Many Republicans would like to end ObamaCare but offer no replacement. Others would replace it with unconstitutional provisions and by further complicating the income tax codes. For instance Congressmen Tom Price and Paul Brun are both physicians who have introduced replacement legislations:
- House Resolution 2300 – Empowering Patients First Act by Price – 249 pages
- House Resolution 2900 – OPTION Act of 2013 by Broun – 77 pages
These are not legislations that will take us to what should be the conservative goal of free market medical care. Individuals would own their own catastrophic medical insurance policies and pay for most of their care out-of-pocket.
Instead, these are multipage legislations with provisions that would complicate the income tax codes by further expanding Health Savings Accounts (HR 2300, Title I, Section110; HR 2900, Title II, Subtitle A). These accounts allow some income tax breaks to medical care. Although an interesting idea while our country has an income tax, it allows the federal government access to your medical data. These resolutions would allow increased individual deductions for health care expenditures. Again the federal government needs to define what is deductible and to do this, needs to accesses your “private” medical data. The federal governments will use this data to control our choices.
Many Republicans also advocate for a flat tax or ending the income tax. There is a basic inconsistency in candidates advocating to complicate the income tax, while at the same time advocating simplifying or ending the income tax.
HR 2300 in Title V has a provision for malpractice reform. Granted, in some states there is a problem but these states need to solve their own problems. HR 2900 in section 401 has the federal government micro managing emergency room screening procedures.
Both of these are unconstitutional because Article I, Section 8 of the Constitution establishes the powers of Congress. There is nothing in these powers that would allow for federal legal guidelines against the states or micromanaged emergency medical procedures.
Conservatives need to read the Tenth Federalist Paper where James Madison explains the purpose of federalism is to “control the violence of faction.” He says that, “The influence of factious leaders may kindle a flame within their particular States, but will be unable to spread a general conflagration through the other States.”
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