Posted on 06/28/2012 10:09:34 AM PDT by fruser1
Now that obamacare is law of the land, I have a different legal issue with it.
The law has "wellness plans" that allows insurance companies to charge more for certain risky behaviors like smoking or being obese.
I would think that under equal protection, if they're going to "tax" risky behavior at all, then they need to charge more for ALL risky behavior.
For example, if you participate in sports, especially contact sports, you are more likely to incur injury, some of which is life long and debilitating, such as with Christopher Reeve or Charles Krauthamer. Many concussive and spinal injuries occur in football.
And don't forget homosexual males who, because of their behaviors, incur a higher risk of AIDS.
All of this can be demonstrated w/statistics. This was the reason for charging more for smokers and the obese.
Not ALL smokers get cancer, etc., and not ALL obese get diabetes or heart disease. Only a higher proportion do.
So, in the same manner of speaking, gay males and sports participants, and any other risky life style for that matter need to be charged accordingly.
A comparable situation exists in Workman's Comp insurance, whereby employers are charged differently by dozens of labor categories.
To me, the "free country" way to go is to not charge more for risky lifestyle, but if they're going to do it, then by God charge for all risky lifestyles.
If not, I want to go to court to make that happen.
When it comes to charging more for risky lifestyle either do ALL or NONE.
If you do in between, you are at least violating equal protection, and maybe even establishing a religion, by indicating which risky lifestyles are acceptable or not, just like religions do.
Any takers?
Wellness plans have already been litigated on this approach and have been found valid under law.
Engaging in homosexual sodomy is far more dangerous than smoking.
Queers need to be charged more for health insurance.
Gay sex is a risky behavior—exposure to HIV, AIDS, etc—think they’ll charge a higher premium for this? LOL—land of the free—right!
You don’t understand.
What your asking is EXACTLY what they want us to do.
OBAMA IS TRYING TO OVERWHELM THE SYSTEM!
He KNOWS this will result in decades of lawsuits. Our system is irreparably broken.
Our Founders gave us the ability to change our slavemasters.
“Wellness plans have already been litigated on this approach and have been found valid under law.”
Correct, but that was BEFORE the MANDATE.
BEFORE, you could drop the insurance if you didn’t like being charged more as a risk taker.
Now, you MUST be charged more because of your government disapproved lifestyle.
“He KNOWS this will result in decades of lawsuits”
You’re right about that! I’ve already checked w/a couple of lawyers and they have no interest in taking my case. You know why?
Because they are counting on employers and insurance companies to mess up their management of wellness plans in such a way that will open them up to class action lawsuits.
To the legal community, nazi-care is a gold mine and the newest frontier in class action litigation.
I agree with people that the government WILL find a way to tax “risky behavior”.
Most likely, it will include being “rich” in some way.
Well, the obamanation makes penalties for pre-existing conditions illegal, so anyone who is overweight, smokes, etc should claim a pre-existing condition.
FAD
The health care Nazis can do whatever they want to whomever they want. We have no rights and no personal freedom. Too fat...too whitey...too old...too American...too Republican...die.
the “anonymous bathroom poofery tax”
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