Amicus Briefs

FLORIDA, ET AL., v. DEPARTMENT OF HEALTH AND HUMAN SERVS., ET AL., NAT’L FEDERATION OF INDEPENDENT BUSINESS, ET AL. v. SEBELIUS, SECRETARY OF HHS, ET AL.

 

BRIEF OF ASSOCIATION OF AMERICAN PHYSICIANS AND SURGEONS, INDIVIDUAL PHYSICIANS and CITIZENS’ COUNCIL FOR HEALTH FREEDOM AS AMICI CURIAE IN SUPPORT OF PETITIONERS

SEBELIUS, SECRETARY OF HHS, ET AL., v. HOBBY LOBBY STORES, INC., ET AL., CONESTOGA WOOD SPECIALTIES CORP., ET AL., v. KATHLEEN SEBELIUS, SECRETARY OF HHS, ET AL.

BRIEF OF THE ASSOCIATION OF AMERICAN PHYSICIANS AND SURGEONS, INC., INDIVIDUAL PHYSICIANS AND CITIZENS␣␣ COUNCIL FOR HEALTH FREEDOM AS AMICI CURIAE IN SUPPORT OF PRIVATE PARTIES

LIBERTYUNIVERSITY,ET AL., v. JACOB J. LEW, ET AL.

BRIEF OF AMICI CURIAE ASSOCIATION OF AMERICAN PHYSICIANS AND SURGEONS, INC., CITIZENS’ COUNCIL FOR HEALTH FREEDOM, JANIS CHESTER, M.D., MARK J. HAUSER, M.D., AND GRAHAM L. SPRUIELL, M.D., IN SUPPORT OF PETITIONERS

Articles/Letters Published

'Biobank' bill threatens genetic privacy

CCHF President, Twila Brase, was published in the Pioneer Press on April 17, 2013 regarding legislation in the Minnesota House and Senate that would grant authority for DNA and personal medical information to be collected, stored and used for research WITHOUT individual consent. It has now been APPROVED by the Senate but still will need to be heard by the House before it can go to the Governor. Protect your Privacy! Sign the NoBiobank petition

RE: CCHF Letter Opposing MN Collection of Patient Medical Records

Unless the Administrative Law Judge chooses otherwise, the Minnesota public will be at the mercy of the Health Department's warehousing, data-mining, tracking, research and health care rationing agendas. Their private data will be warehoused in the State of Maine and placed online. They won't have had a choice—or a voice.

CCHF Letter to Gov. Pawlenty Opposing Government-Issued Treatment Protocols

After our delivery in May 2004, citizen petitions continued to arrive at our office. We include these because we believe they were not part of the petitions you received last year. And like those delivered last year, we have placed them in a red binder.

CCHF Obamacare Briefs

Will You Be Exempt from the Individual Mandate?

IRS DEADLINE FOR PUBLIC COMMENT: May 2, 2013

Comment online: www.regulations.gov (IRS REG-148500-12)

Starting on page 8 of the 73-page proposed IRS rule to implement the mandate:

"[The federal health care reform law] provides that an individual is exempt for a month for which the individual lacks access to affordable minimum essential coverage... 

CCHF Statements

Thank You For Your Support in 2013

Because of your generosity, 2013 was an incredible year. We have accomplished so much that would not have been possible without help from all of our supporters - like you. 

Declaration

Exchange Opt-Out

I declare that I am opting out of any and all participation in the national Obamacare Exchange system. I hereby refuse to enroll in -- or use -- any state-based, “state-federal partnership,” or federal healthcare.gov website portal (“health exchange”) created under the 2010 Patient Protection and Affordable Care Act (PPACA).  I base this declaration in part on the following reasons:

Diagrams

Are you Eligible for Obamacare?

Are you eligible for Obamacare? A mind-boggling flow chart for you and every family member from the National Association of Insurance Commissioners.

US Chamber of Commerce - Healthcare Infographic

This diagram from the US Chamber of Commerce is directed toward businesses with questions about whether they will be financially penalized for their employee health insurance coverage options.

