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RE: Appeals court rules against Obama healthcare law - 8/13/2011 8:08:22 AM   
tazzygirl


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quote:

ORIGINAL: barelynangel

The auto insurance requirement you don't have to buy anything for yourself but you do have to buy insurance if you choose to drive for damage you may cause while driving.  All that is required by law if i am not mistaken is liability.  So whomever is trying to make it the same is not understanding the difference.

angel


Its the most common argument they use for the commerce clause.


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RE: Appeals court rules against Obama healthcare law - 8/13/2011 8:11:17 AM   
barelynangel


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Who are they?  pronouns please clarify lol.

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RE: Appeals court rules against Obama healthcare law - 8/13/2011 8:11:59 AM   
tazzygirl


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quote:

ORIGINAL: barelynangel

Umm no MrRodgers you mistake what the autoinsurance requirement is.  It doesn't pay off debt you owe for services rendered.

If you do not have full coverage, you do not get paid medical or anything with regard to auto insurance IF you yourself are injured or it pays for your new car, it pays rental cares etc.  All that is required, i believe, is liability, which is only damage you cause others.

You aren't causing damage to anyone but yourself if you need to utilize your health care insurance.  Payment for debt is not what auto insurance covers.


In order to drive, you have to have auto insurance.

In order to get health care, all you have to do is show up.

If someone doesnt have auto insurance and hits you, then your insurance may step in and pay for it... if you have enough insurance.

If someone shows up at the ER with no insurance, you do end up paying for it, even if you have insurance.


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Telling me to take Midol wont help your butthurt.
RIP, my demon-child 5-16-11
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Dont judge me because I sin differently than you.
If you want it sugar coated, dont ask me what i think! It would violate TOS.

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Profile   Post #: 43
RE: Appeals court rules against Obama healthcare law - 8/13/2011 8:13:11 AM   
barelynangel


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tj, if you don't know how the system works, not only in litigation but medical insurance companys, subrogations and payments etc and such -- this will become way to off topic. 

Edited to add this: 

All in all, i don't think you are understanding the concept of settlement -- it's not a jury verdict or a judgment but an agreement between the parties and one that the Plaintiffs are in full agreement with and actually have to sign a release and an agreed order dismissing the case.  The Plaintiff is responsible for paying the medical insurance subros as well as any providers and any liens made due to their accident.  They have to agree to the settlement amount or they go to trial and get a judgment against the defendant if applicable.  In 99.9% of the cases they do settle, which their attorneys fees are paid from also.  Every now and again they will also get discretionary costs but usually the parties all pay their own.

angel

< Message edited by barelynangel -- 8/13/2011 8:21:45 AM >


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RE: Appeals court rules against Obama healthcare law - 8/13/2011 8:15:38 AM   
tazzygirl


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quote:

ORIGINAL: blacksword404


quote:

ORIGINAL: tazzygirl

If they get paid, then why is it often called the unfinanced mandate?

The Emergency Medical Treatment and Active Labor Act (EMTALA)[1] is a U.S. Act of Congress passed in 1986 as part of the Consolidated Omnibus Budget Reconciliation Act (COBRA). It requires hospitals and ambulance services to provide care to anyone needing emergency healthcare treatment regardless of citizenship, legal status or ability to pay. There are no reimbursement provisions. As a result of the act, patients needing emergency treatment can be discharged only under their own informed consent or when their condition requires transfer to a hospital better equipped to administer the treatment. EMTALA applies to "participating hospitals", i.e., those that accept payment from the Department of Health and Human Services, Centers for Medicare and Medicaid Services (CMS) under the Medicare program. However, in practical terms, EMTALA applies to virtually all hospitals in the U.S., with the exception of the Shriners Hospitals for Children, Indian Health Service hospitals, and Veterans Affairs hospitals[citation needed]. The combined payments of Medicare and Medicaid, $602 billion in 2004,[2] or roughly 44% of all medical expenditures in the U.S., make not participating in EMTALA impractical for nearly all hospitals. EMTALA's provisions apply to all patients, and not just to Medicare patients.[3][4] The cost of emergency care required by EMTALA is not directly covered by the federal government. Because of this, the law has been criticized by some as an unfunded mandate.[5] Similarly, it has attracted controversy for its impacts on hospitals, and in particular, for its possible contributions to an emergency medical system that is "overburdened, underfunded and highly fragmented."[6] More than half of all emergency room care in the U.S. now goes uncompensated[citation needed]. Hospitals write off such care as charity or bad debt for tax purposes. Increasing financial pressures on hospitals in the period since EMTALA's passage have caused consolidations and closures, so the number of emergency rooms is decreasing despite increasing demand for emergency care.[7] There is also debate about the extent to which EMTALA has led to cost-shifting and higher rates for insured or paying hospital patients, thereby contributing to the high overall rate of medical inflation in the U.S.

quote:

They get paid. It might be a question of who does the paying. But let's say you are forced to work without being paid. Do you think obamacare is going to solve that issue? That sounds like slavery to me.


