Overturn or repeal and replace? With What?
I believe the Republicans in Congress should begin a new affordable health care program, with one simple bill. Here is my rough draft.
True affordable health care act
Article I Elimination of excess premiums caused by ObamaCare.
- That portion of health care premiums charged to implement ObamaCare (aka the affordable health care act) shall be reduced by that portion of increase required to implement the provisions of the law but not less than 12% beginning immediately with the calendar or billing date after June 30th 2012. Policies will lapse for any adult, age 18 or older immediately after that same date, unless state law dictates otherwise.
- policies for health care that were provided to individuals who would otherwise have been denied on the basis of preexisting conditions at the time the policy was issued shall lapse at the end of the policy year, and insurance companies are not obligated to renew these policies unless state law dictates otherwise.
- Policy caps that would have otherwise been enforced except for ObamaCare shall be restored, and individuals receiving treatment after the the 30th of June will be bound by those caps, unless state law dictates otherwise.
- For the purpose of this bill, policies that began on other than the first calendar day of the month and therefor terminate on other than the last calendar day of the month shall continue in force until the end of the policy month in July and provisions that designate June 30th shall be applied effective on the first day of the new policy month beginning in July.
Article II Authority of Congress to regulate healthcare within states.
- Congress shall make no law abridging the right and responsibility of the states to regulate health care. Nor shall Congress impose any mandate on states for coverage.
Article III Regional health care state cooperatives.
- Congress will permit states to form voluntary regional cooperatives to distribute the cost of health care among regional populations and permit reciprocity agreements between states allowing the coops to reduce the burden of compliance. The federal government will recognize those cooperatives with reciprocity agreements as not being interstate commerce, but rather regional government administrative entities subject to state jurisdiction alone. Reciprocity is defined to mean that states will accept as authoritative the regulatory enforcement over health care insurance providers by all member states as if they themselves had performed the regulation. And will enforce the provisions of the insurance policy in their own courts. Member states have the right to limit provisions or polices offered through coops to their citizens and state shall have an annual right to exit the coop. Upon exit the state must continue to support policy holders as if they were coop member states until the renewal date of any policy properly acquired before the state withdrew from the coop.
Article IV Interstate sale of insurance policies other than through state cooperatives.
- It is recognized that a significant portion of the cost of health care insurance is the result of regulations imposed by governmental authority. For this reason Congress will not administer any program to allow interstate sale of insurance polices, since it is the responsibility of each state to regulate insurance companies that offer insurance within their state. It is also the responsibility of the state to adjust mandates increasing or decreasing coverage on specified procedures, services, etc., as well as offering coverage with limitations as the citizens of that state demand. To prevent fraud, and to insure that the fiscal reliability of the insurance companies that offer polices in any given state remain sound as determined by state regulators , and to insure that policies offered within any given state meet or exceed the mandates imposed by state legislators, the sale of health insurance policies from companies not under the jurisdiction of the state in which the sale occurs shall be prohibited except as in those cases where said policy is offered through an authorized regional state coop as defined here in.
Article V Establishment and termination of agency to monitor compliance.
- The Congress shall establish a agency to insure that compliance with the cost reducing provision of this bill shall be met, and such agency shall exist until the end of this Congressional session, but no longer. The purpose of the agency shall be the first point of contact for anyone concerned that their insurance company failed to reduce premiums appropriately as indicated in this bill. To that extend the agency will gather information through hotline voice technology and internet registration. Such information shall be referred to Congress and to state insurance regulatory agencies for further review. Funding for this agency shall be redirected from funds previously allocated to HHS.
Article VI Funding for ObamaCare is terminated.
- All funds for implementation of ObamaCare are here by terminated as of July 1 2012. Funds for investment required by the law spent by the states before the date the law has been overturned may be submitted for consideration. It is not the intent of Congress to reimburse insurance companies, and only those expenses that were reasonably incurred by every state shall be considered for reimbursement to any state with credit for payments already made being taken into consideration.
Article VII Entirety and severability.
- This constitutes the entire regulation, and no riders, amendments, or earmarks in any form or by any name shall be include with or impact on this bill.
- If any portion of this bill shall be deemed unconstitutional the remainder shall remain in force.
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