The Obamacare Hub

Diagram showing flow of private data and public dollars within the Obamacare IT superstructure. updated April, 2014

CCHF Analyses of Legislation

New15 REASONS: Oppose Obamaʼs Health Insurance Exchanges (HIX)

There are at least 15 reasons to oppose Obama's Health Insurance Exchanges (HIX). A few are:
1) Exchanges are the "federal takeover centers" of Obamacare
2) Exchanges are a national registration and enforcement system for the IRS.
3) Exchanges will cost states $10 million - $100 million per year in operating costs.

Who Defines “Fraud, Waste, and Abuse”?

This document contains a sample of the various definitions of the terms “Fraud, Waste, and Abuse” from government agencies and health plans. There are more. The lack of a concrete definition in law should give pause as cost containment initiatives increase. Here are a few questions to consider:

2011 Minnesota Legislature - Activities, Testimonies, and Information

eNews Commentary

NewDon’t Drink the EHR Kool-Aid

The Obama administration needs you to believe a lie. They have already spent nearly $25 billion of the $36 million in taxpayer dollars allotted to move Americans from the security of paper medical records to the insecurity and government surveillance and intrusions of interoperable electronic health records (EHRs).

NewHow Obama Will Control Doctors

Electronic health records (EHRs) are the foundation of Obamacare. The 2009 HITECH Act (part of the Recovery Act, or ARRA) mandated government-certified interoperable EHRs and provided up to $36.5 billion to subsidize the cost of initial computerization. Already $24.8 million has been spent.

NewObamacare on a Stick?

At the Minnesota State Fair almost everything is served “on a stick.” Walking around last week, I found deep fried Snickers on a stick, walleye on a stick, alligator on a stick, meatballs on a stick, hot dish on a stick, frozen chocolate-covered cheesecake on a stick, meatloaf on a stick, spaghetti on a stick, pork chop on a stick, breakfast on a stick, shrimp dogs on a stick, lobster on a stick, and key lime pie on a stick.

Event Notices

NewCCHF 20th Anniversary Dinner SPECIAL OFFER!

Today is the LAST DAY to register for the CCHF Event on September 11th! 

Obamacare: Making Repeal a Reality

Don't miss Fox News All Star Stephen Hayes
and see the Special Offer we are making available for a LIMITED time!

NewSave the Date! Obamacare: Making Repeal a Reality

Save the Date!

On September 11, 2014, Citizens' Council for Health Freedom is celebrating their 20th Anniversary at their annual dinner by hosting Stephen Hayes from the Weekly Standard and Fox News All-Star Panel.

Put in on your calendar!

CCHFreedom is Paving the Way!

Citizens’ Council for Health Freedom held its annual fundraising dinner on November 15. “Paving the Way to Repeal” gathered like-minded individuals in Minneapolis to support the efforts of CCHF to stop Obamacare and end government intrusion in health care.

Projects

"RefuseMNsure.com" Billboard

Did you see our recent billboard? Just in time for the MN State Fair, we began our latest action in the national Refuse to Enroll campaign focused on the Minnesota Exchange called MNsure! But if you missed the billboard, you can still be part of the effort!

NewSupport CCHF's "Refuse to Enroll" Counter Campaign!

We need your help right now to defeat President Obama’s government Health Exchanges. It’s simple: Consumers can defeat this key component of Obamacare by simply choosing not to enroll. YOU can help us give consumers the reasons not to choose the Exchange. 

 

Exchange Opt Out

Federal Reform

Residents Each State Could Exempt from Individual Mandate

NewFederal Exchange Documents

This page provides various letters, documents, and regulations specifically related to the creation of a Federal Exchange, also called a "Federally-Facilitated Exchange" (FFE).

Important Federal Laws

Employer and Exchange Data-Sharing Requirements

This 3-page document provides the specific parts of the ACA that require national registration of individual and employer compliance with the health reform law's mandate to purchase health insurance. These sections of law specifically require reporting of name, social security numbers, employer ID numbers and other information required by the Secretary.