Unless you are referring to the employees getting paid.  Another federal requirement they cannot get out of.  That wasnt what I was referring too.



I guess it is a form of slavery. At least for the hospitals. I would have long ago stopped working if I only got paid for half of my work. I still think obamacare is an overboard way of fixing that problem.


Who is the slave?

The ones not getting paid are the hospitals and the Dr's.  All other employees, for the most part, do get paid.


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Telling me to take Midol wont help your butthurt.
RIP, my demon-child 5-16-11
Duchess of Dissent 1
Dont judge me because I sin differently than you.
If you want it sugar coated, dont ask me what i think! It would violate TOS.

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Profile   Post #: 45
RE: Appeals court rules against Obama healthcare law - 8/13/2011 8:17:19 AM   
tazzygirl


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quote:

ORIGINAL: barelynangel

Who are they?  pronouns please clarify lol.


Those who argue against the health care law


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Telling me to take Midol wont help your butthurt.
RIP, my demon-child 5-16-11
Duchess of Dissent 1
Dont judge me because I sin differently than you.
If you want it sugar coated, dont ask me what i think! It would violate TOS.

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Profile   Post #: 46
RE: Appeals court rules against Obama healthcare law - 8/13/2011 8:17:56 AM   
barelynangel


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quote:

If someone doesnt have auto insurance and hits you, then your insurance may step in and pay for it... if you have enough insurance.


Tazzy this is called uninsured motorist policies and most times if the UM carrier ends up paying they do go after the person who was responsible and get judgments.

Many times the UM steps in when the defendants limits may not be high enough to cover an settlement or verdict.  They go through all of the litigation and many times if the defendants limits are high enough, they get dismissed with the understanding they can be brought back in if for some reason the limits of the defendant won't cover it all.  Sometimes when settled there is an agreement the UM carrier won't go file a subrogation claim but sometimes there isn't.  When we are UM, we always protect our subrogation rights and a right to a jury trial.


angel

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Profile   Post #: 47
RE: Appeals court rules against Obama healthcare law - 8/13/2011 8:21:26 AM   
tazzygirl


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But if you go after an individual who doesnt have anything to take, you are basically writing off the debt... as the hospitals do.... or say they do, when in fact the costs get passed on to those who can afford to pay.  Ever wonder why a tylenol is so much in the hospital when you could go down the hall and buy a whole bottle for much less than a single pill?

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Telling me to take Midol wont help your butthurt.
RIP, my demon-child 5-16-11
Duchess of Dissent 1
Dont judge me because I sin differently than you.
If you want it sugar coated, dont ask me what i think! It would violate TOS.

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Profile   Post #: 48
RE: Appeals court rules against Obama healthcare law - 8/13/2011 8:24:53 AM   
StrangerThan


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quote:

ORIGINAL: tazzygirl

quote:

ORIGINAL: StrangerThan

quote:

ORIGINAL: tazzygirl


And yet courts have no problems forcing a certain group to perform services without any guarantee of payment.



Then get another damned job. I swear to God the excuses people will make to give government more control over their lives is absolutely incredible.

By all that is holy, I hope if this crap goes through, some future bible thumper Congress makes every fucking one of you buy a King James version of the Bible, an abortion is murder T-shirt, and a Undocumented: Liberal word for Illegal T-shirt because it's "good" for you.





No one was talking about the fucking employees.  Get your head out of my pocket and start looking at the bigger picture here.  Its your pocket you should be addressing.



You want me to look at the bigger picture when you're handing over more power to Congress?

How many friggin powers do you want to hand over in the name of politics? Just curious. How many others do you want to hand over period? Again, I'm curious.

The picture you're avoiding, is the bigger one.

Given the distance between left and right in this country, and the abrupt political swings of the past decade where one party, then the other gains power, I'd think anyone possessing any sense of sanity would be terrified of giving government more control - at least, if they were capable of thinking past the current president.


< Message edited by StrangerThan -- 8/13/2011 8:27:52 AM >


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Profile   Post #: 49
RE: Appeals court rules against Obama healthcare law - 8/13/2011 8:27:48 AM   
barelynangel


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I don't know enough about how the insurance company's work on what they charge others to compare it to what hospitals do.   In most of our cases, the UM agrees to not go after the Defendant IF they defendant has insurance.  The only time they get pissy is when the defendant doesn't have insurance which luckily hasn't been often in our cases.

Everything is passed on everywhere.  The Insurance company's would still have to pass on costs even if limits were 1mill/2mil as someone suggested.  Why?  Becuase the amount people pay in insurance premiums doesn't remotely add up to what an insurance company pays out in their limits if they are in an accident for that 6 months or the massive amounts the insurance company's pay in attorney fees.  And many insurance company's hire law firms, its not in-house counsel that defends these cases.  I mean hell everytime i don't get in an accident, they make i think 300 from me.  While mine isn't enough to keep them in business, the whole is.  If thy weren't making a profit they wouldn't be in business.

