Friday, September 28, 2012

9-28-12 Liability and Health Reform Update

9-28-12 - Liability and Health Reform Update
News and Information You Can Use

September 28, 2012

Editor, Donna Baver Rovito

This periodic compilation of news and information about health care reform relies on numerous sources for the stories health care professionals and concerned citizens need to be well informed.

Periodic opinions or political comments are the editor's and the editor's alone and appear in blue italics. This eNewsletter is not affiliated with or financially supported by any advocacy organization or political candidate or group.



1. Commentary
2. AFP "Hands Off My Health Care" Rally Oct. 2
3. ObamaCare Newsletters:
The Job Killing Regulations Keep Coming - Friday, September 14, 2012
New Analysis Shows Individual Mandate Hits Even More Families - Friday, September 21, 2012
Increasing Health Costs Break ObamaCare's Promises - Friday, September 28, 2012
4. Heritage Foundation - The Case Against Obamacare: Health Care Policy Series for the 112th Congress
5. Lehigh Valley Coalition for Health Care Reform Public Forum October 3



THIS is the time for health care professionals to become engaged in this critical election cycle, if you're not already. If you don't know HOW to get engaged, contact me and I'll point you in the right direction.

And if you don't remember WHY we need to be engaged, take five minutes to watch this rendition of our National Anthem by a 28 year old Navy veteran and his rock band - yes, I said ROCK band. It will inspire you like nothing you've seen in a long time.

I'm watching it and posting this on Facebook once a day, because it gives me hope. If these young people can be this passionate, while at the same time displaying humbling reverence, about our nation's flag, I think we're going to be OK....

Madison Rising - The Star Spangled Banner

Plus....who would have thought someone would record a version of the Star Spangled Banner that you'd want on your iPod? (My college senior says it's his new favorite song.)


Donna Baver Rovito

PS - Are you registered to vote? Have you prepared to send an absentee ballot if you might NOT be able to vote? Deadlines for these are rapidly approaching, so check your state's Department of State or your county Voter Registration office for details TODAY!


2. AFP "Hands Off My Health Care" Rally Oct. 2
Do you agree that we need to stand up for health care freedom? I do, and that’s why in just a few days, I’ll be on a plane to Harrisburg to join you and your fellow Pennsylvanians next Tuesday, October 2, at the Hands off My Health Care rally at the State Capitol!

Will you join me there? Let’s stand together and tell Governor Corbett and the State Legislature we don’t want a health insurance exchange in Pennsylvania. Together, we can stand up to Obama’s health care takeover.
I’ll be joined by my friend and Americans for Prosperity President, Tim Phillips and your very own Jennifer Stefano, State Director of Americans for Prosperity. We’ll also have some great leaders in your state legislature like Senator Mike Folmer and Representative Scott Perry!
As you know, the Obama administration is fighting hard to implement their disastrous health care law as fast as possible. They know that if we block it at the state level, it will only add more momentum to repeal it in Washington, DC. That’s why I hope you will join me and make a difference in the fight to stand up for health care freedom in the Commonwealth. I’ll see you there!

For Prosperity,
Michelle Malkin
P.S. At such a critical time for our state and nation’s future, you won’t want to miss this opportunity to make a difference! Join me, Tim Phillips, Jennifer Stefano, Senator Mike Folmer, and Rep. Scott Perry at the Hands Off My Health Care Rally!

Click here to sign up for the buses leaving from the following locations:
Bus 1 - Butler-Pittsburgh-Monroeville
Stop 1 - Butler- Butler Motor Transit, 210 South Monroe Street, Butler 16001 - (3:45 a.m.)

Stop 2
- Pittsburgh - Ross Towne Center, 7219 McKnight Road, Pittsburgh 15327 - (4:30 a.m.)
Stop 3
- Monroeville - Lowe's, 4200 William Penn Hwy, Monroeville 15146 - (5:00 a.m.)

Bus 2 - Connellsville-Somerset

Stop 1
- Connellsville - Laurel Mall, 1952 University Drive, Connellsville - (5:00 a.m.)
Stop 2
- Somerset- Quality Inn, Exit 110, PA Turnpike, Somerset - (6:00 a.m.)
Stop 3 - Bedford - Hoss's Steak and Seafood, 4308 Business Route 220, Bedford (7:00am)

Bus 3 - Gettysburg

Stop 1
- Walmart, 1270 York Road, Gettysburg, PA (8am) - Park near the Wendy’s

Bus 4 - Moosic - Lehighton

Stop 1
- Kmart, 3382 Birney Plaza, Moosic 18507 - (6:00 a.m.)
Stop 2
- Lehighton, Carbon Services, 531 Seneca Road Lehighton, Pa - (7:00 a.m.)