Health Information Technology for Economic and Clinical Health Act (HITECH)

The Health Information Technology for Economic and Clinical Health Act (HITECH) is embedded within the recovery act and it provides 27 billion dollars to implement the National Health Information Network. It requires doctors to use interoperable electronic medical records or face financial penalties. 

American Recovery and Reinvestment Act of 2009 (ARRA)

The American Recovery and Reinvestment Act (ARRA) enacted comparative effective research, which is likely to lead to the rationing of healthcare services. In addition, the Health Information Technology for Economic and Clinical Health Act (HITECH) embedded within the recovery act provides 27 billion dollars to implement the National Health Information Network and requires doctors to use interoperable electronic medical records or face financial penalties. 

Info Cards/Brochures

HIPAA Info Wallet Card

Business card containing the HIPAA alert information

Privacy & Health Care Reform - 10 Things Patients & Doctors Need to Know

Informational brochure on the impact of Obamacare on patient privacy.

Spread the Word: CCHC Information Cards

LARGER VIEWS OF CARDS & BROCHURES

Minnesota Documents

MNsure Licensed Insurance Agent Survey 2014

"Licensed  health  insurance  agents  play  a  pivotal  role  in  the  success  or   failure  of  MNsure  to  achieve  its  goals.  This  survey  tested  the  interaction   of  agents  and  their  clients  during  the  period  September  2013  through   December  2013.  Prior to MNsure's launch, agents  looked  toward  MNsure   with  uncertain  hope.  By  December,  agents  became  frustrated  on  behalf   of  their  clients  and  in  their  own  practices.  Many  began  to  question   whether  to  walk  away  from  MNsure." - Dave  Racer,  MLitt, DGRCommunications,  Inc. 

Without Consent - "Genetic Grab" List from MDH

Four months into the legislative session, and after many requests, the Minnesota Department of Health has provided the state legislature with a list of all the genetic information (biological specimens and health data) that they have been collecting, using, storing and disseminating without legislative authority or individual written consent -- as required by the Minnesota Genetic Privacy Act (M.S. 13.386). The list was provided shortly before a floor vote on April 18 to give MDH retrospective legal protection against MGPA violation lawsuits as well as prospective authority to collect, store, use and share any and all genetic information on individuals without the individual's consent, long into the future.

The FIRST PAGE includes data that the statutes allow. The SECOND AND THIRD page is DNA and data they've collected and used by making up their own rules. There may be a statute listed, but it doesn't give them express authority to do what they've been doing in violation of the law. HF 695 and SF 745 will protect them from lawsuits forever...and give MDH ownership claims to the DNA of citizens. PETITION: http://bit.ly/SayNoDNABiobank

Minnesota Health Insurance Exchange Diagram

Minnesota Legislation: Senate File 1/ House File 5

Adding Minnesotans to “the largest consolidation of personal data in the history of the republic” - USA TODAY

Minnesota Reports

NewHuge Fiscal Cliffs in Obama’s Exchanges

MNSURE, Minnesota’s Exchange, recently placed a premium calculator online to estimate the cost of Exchange coverage. Middle income families and individuals that choose government exchange coverage will have to think twice before accepting a raise or choosing to work. 

The Exchange is NOT a Marketplace

The Minnesota healthcare exchange is not a marketplace. It is not, as some have called it, a “one-stop-shopping” place for health insurance or “Travelocity.” The MN Exchange, being built under DFL Governor Mark Dayton’s executive order, and now advancing through legislation, has been called the “Minnesota Insurance Marketplace.” 

Exhibit D - Data Sharing Contract for MN Exchange

The $41 million contract between Maximus, Inc. and the State of Minnesota for the development of an ACA-compliant health insurance exchange includes several exhibits. EXHIBIT D is focused on data-sharing. The data to be shared by the State with the corporation is extensive. Maximus will create an Exchange that allows individual data to be shared with at least five federal agencies through the "federal data services hub."

