Free Republic
Browse · Search
Bloggers & Personal
Topics · Post Article

To: Conscience of a Conservative

1. The act refers to the civil rights division. Specifically, it refers to institutions and hospitals under various civil rights statutes. The special litigation section handles these particular matters.

2. It does not deal with the investigation of fraud. That is flat out wrong. It deals with investigations brought pursuant to powers already held by the civil rights division and special litigation section. Fraud is wholly unmentioned in this section of obamacare

3. It is not true that these health care providers are subject to pre-litigation subpoenas. It is also not true that this is common. Only “highly regulated industries”, which thankfully there are few, are subject to prelitigation subpoena power. Securities and nuclear energy are two such examples of highly regulated industries. On March 20 health care was not a highly regulated industry subject to constant oversight through federal subpoenas. On March 21, it was.


6 posted on 03/25/2010 7:58:16 AM PDT by mudblood
[ Post Reply | Private Reply | To 4 | View Replies ]


To: mudblood
I apologize, I misread the statute re: fraud, didn't notice that this was under a sub-section of that that does not specifically deal with fraud.

Looking at the specific language again, though, it looks like when the language you are quoting says that subpoenas may be issued "to any institution that is the subject of an investigation under this Act," that the phrase "this Act" refers not to ObamaCare, but rather specifically to the Civil Rights of Institutionalized Persons Act. That Act, in turn, applies only to state-run (not privately-operated) facilities. So, while this section of the Act may be an unconstitutional overreach of Federal authority over the States, it is not nearly as expansive an increase in power as you are suggesting. This section does not subject privately-run doctor's offices/hospitals/etc to subpoena power.

7 posted on 03/25/2010 8:19:43 AM PDT by Conscience of a Conservative
[ Post Reply | Private Reply | To 6 | View Replies ]

Free Republic
Browse · Search
Bloggers & Personal
Topics · Post Article


FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson