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ObamaCare’s Crony Capitalism: Worse than We Thought
Commentary Magazine ^ | 11.07.2013 | Seth Mandel

Posted on 11/11/2013 2:18:16 PM PST by SJackson

At times it seems like the sheer magnitude of bad news about ObamaCare can redound to its own benefit. It’s easy for individual pieces of bad news to get lost in the sea of failure that has characterized the Obama administration’s signature “achievement.” That might be the case with the most important story to appear about ObamaCare this week, from Tuesday’s edition of the New York Times.

The paper reported that the Obama administration has ruled that the federal health-care program be exempted from the category of laws considered “federal health care programs.” Now, this is obviously dishonest: the federal government is running insurance exchanges, funding health-care subsidies under the law, and employing federal workers to help manage the law–all of which are clearly “federal health care programs.” So why would the administration choose not to label them according to observable reality? Because, as the Times explained, this decision–believe it or not–exempts ObamaCare from kickback restrictions and anti-fraud protections:

The surprise decision, disclosed last week, exempts subsidized health insurance from a law that bans rebates, kickbacks, bribes and certain other financial arrangements in federal health programs, stripping law enforcement of a powerful tool used to fight fraud in other health care programs, like Medicare.

The main purpose of the anti-kickback law, as described by federal courts in scores of Medicare cases, is to protect patients and taxpayers against the undue influence of money on medical decisions. …

Under the Affordable Care Act, millions of people will be able to buy insurance from “qualified health plans” offered on exchanges, or marketplaces, run by the federal government and by some states.

Most of the buyers are expected to be eligible for subsidies to make insurance more affordable. The subsidies, paid directly to insurers from the United States Treasury, start in January and are expected to total more than $1 trillion over 10 years.

Ms. Sebelius said the Health and Human Services Department “does not consider” the subsidies to be federal health care programs. She reached the same conclusion with respect to federal and state exchanges, built with federal money, and with respect to “federally funded consumer assistance programs,” including the counselors, known as navigators, who help people shop for insurance and enroll in coverage through the exchanges.

This has two effects on the law: first, it encourages precisely the kickback schemes this statute was put in place to prevent; and second, it could easily produce an enormous financial burden on the government. The prescription drug “kickback” scheme is how federal law enforcement officials describe the practice in which drug companies give customers coupons to purchase their brand-name medications instead of lower-cost alternatives. The coupons reduce the cost for consumers, but not for insurers or government agencies paying out reimbursement costs. This creates a windfall for the drug companies at high cost to insurers and the government.

So why would the government actively facilitate corruption under ObamaCare, especially at the risk of ballooning its own costs and collapsing its budget estimates?

The answer has to do with the revelations of major drug companies’ cooperation with President Obama on shepherding ObamaCare to the finish line. In June 2012, the Wall Street Journal explained how this particular partnership formed. In 2009, drug companies were concerned that an Obama-led health-care reform effort would emphasize price controls and re-importation allowance–the latter being the process by which drugs sold cheaper abroad could be re-sold here, a case of foreign quasi-socialist health-care systems undermining the market forces in the U.S. that enable companies to be able to conduct the research and development that produces the drugs in the first place.

The administration worked out a deal with the pharmaceutical giants, but then Democratic Representative Henry Waxman demanded further concessions from the drug industry. The White House stepped in to protect them, and the drug companies responded with more pro-ObamaCare advertising.

That appeared to be the extent of the already-nauseating crony capitalism at the heart of ObamaCare. But the Times story suggests otherwise. And the inconsistency is the giveaway: the Justice Department is prosecuting high-profile companies (like Johnson & Johnson) for a practice the government plainly considers an illegal kickback scheme. And yet now that same government is giving the green light to the practice, which will be a financial boon to the companies that helped ObamaCare pass in the first place.


TOPICS: Government; News/Current Events; Politics/Elections
KEYWORDS: bigpharma; cronycapitalism; obamacaredefrauds; obamacaredrugs; pharma; singlepayer

1 posted on 11/11/2013 2:18:16 PM PST by SJackson
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To: SJackson

Crony Fascism. Force people to buy it. Nationalize the favored provider(s).


2 posted on 11/11/2013 2:19:03 PM PST by a fool in paradise (America 2013 - STUCK ON STUPID)
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To: SJackson

It’s called Obamacare, of course it’s exempt from laws against fraud and kickbacks. They’re the Chicago way, look for this policy to be expanded.


3 posted on 11/11/2013 2:19:56 PM PST by SJackson (if you want to test a manÂ’s character, give him power A Lincoln)
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To: SJackson

It will be like the NHS where doctors are paid a bonus if they can convince you to take end of life steps.

Doctors here will be paid a kickback if they can discourage you from certain treatments or surgeries that the government wants to save money on.


4 posted on 11/11/2013 2:22:16 PM PST by Truth is a Weapon (Truth, it hurts so good.)
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To: SJackson

I wish I had a magic wand


5 posted on 11/11/2013 2:22:24 PM PST by knarf (I say things that are true .. I have no proof .. but they're true.)
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To: a fool in paradise

Hitler made the equivalent of over a billion dollars this way requiring every person who came of age to receive a copy of Mein Kamf.


6 posted on 11/11/2013 2:26:01 PM PST by Jonty30 (What Islam and secularism have in common is that they are both death cults)
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To: SJackson

No. It would be impossible to surprise me as to how much Obama and his cronies have stolen from the people. I will, by default, accept without question the worst number imaginable, up until $9 trillion dollars.


7 posted on 11/11/2013 2:28:02 PM PST by Jonty30 (What Islam and secularism have in common is that they are both death cults)
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To: Jonty30

Hitler also sued a US publisher that produced a translated edition in America.


8 posted on 11/11/2013 2:33:46 PM PST by a fool in paradise (America 2013 - STUCK ON STUPID)
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To: Jonty30

Stimulus and the bail-outs were about funding the next generation of election cycles. A looting of the national wealth doled out to the protected interests with the expectation of contributions over the next so many election cycles.

Half a billion for a green car, half a billion for a website. None of it operational.


9 posted on 11/11/2013 2:35:49 PM PST by a fool in paradise (America 2013 - STUCK ON STUPID)
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To: SJackson

My prescription prices tripled this week.

The Costco pharmacist said it was happening to everyone because of 0bamaCare.


10 posted on 11/11/2013 2:55:01 PM PST by Uncle Miltie ( "I was all for Obamacare, until I found out I was paying for it." - California Girl)
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To: SJackson

The Detroitification and Chicagoization of America continue.


11 posted on 11/11/2013 3:01:30 PM PST by Standing Wolf (No tyrant should ever be allowed to die of natural causes.)
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To: SJackson
The answer has to do with the revelations of major drug companies’ cooperation with President Obama on shepherding ObamaCare to the finish line.

And idiot leftards will continue to think it is the Tea Party who is in bed with big business. Liberalism is pathological. Period.

Who do the leftards think drafted Obamacare? Try the insurance and drug companies. As implied by the article, they're going to make n extra TRILLION over the next 10 years.

We know live in a kleptocracy. Demscum are the worst kleptocrats, but GOPe aren't far behind...

12 posted on 11/11/2013 3:12:30 PM PST by piytar (The predator-class is furious that their prey are shooting back.)
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