Model Legislation

Tax-Penalty Prohibited for Failure to Buy Health Insurance - Model Legislation

Although the mandate to purchase health insurance under Obamacare was ruled by the U.S. Supreme Court to be unconstitutional, Chief Justice ruled that the Congress could tax citizens for inactivity -- for failing to purchase government-approved health insurance. State legislatures should now stand up under their 10th Amendment States' Rights authority to prohibit the taxation of their citizens by the IRS for failure to buy health insurance. NOTE: the requirement to register one's health insurance status with the federal government annually will create a national database unlike any ever before created. Every citizen must register every year with the IRS, whether they pay taxes or not.

Exchange Prohibited - Model Legislation

State legislators, individuals are organizations can use this proposed legislation as a template for writing their own legislation to prohibit the implementation of a state-run, federally-run, or federally-facilitated health insurance exchange, as defined in sections 1311 and 1321 of Obamacare, the Patient Protection and Affordable Care Act (Public Laws 111-148 and 111-152). NOTE: The federal law does not require states to implement an exchange, and cannot force state legislatures to build a state-run exchange (unconstitutional commandeering), join in a federally-facilitated exchange (federally-run exchange with facade of state control), or share state data on individuals to allow the operation of a Federal Exchange run by HHS. For more model legislation, click here.

National Reports

NewSafe Haven: How Mutual Aid Can Protect Families in Times of Trouble

Safe Haven:

How Mutual Aid Can Protect Families in Times of Trouble

By Greg Scandlen

NewNewborn Blood Retention Policies 2014- 50 States

50-State Health Surveillance Report

CCHF has release a new Policy Insights Report:  "Patient Privacy and Public Trust: How Health Surveillance Systems Are Undermining Both" Written by Twila Brase, President of CCHF, it reveals the scope and hidden nature of state government health surveillance systems. Using a variety of methods over eight years, CCHF gathered data from all 50 states and D.C. on four major government patient-tracking systems. This data has now been published by CCHF to alert the public to government surveillance and to urge state legislative action to protect individual privacy and consent rights.

Petitions

Protect Our Privacy! Say NO to DNA Biobank!

MICHIGAN Petition - Oppose Snyderʼs Plan for Federal Exchange (Obamacare)

 

 

 

 

Policy Briefs

HIPAA Action Alert - Refuse to Sign

HIPAA - The Grand Deception

HIPAA does not protect health privacy - use this one-page CCHF document at your clinic and hospital to REFUSE TO SIGN the HIPAA "privacy" form. Contact CCHF for business-card-sized "refuse to sign" forms you can carry in your wallet. For more information, read the CCHF Alert.

MN "Bureaucrats at Bedside" Plan - Q&A

The Minnesota Department of Health (MDH) will designate certain treatment protocols as the MN standard of care. At their own discretion, they will decide which protocols will be called “evidence-based” and approved for use. MDH will collect data on physician adherence to these government-issued protocols and publicly report compliance rates on their website. Physi- cians with low compliance rates may be financially penalized.

Conformance with HIPAA "Privacy" Rule Will Undo MN Medical Privacy Laws and Consent Requirements

The so-called “Federal Medical Privacy Rule” (45 CFR Parts 160/164) —from the 1996 Health Insurance Portability and Accountability Act (HIPAA)—permits broad use and disclosure of individually-identifiable “protected health information” without patient consent. It is often referred to as the “HIPAA Privacy Rule” or just “HIPAA.” Minnesota’s medical privacy law (M.S. 144.335) more often requires patient consent before use and disclosure (see also M.S. 62J.55).

Public Comments

NewOppose Federal Plan to Eliminate All Patient Privacy. DEADLINE: WED., JUNE 25

The federal government is planning to eliminate privacy protections for medical records regarding treatment for alcohol and drug abuse and treatment for mental health conditions. The Substance Abuse and Mental Health Services Administration (SAMHSA) will hold a public listening session on Wednesday, June 11, 2014, to solicit public comments on this proposal.

CCHF Comments Opposing IRS Restrictions on Free Speech

The Citizens’ Council for Health Freedom, a 501(c)(3) organization respectfully submits these comments in regard to your Proposed Rule: “Guidance for Tax-Exempt Social Welfare Organizations on Candidate-Related Political Activities.”