Bus 5 (Pennsburg-Allentown-Reading)

Stop 1
- Pennsburg - Perkiomen Tours, 875 Main Street, Pennsburg 18073 - (6:15 a.m.)
Stop 2
- Allentown - Calvary Temple Church, 3436 Winchester Road (Cedar Crest Blvd & rte 22, behind/next to Target) - (6:45 a.m.)
Stop 3
- Reading - Leesport Farmers Market, 312 Gernants Church Road, Leesport 19533 - (7:45 a.m.)

Bus 6 (Media-King of Prussia)
Stop 1
- Media - Granite Run Mall, 1067 W Baltimore Pike, Media 19063 - (7:00 a.m.)
Stop 2
- King of Prussia - Next to the Wells Fargo Bank, Route 202 & Mall Blvd, KOP - (7:30 a.m.)

Bus 7 (Doylestown-Langhorne)

Stop 1
- Doylestown - Doylestown Library, 150 South Pine Street, 18901 - (6:15 a.m.)
Stop 2
- Langhorne - Toys R Us, 2435 E Lincoln Highway, Langhorne - (7:00 a.m.)

**Departure times are in parentheses. Arrive 15 minutes prior to departure time.

3. ObamaCare Newsletters:

The Job Killing Regulations Keep Coming - Friday, September 14, 2012
New Analysis Shows Individual Mandate Hits Even More Families - Friday, September 21, 2012
Increasing Health Costs Break ObamaCare's Promises - Friday, September 28, 2012

((An excellent weekly resource))
((Three weeks of very informative newsletters))

The Job Killing Regulations Keep Coming
Friday, September 14, 2012


Health Law Means IRS Quagmire, Former Commissioner Says

Richard Rubin, Bloomberg BusinessWeek "The U.S. health care law’s process for providing insurance subsidies to middle-income families will produce a 'burdensome, costly and frustrating quagmire,' a former Internal Revenue Service commissioner told a congressional committee."

Related News

House Panel Passes MLR Bill

Elizabeth Festa,
"A House subcommittee late Tuesday passed legislation that would exempt commissions paid to insurance agents to find health policies in the individual and small group markets from the medical loss ratio calculation mandated under the healthcare reform law."

Hobby Lobby Sues Over Morning-After Pill Coverage
Tim Talley, The Associated Press
"Christian-oriented Hobby Lobby Stores Inc. filed a federal lawsuit Wednesday challenging a mandate in the nation's health care overhaul law that requires employers to provide coverage for the morning-after pill and similar drugs."


Compliance with ObamaCare Estimated at 80 Million Man-Hours

William McBride & Andrew Lundeen, The Tax Foundation
"Perhaps that sounds like a successful jobs program, as it will keep 40,000 people fully employed, filling out paperwork and sorting through a confounding pile of government regulations. Only problem is, that work is entirely wasteful and creates zero wealth for America as a whole. It would be better for America and for the 40,000 workers to do something useful, like build the empire state building 11 times over, to use the Ways and Means example."


Feds Need 18 Pages To Define 'Full-Time' For ObamaCare

Paul Bedard, The Washington Examiner
"In the latest indication of how complicated putting the Affordable Care Act into action will be, the Department of Health and Human Services and Internal Revenue Service issued 18-pages of regulations just to describe what a 'full-time employee' is. Of note, to the Feds a full-time employee works an average of just 30 hours a week, not the normally accepted 40 hours."

Why Health Insurance is About to Become More Costly

Linda Gorman, John Goodman's Health Policy Blog
"Those who built ObamaCare have historically viewed individually owned health insurance as a dangerous anomaly. By forcing everyone to purchase the bulk of his medical care through health plans with ridiculously extensive coverage of relatively inexpensive routine items, ObamaCare replaces less expensive cash purchase with more expensive purchase via an insurer. This will increase overall health care costs."

Curing the Pre-Existing Conditions of ObamaCare

Tom Miller & James Capretta, The American
"The country does not need ObamaCare to solve the relatively limited problem of restrictive insurance coverage for pre-existing health conditions. Nonetheless, it remains crucial for ObamaCare’s opponents to embrace a sensible fix. Apparent lack of a clear alternative should not provide an excuse for retaining the entirety of the ObamaCare edifice."


New Analysis Shows Individual Mandate Hits Even More Families
Friday, September 21, 2012

CBO: 11 Million Uninsured Americans Will Be Subject to ObamaCare's Individual Mandate 'Penalty Tax'

Avik Roy,
"According to CBO, 11-12 million uninsured Americans will be subject to the mandate; the agency expects more than half of them to pay the fine instead of buying insurance. But there’s something that the CBO didn’t say: as more people pay the 'tax penalty' instead of buying insurance, premiums for everyone else will go up, potentially triggering a death spiral in the private insurance market."

Related News

More Expected to Face Penalty Under Health Law

The Associated Press
"Nearly six million Americans, most of them middle-income workers, will face a tax penalty under President Obama’s health overhaul for not getting insurance, Congressional analysts said Wednesday. That estimate, from analysts at the nonpartisan Congressional Budget Office, is significantly higher than their previous projection, calculated in 2010 shortly after the law passed."

Oklahoma Challenges Health Law in New Suit

Louise Radnofsky, The Wall Street Journal
"Oklahoma's attorney general on Wednesday filed a fresh legal challenge to the federal health-overhaul law, zeroing in on penalties that employers in the state would face if they didn't offer affordable health coverage to their workers. The lawsuit puts a new twist on opponents' legal fight against the overhaul."

Insurance Companies Send Out Rebate Checks; Economists Get Nervous (Podcast)

David Kestenbaum, NPR's Planet Money
"Nearly 13 million Americans have gotten, or will soon be getting, rebates from their health insurance companies. This is because of a provision in the Affordable Care Act (aka Obamacare) that's supposed to force insurance companies to run better. But while the idea of getting a check from your health insurance company may sound great, some economists worry this rule could actually make health insurance more expensive."

Calif. Exchange Wants TV Shows To Help Tout Obama Healthcare Law

Sam Baker, The Hill
"Officials in California want prime-time TV shows to help promote President Obama's healthcare law. Outreach to television producers is part of the marketing plan adopted by California's insurance exchange — a new marketplace, created by the Affordable Care Act, where individuals and small businesses will be able to buy private insurance."


The Emerging ObamaCare Truth Is Disarray

Scott Gottlieb, Real Clear Markets
"The Obama team is woefully behind its own schedule for implementing features of the legislation. The critical regulations outlining what the Obamacare insurance benefit will look like was supposed to be out more than six months ago. Now it looks like this regulation won't be dropped until after the election. This is just one key aspect of the program that is way behind the administration's own timeline."

A Major Glitch for Digitized Health-Care Records

Stephen Soumerai & Ross Koppel, The Wall Street Journal
"The lobbyists promised that these technologies would make medical administration more efficient and lower medical costs by up to $100 billion annually. Many doctors and health-care administrators are wary of such claims—a wariness based on their own experience. An extensive new study indicates that the caution is justified: The savings turn out to be chimerical."

How ObamaCare Could Cause Nonprofit Hospitals To Lose Tax-Exempt Status

David Whelen, The Health Care Blog
"The most common theory is that reform causes consolidation. But what if the effect on hospitals is even more radical? What if the legislation changes the largely nonprofit nature of the industry?"

Forget About Providers, What Do Doctors Think of ObamaCare?

Sally Pipes,
"So providers are rejecting the ACO model on the front end — nervous about the significant and costly administrative burdens they’ll pose. But if they fight through the red tape and establish the ACOs that Obamcare wants them, they’ll find themselves unrestrained by competition and free to raise prices. Not exactly what the Obama Administration has in mind."


Increasing Health Costs Break ObamaCare's Promises
Friday, September 28, 2012


Rising Health Costs Undermine Obama Pledge to Curb Trend

Jake Tapper & Devin Dwyer, ABC News
"Two new independent studies of health insurance premiums and health care spending indicate both are rising at an accelerated pace, despite President Obama’s 2008 promise to contain those costs and his pledge that his health care legislation would reduce premiums."

Related News

Health-Care Price Rise Poses Challenge for U.S. Overhaul

Alex Wayne, Bloomberg
"Medical prices accelerated faster than some projections last year and the number of uninsured is rising, according to data that show the U.S. goal of expanding health care is veering onto a more difficult road."

Small Businesses To Bear Burden Of Health Insurance Tax

Betsi Fores, The Daily Caller
"The Health Insurance Tax (HIT) on fully-insured premium markets imposed by Obamacare could raise $87 billion over the next ten years and also cost between 125,000 and 249,000 jobs by 2021, according to a study."

Medical Device Makers Fear Tax

Kelly Kennedy, USA Today
"Even as the new health care law adds millions of insured customers to the paying pool, medical device manufacturers say a tax on their product could cost them billions... But the manufacturers say the tax will force money away from research, send jobs overseas and stop them from expanding in the U.S."


