Daily Archives: September 23, 2013

Congressional “Wounded Knee” : Affordable Care Act

THIS IS WHAT YOU GET WHEN YOU HAVE A BUNCH OF LITIGATORS TASKED WITH SOLVING A PROBLEM. 

Everything that is going on in Washington DC, is theatre – in Congress, the Administration and Media.  On one talk show this a.m., people were flinging terms around like principal, strategy, tactic… the difference of… the meaning of… and I’ve had it.  As a professional planner- my life centered around objectives, strategy and tactics for many years.  I lived to the “big objective”.  I participated in strategy discussions and the tactical implementation plans to achieve the objectives and I personally was involved with implementation and execution.

This is what we get when we ask a bunch of litigators to solve a problem.  They’ve made it bigger and worse and enough is enough.   For all those who don’t get “the big picture” — here it is:

Over-arching Objective for more than 50% of the U.S. population is for Congress to rescind the specific “parts” of the Affordable Care Act (ACA) that are in contention at present

Here is what the American Taxpayer wants Congress and the President to do:

  1. Clearly identify the “parts” of the Affordable Care Act (ACA) that have achieved consensus – meaning MUTUAL AGREEMENT – across the aisle – and mark GO FOR IMPLEMENTATION,
  2. Clearly identify those “parts” of the ACA that are still in contention, and do not have the “support” in its current form, of the American taxpayer, and members of Congress, and pull them,
  3. Implement and enact those “parts” of the ACA that have the support of, and gained consensus by, the American Taxpayer and both parties of Congress,
  4. and take those “parts” STILL IN CONTENTION back to Congressional desks and hammer it out until you reach consensus across the aisle and re-present to the American people.

This is not about who is winning or losing in Congress or what party is winning or losing or is this a slight against the President.  The American taxpayer is shouldering this — and Congress and the President — IT IS ALL ABOUT US — the ones footing the bill.  NOT YOU.  And we need you all to stop being friggin lawyers and demonstrate an ounce of common sense. All this lip beating about shutting down the government is bull.  DO YOUR JOBS.

A message to Nancy Peolosi :  You personally said “You have to pass it in order to know what’s in it”.  Well, it was a stupid statement then, and it still is.   That was forcing us to agree to and sign a contract without being allowed to read the fine print, make objections and changes, and refine the essence of the agreement and contract.  That was a dark day in this country whether anyone realizes it or not. 

What’s the legal expression? Caveat Emptor (Let the buyer beware).  In a court of law — if someone used the defense of buying a TERRIBLE SERVICE CONTRACT and wanting to sue the entity they purchased it from, they could not use “I didn’t read the contract” as a legitimate complaint or rationale. It would be thrown out.  Just as “ignorance of the law is no excuse”, the same applies to caveat emptor – it is up to the buyer to be knowledgeable about what they are getting for their money.  It was wrong for Congress to force passage of a law that has financial implication and ramifications – without giving the American Taxpayer the opportunity to understand the short and long term implications and the right to REJECT IT OR REQUEST FURTHER DISTILLATION.    That was wrong then, and it is wrong now.  Period.

So we passed it, we read it and we don’t like all of it IN ITS ENTIRETY,  That doesn’t mean trash the whole thing, and throw tantrums.  That means pull out the stuff that reads bad, is bad, and may need a rewrite and put in motion the stuff that is beneficial and good for the American people.  The American taxpayer should never accept ANY BILL by ANY CONGRESS or ANY PRESIDENT without having the opportunity to personally read (if a person so chooses), change, delete, repeal or support — once they are knowledgeable about all components and implications.  WE ARE PAYING THE BILL, it’s my dollar.   

Now, most do not know that the IRS (if asked in writing) will be furnishing the HHS with taxpayer history that will be used in evaluating what level of care the taxpayer will be able to get.  This a biggy folks.  It’s right out of the mouth of the IRS.  “On Aug. 13, 2013, the Department of the Treasury and the IRS issued final regulations with rules for disclosure of return information to the Department of Health and Human Services that will be used to carry out eligibility determinations for advance payments of the premium tax credit, Medicaid and other health insurance affordability programs. For additional information on the final regulations, see our questions and answers.”

—————————————————————————————————————————————-

Disclaimer:  I read and research Congressional, Treasury, HHS, IRS and Supreme Court rulings and decisions that impact our daily life in terms of taxes, adherence and filing status for the American taxpayer, specifically child care professionals, not-for-profit, individuals, 1099’s and businesses.  I do this as part of my services for one of my clients and, his clients.