Slow Obamacare Implementation!

The Obama administration has given you just 30 days over the holidays to read more than 700 pages of proposed Obamacare regulations which could then be finalized and have the full force and effect of law. The Wall Street Journal says “many of the rules were approved in-house and ready to go as early as May.” But the Obama administration waited until the holiday season to spring them you. 

Public Documents

NewMehri & Skalet letter on cost of state and federal exchanges May 7, 2014

On May 1, HHS released a report on the number of people enrolling in the Exchanges during the first open enrollment period, which ended March 31, 2014.1 HHS has also published data on the amount that has been spent on establishing Exchanges: both grants HHS has made to states--both to those that have established their own Exchanges and those that have not--and funds HHS has used to establish the federally-run Exchange.

NewCCHF Comments on Biosurveillance

Citizens’ Council for Health Freedom opposes the proposed National Health Security Strategy 2015-2018 (Public Comment Draft, April 10, 2014). We will limit our comments to a few items...

Refuse to Enroll Billboard Campaign

Nationwide Refuse to Enroll Billboard campaign.

Speeches

Stop Obamacare Insurance Exchanges - CCHF Speech

On September 21, CCHF President gave this speech at the Eagle Forum Council in St. Louis Missouri.

Opposing Obamacare in MN

CCHF President, Twila Brase, joins Michael Cannon from the Cato Institute to speak out in opposition to establishing an Obamacare Health Insurance Exchange in Minnesota. The forum, titled, "Perspectives on Health Insurance Exchanges," was hosted by the Republican Health Care Task Force of the MN GOP at the State Capitol on November 3, 2011.

Medical Privacy Panel Discussion
National Press Club

Testimony

SF 2047 Testimony by Council for Responsible Genetics

". . . We stand in strong opposition to SF 2047.  We believe this bill is against the interests of parents in making a truly informed choice about whether the state of Minnesota shall permanently retain and use their children's personal genetic information . . . "

Statement of the ACLU of Minnesota In Opposition to HF 2526

The ACLU of Minnesota opposes HF 2526.  This bill represents a dangerous effort to enable unlimited retention and minimize parental consent, allowing newborn blood samples to be used at the whim of the government and researchers, rather than through the consent of the newborn and their family.

Twila Brase Testimony on "Repeal Genetic Privacy" Bill

Newborn screening  is the “largest single application of genetic testing in medicine,” as stated by Dr. Jeffrey Botkin, MD, MPH, at the University of Utah’s Department of Pediatrics and Medical Ethics.  Also, I’d like to draw to your attention the written testimony submitted by the Council for Responsible Genetics,  which opposes this bill saying it’s in opposition to recommendations by national committees and research   studies.

Transcripts

TRANSCRIPT: “Health Insurance Exchanges: Progress Report” U.S. Senate Finance Committee Hearing

February 14, 2013 - The U.S. Senate Finance Committee was chaired by Senator Max Baucus (D-MT). On the hot seat was Gary Cohen, director of the Center for Consumer Information and Insurance Oversight (CCIIO, pronounced "see-CY-o"). This transcript is incomplete, but has a few complete dialogues under topics labeled by transcriber. 

MN Hearing on Obamacare Exchange Grant - Partial Transcript

Minnesota is one 5 states furthest along in creating the exchange -- the federal takeover centers -- and could be number one, according to Minnesota state Rep. Steve Gottwalt (R) yesterday in a hearing on accepting federal exchange funding. Is Minnesota building the prototype for the nation -- all under Governor Mark Dayton's executive order? And what could that mean? One interesting fact, as pointed out by Gottwalt, is that Maximus, Inc, the exchange contractor, helped set up the single-payer system in two Canadian provinces. This document contains key statements at the hearing regarding Governor Dayton's authority to "go it alone."

May 7, 2012 Senate Floor Discussion - Amendments to HF2967

Sen. Hann’s Floor Statements on Newborn Screening & Baby DNA Parent Consent Amendments to HF 2967