How Block Grants Can Make Medicaid Work

Paul Howard, Manhattan Insititute
"PPACA is poised to radically expand Medicaid coverage beginning in 2014—adding to an already crushing state burden of Medicaid costs. The “perfect storm” of Medicaid overspending, excessive regulation, and PPACA expansion is leading to serious discussions among governors and state Medicaid directors about block-granting federal Medicaid funding in return for significant state flexibility in Medicaid program design and administration."


The IRS Has Gone Rogue

Michael F. Cannon & Jonathan H. Adler, National Review Online
"The rule in question concerns the Patient Protection and Affordable Care Act’s tax credits, not the law’s tax increases. The tax credits are intended to offset the cost of insurance premiums for low- and middle-income workers. For many Americans, however, those tax credits are like an anchor disguised as a life vest. The mere fact that a taxpayer is eligible for a tax credit can trigger tax liabilities against both the taxpayer (under the act’s 'individual mandate') and her employer (under the 'employer mandate')."

ObamaCare Will End Medicare As We Know It

Paul Howard & Yevgeniy Feyman, The Washington Times
"Democrats claim that they haven’t raided Medicare, because the ACA doesn’t cut benefits. This is technically true but misses the larger point. If cuts to providers fall below the cost of actually providing those services to Medicare patients, providers will limit or stop offering those services to patients. Put another way, seniors will be offered fewer benefits."

Will the Rollout Of the Exchanges Be Delayed?

Jaan Sidorov, MD, The Health Care Blog
"The concerns are also damning in the context of the the normal tug of war between the states and Washington DC. That’s because in his testimony, Mr. Consedine states he wrote to HHS weeks ago and has not received a reply. While its’ not unusual for the Feds to stiff politically inconvenient inquiries, I am fearful that the reason why HHS seems unwilling to provide a timely reply is because it doesn’t know the answers."

How the AARP Made $2.8 Billion By Supporting ObamaCare's Cuts to Medicare

Avik Roy, Forbes
"So why is it that the group that purports to speak for seniors, the American Association of Retired Persons, so strongly supports a law that most seniors oppose? According to an explosive new report from Sen. Jim DeMint (R., S.C.), it’s because those very same Medicare cuts will give the AARP a windfall of $1 billion in insurance profits, and preserve another $1.8 billion that AARP already generates from its business interests."

ObamaCareWatch, a project of e21, provides one-stop shopping for anyone who wants a regularly updated, searchable database on the current and anticipated effects of ObamaCare, the facts and arguments about it, and new developments concerning it. Visitors to the site will have easy access to source documents about the law (primers, legislative language, CBO scores, etc.) and regulatory implementation information. Our aim is to pull and organize the best of the best, without regard to which institution or think tank originally published the material.

e21: Economic Policies for the 21st Century is a nonprofit, nonpartisan organization dedicated to economic research and innovative public policies for the 21st century. Drawing on the expertise of practitioners, policymakers, and academics, we aim to advance free enterprise, fiscal discipline, economic growth, and the rule of law.

1150 17th Street, NW - Suite 504 - Washington, DC 20036
Phone: 202-232-0090 | Email:

52 Vanderbilt Avenue - New York, New York 10017
Phone: 646-673-8539 | Email:


4. Heritage Foundation - The Case Against Obamacare: Health Care Policy Series for the 112th Congress
((This is an amazing resource.))
A Health Care Policy Series for the 112th Congress

Building on decades of Heritage research, The Case Against Obamacare: A Health Care Policy Series for the 112th Congress examines 15 key provisions of the Patient Protection and Affordable Care Act. Each report:

  • Cites specific sections of the 2,700-page health care law
  • Provides detailed analysis of specific Obamacare provisions
  • Identifies key principles for a better way to reform health care
The unmistakable conclusion of this series is that Obamacare must be fully repealed. Congress cannot build sound market-based health care reform on the flawed foundation of this health care law. Until it can be repealed, Congress must employ its full powers authorized by the Constitution to:

  • De-fund the new law’s critical aspects
  • Block any further provisions from going into effect
  • Engage in aggressive oversight of Obamacare – its regulations and implementation.
Upon repeal, Congress should pursue a careful and thoughtful process to develop targeted solutions that address practical problems in the health care system based on the principles of personal ownership, consumer choice, and free markets.

