denying care to elderly, and encourage euthanasia, while supporters say it won't.
Who's right? With our very lives at stake, along with 19% of our gross domestic product, being wrong could be deadly for us personally as well as our free market economy.
Let's examine the evidence together. In looking at the both sides of this case, let's leave out the emotion and political rhetoric, and try to look at just the facts on each major point.
To begin, we can only examine the bill passed by Democrats in the House Energy and Commerce Committee in late August, HR 3200. That will not be the final bill, if there is a final bill. The current House version would first be voted on by the entire House, where changes would be made, then reconciled with whatever the Senate passes, changed again, then brought to a final vote in both Chambers. But this Committee version is all we have in writing, so that's what we must judge.
1. Can You Keep Your Current Health Plan?
The bill contains no provision that would specifically abolish any health plan. But it would require all individuals and employers to purchase health plans approved by a new federal agency starting in 4 years, or pay a heavy tax penalty. It is not enough to require a health plan be purchased - it must be a federally approved plan to avoid paying an 8% payroll penalty by employers or a 2% income tax penalty by individuals. The bill allows the new federal agency to set any requirements they like on what constitutes an "approved" plan. Whether a current individual plan could survive and be approved by this new bureaucracy is suspect, as is whether an employer will continue to offer any current plan under these circumstances.
Verdict: PROBABLY Not
2. Will This Help Control Health Care Costs?
This issue is one of the most clear. After extensive research, the non-partisan Congressional Budget Office (CBO), which is currently overseen by the Democrat majority, officially reported to Congress that not only would it not hold down health costs, it would push them even higher than doing nothing. The number one problem with American health care is high cost, and this bill would make it worse.
Verdict: No
3. Does The Bill Encourage Denial of Care and Euthanasia for the Elderly?
There is no language specifically calling for denial of care or euthanasia. But language was added requiring Medicare to pay for "end of life counseling" that will include educating senior citizens on the option of pre-authorizing the cessation of life-sustaining care, and in states which allow physician-assisted suicide, education on that option as well. President Obama has made repeated references to avoiding costly treatments for elderly patients, and other nations that have adopted this same style health system do in fact limit medical treatments and encourage euthanasia for elderly patients. These facts, coupled with the creation of a new federal agency that will unilaterally determine what benefits are included in "approved" health plans AFTER the bill passes, is heavy evidence that the bill may encourage denial of care and euthanasia. But in this issue there is even more - a proverbial "smoking gun." The very advocacy groups like the now-defunct Hemlock Society that have historically lobbied for legalized suicide were instrumental in adding the "end-of-life" counseling section to the legislation.
Verdict: Yes
4. Does the Bill Use Federal Funds to Pay for Abortions?
There is nothing specific in the bill to fund abortions. However, the yet unspecified new rules for all "approved" health plans - rules that will be written by Obama Administration appointees AFTER the bill passes - could include abortion coverage. Over concerns on this issue, an amendment prohibiting abortion funding was submitted in the House, and subsequently voted down by Democrat members of the Committee. This provides substantial evidence that the new federal health plan rules could require abortion coverage by all health plans in the country, while the final decision remains unknown.
Verdict: Likely
5. Is This the Beginning of Single-Payer Healthcare?
Like most issues concerning this bill, there is no specific provision that would mandate single-payer socialized medicine and the shutdown of private sector healthcare. But as early as 2003 then-Senator Barack Obama was advocating single-payer healthcare publicly, and has recently stated along with key House Democrats that this bill would lead eventually to single-payer healthcare, over a period of 10-20 years. All of these comments are on tape and available to the public.
Verdict: Likely Over Time
6. Will the Bill Increase the Federal Deficit and Federal Taxes?
No argument here from either side. The bill will cost $1.28 trillion in the first 10 years according to CBO, and raise taxes $818 billion on those who cannot afford to buy insurance, not counting surcharges on small business income.
Verdict: Yes
7. Will the Bill Cost American Jobs?
No argument here either. The Obama Administration's own White House Council of Economic Advisors has estimated 4.7 million Americans will lose their jobs if the bill passes, as employers who cannot afford health insurance or the 8% payroll tax penalty will have to fire their employees, move overseas, or go out of business.
Verdict: Yes
There are many more issues to this bill than seven, but in my opinion the answers to just these are enough to reach a final judgment on HR 3200: NO.
HR 3200 is fatally flawed, does not provide the health reforms we truly do need in this country, and should be buried. It is one of the worst pieces of legislation I have examined since being elected to the House. It would destroy the finest quality health care system in the world, undermine the free market, throw Americans out of work, and violate the moral principles of the majority of this country in the process.
Examining all the evidence is not just important in determining action on legislation, but in writing that legislation to begin with. Like the story of the old judge who only listened to one side of a case, this bill was written without any consideration of opinions from anyone other than the liberal Democrat faithful, with a resulting faulty outcome.
We can do better. We don't need the federal government to take over the healthcare industry, we just need some commonsense bipartisan reforms.
First, we are already in bipartisan agreement to make affordable health insurance available to folks with pre-existing health conditions who are presently barred from buying a health plan.
We can let small businesses and organizations join together to purchase group insurance at the same affordable rates as big business, allowing more small employers to offer coverage.
We can remove restrictions on buying health insurance across state lines, letting families in prohibitively high-cost states purchase affordable plans in other states.
To pass these reforms will require a simple concession from the Democrat majority. That is to agree to work with Republicans in a bipartisan effort, and listen to both sides of the case before reaching a verdict.
Congressman John R. Carter represents the 31st Congressional District of Texas.
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