BRIEF OF ASSOCIATION OF AMERICAN PHYSICIANS AND SURGEONS, INDIVIDUAL PHYSICIANS and CITIZENS’ COUNCIL FOR HEALTH FREEDOM AS AMICI CURIAE IN SUPPORT OF PETITIONERS
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
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
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!
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.
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.
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...
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.
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:
Are you eligible for Obamacare? A mind-boggling flow chart for you and every family member from the National Association of Insurance Commissioners.
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.
Diagram showing flow of private data and public dollars within the Obamacare IT superstructure. updated April, 2014
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.
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:
Government wants doctors paid for “value.” On July 1, Politico held a briefing called “Value vs. Volume.” Data-crunchers, in cahoots with government, say access to our private medical data can be used to pay doctors for “value,” instead of for the services they provide to patients.
Will the Rule of Law stand? Yesterday’s split court rulings on the legality of IRS-issued Obamacare subsidies through the federal exchange shows the battle at hand.
What if Obamacare subsidies disappear? This week a critical decision is expected on Halbig vs. Burwell, formerly titled Halbig vs. Sebelius. The case challenges the IRS for providing millions of dollars in Obamacare subsidies to people in 36 states through the federal exchange, Healthcare.gov.
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!
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.
Citizens' Council for Health Freedom
cordially invites you to our 2013 Annual Dinner to support Health Freedom
with Congresswoman Michele Bachmann
and Emcee, Chris Baker
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!
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.
This page provides various letters, documents, and regulations specifically related to the creation of a Federal Exchange, also called a "Federally-Facilitated Exchange" (FFE).
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.
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.
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.
Business card containing the HIPAA alert information
Informational brochure on the impact of Obamacare on patient privacy.
LARGER VIEWS OF CARDS & BROCHURES
"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.
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 Legislation: Senate File 1/ House File 5
Adding Minnesotans to “the largest consolidation of personal data in the history of the republic” - USA TODAY
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 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.”
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."
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.
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.
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.
CCHF President, Twila Brase, shared these “Top Ten Terribles of Health Insurance Exchanges.”
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.
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.
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).
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.
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.”
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.
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.
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...
Nationwide Refuse to Enroll Billboard campaign.
On September 21, CCHF President gave this speech at the Eagle Forum Council in St. Louis Missouri.
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.
". . . 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 . . . "
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.
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.
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.
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."
Sen. Hann’s Floor Statements on Newborn Screening & Baby DNA Parent Consent Amendments to HF 2967