Download PDF:

5. Lehigh Valley Coalition for Health Care Reform Public Forum October 3

Everything You Wanted to Know About
How “ObamaCare” Affects Jobs, Business, and the Economy
(but didn’t know who to ask)

A frank discussion about how implementation of the
Patient Protection and Affordable Care Act (aka "ObamaCare")
will impact jobs and the economy,
how the employer mandate will affect insurance coverage,
how new taxes and fees will affect business growth,
the real costs of "ObamaCare,"
and how the law affects small and large businesses.

6:30 - 8 p.m.
Wednesday, October 3, 2012
Doors open at 6 p.m.

(We're ending earlier than usual to ensure enough time for attendees
to get home for the Presidential Debate)

Stacks Meeting Room, 2nd Floor
Bethlehem Area Public Library
11 W. Church St., Bethlehem, PA 18018
(Parking available in underground lot after 5 p.m.)

Dr. Christine Bongiorno, D.V.M.
Area business leader and taxpayer advocate John Brinson
Dr. Thomas Bonekemper, M.D., J.D.

Free, but space is limited, so please RSVP. Donations are gratefully accepted.




The Lehigh Valley COALITION for Health Care Reform is a non-profit, non-partisan
grassroots coalition of concerned citizens and health care professionals committed
to educating the public about the Patient Protection and Affordable Care Act (PPACA)
and other measures and policies impacting America's health.

Press Advisory – 9/26/2012

Local forum to focus on how health care law affects

businesses and the economy on Oct. 3

The Lehigh Valley Coalition for Health Care Reform will host a public forum about how the new health care law impacts businesses and the economy on Wednesday, October 3.

“We often hear people talk about how the new health care law will impact patients, doctors, and how we access health care in America,” says Coalition Chair Dr. Christine Bongiorno, D.V.M. “But what most people are not talking about is how the mandates, taxes, fees, rules, and new regulations that are all part of the PPACA will affect American businesses – and, in turn, how it will affect jobs and the economy.”

The forum, entitled “Everything you wanted to know about how ‘ObamaCare’ affects Jobs, Business and the Economy,” will feature a frank discussion about how implementation of the Patient Protection and Affordable Care Act (aka "ObamaCare"), will impact jobs and the economy, how the employer mandate will affect insurance coverage and how Americans will get health insurance in the future, how new taxes and fees will affect business growth, the real costs of "ObamaCare," and the many ways in which the law affects small and large businesses, says Dr. Bongiorno.

Joining Dr. Bongiorno, a veterinarian in the process of opening an independent veterinary practice in the Lehigh Valley, will be area business leader and tax reform advocate John Brinson and retired Lehigh Valley internal medicine specialist Dr. Thomas Bonekemper, M.D.

The 6:30 p.m. October 3, 2012 forum will be held in the Stacks Meeting Room on the second floor of the Bethlehem Area Public Library. The forum will be over by 8 p.m. in order to allow attendees time to get home for the presidential debate.

One of the new health care laws most troubling aspects, according to Dr. Bonekemper, is an excise tax on medical devices such as wheelchairs, pacemakers, and stents. “This is only one of many new taxes in the health care law, and it will cause a huge loss of jobs, not to mention the unfair impact on those who need medical devices, since the tax will be passed along to consumers or result in reduced budgets for research and development of new products. This will have a particularly negative impact on the economy here in the Lehigh Valley, which is home to many medical device manufacturers,” says Dr. Bonekemper. “From what I read, there are 360,000 employees with 60 companies nationwide that could be hurt by the 2.3% excise tax – and that’s just one aspect of how ACA will hurt businesses that create jobs.”
Another problem, according to John Brinson, longtime owner of a string of fitness centers, is the regulatory burden which will be placed on businesses to oversee the complex system of subsidies and mandates. “The regulations are going to be impossible to administer. How are part-time employees counted? How about those who have multiple jobs? How about those whose spouses have insurance? How about employees who are between jobs?” Brinson asks. “These and all other new rules and regulations will be handled by hordes of bureaucrat hirelings who don’t know anything about running a business. There are 80,000 of them in the UK. We would need 500,000!” says Brinson, who also noted that businesses will need to offer “government approved” plans to their employees.

The event is free to the public, but donations are gratefully accepted. Due to limited space, RSVP's are requested on the group's Meetup site (, or by emailing or calling 1-888-698-4111. Live streaming video, as well as archived video of previous Coalition events, is available at

The Lehigh Valley COALITION for Health Care Reform is a non-profit, non-partisan grassroots coalition of concerned citizens and health care professionals committed to educating the public about the Patient Protection and Affordable Care Act (PPACA) and other measures and policies impacting America's health.


Dr. Christine Bongiorno, DVM



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