So it's a complicated concept.  Unless people know the actual accounting of insurance company's, medical providers, etc, no one can be sure what overhead they actually have and why.

angel

< Message edited by barelynangel -- 8/13/2011 8:29:14 AM >


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Profile   Post #: 50
RE: Appeals court rules against Obama healthcare law - 8/13/2011 8:38:48 AM   
tazzygirl


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quote:

ORIGINAL: StrangerThan

quote:

ORIGINAL: tazzygirl

quote:

ORIGINAL: StrangerThan

quote:

ORIGINAL: tazzygirl


And yet courts have no problems forcing a certain group to perform services without any guarantee of payment.



Then get another damned job. I swear to God the excuses people will make to give government more control over their lives is absolutely incredible.

By all that is holy, I hope if this crap goes through, some future bible thumper Congress makes every fucking one of you buy a King James version of the Bible, an abortion is murder T-shirt, and a Undocumented: Liberal word for Illegal T-shirt because it's "good" for you.





No one was talking about the fucking employees.  Get your head out of my pocket and start looking at the bigger picture here.  Its your pocket you should be addressing.



You want me to look at the bigger picture when you're handing over more power to Congress?

How many friggin powers do you want to hand over in the name of politics? Just curious. How many others do you want to hand over period? Again, I'm curious.

The picture you're avoiding, is the bigger one.

Given the distance between left and right in this country, and the abrupt political swings of the past decade where one party, then the other gains power, I'd think anyone possessing any sense of sanity would be terrified of giving government more control - at least, if they were capable of thinking past the current president.



Then you are in favor of ending the emergency treatment act passed in the 80's.


_____________________________

Telling me to take Midol wont help your butthurt.
RIP, my demon-child 5-16-11
Duchess of Dissent 1
Dont judge me because I sin differently than you.
If you want it sugar coated, dont ask me what i think! It would violate TOS.

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Profile   Post #: 51
RE: Appeals court rules against Obama healthcare law - 8/13/2011 8:40:06 AM   
Arturas


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quote:

Remaining alive costs money a large part of which is health care. Somebody 'pays' for it and it is every bit as much...a mandate.


Who is responsible for keeping me alive? Who is responsible for making me eat food? Is there a law that I eat food and must pay into a fund for all my life to eat food? If I want to eat I must work to pay for it. If I want health care I must work to pay for it. If I want neither I don't and I die. The world works this way. Free food, housing and health care for a population segment is a bubble inflated by political agenda and borrowed money until the borrowed money runs out.

It ran out.


Arturas

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Profile   Post #: 52
RE: Appeals court rules against Obama healthcare law - 8/13/2011 8:44:00 AM   
tazzygirl


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quote:

ORIGINAL: Arturas

quote:

Remaining alive costs money a large part of which is health care. Somebody 'pays' for it and it is every bit as much...a mandate.


Who is responsible for keeping me alive? Who is responsible for making me eat food? Is there a law that I eat food and must pay into a fund for all my life to eat food? If I want to eat I must work to pay for it. If I want health care I must work to pay for it. If I want neither I don't and I die. The world works this way. Free food, housing and health care for a population segment is a bubble inflated by political agenda and borrowed money until the borrowed money runs out.

It ran out.


Arturas


You ARE guaranteed, by federal law, health care in the case of an emergency.  You aren't guaranteed food... you aren't guaranteed housing... but you are guaranteed health care.


_____________________________

Telling me to take Midol wont help your butthurt.
RIP, my demon-child 5-16-11
Duchess of Dissent 1
Dont judge me because I sin differently than you.
If you want it sugar coated, dont ask me what i think! It would violate TOS.

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Profile   Post #: 53
RE: Appeals court rules against Obama healthcare law - 8/13/2011 8:53:05 AM   
Arturas


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I'm aware of a nationwide effort within the medical community, outside of Obamacare, to change the way healthcare is delivered. A complete change to streamline it and reduce the costs while keeping quality high. The objective is to maintain Medicare promised and already paid for obligations to the retiring baby boomers and provide future reduced or even almost free emergency treatment to non-paying patients. This is not to say that free care will continue because no matter how many bills Congress signs, or has already signed, it will not happen unless it is paid for with unborrowed money.

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RE: Appeals court rules against Obama healthcare law - 8/13/2011 8:57:00 AM   
tazzygirl


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You do realize there will be a large number who will not get free health insurance under the health care law, yes?

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Telling me to take Midol wont help your butthurt.
RIP, my demon-child 5-16-11
Duchess of Dissent 1
Dont judge me because I sin differently than you.
If you want it sugar coated, dont ask me what i think! It would violate TOS.

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Profile   Post #: 55
RE: Appeals court rules against Obama healthcare law - 8/13/2011 9:00:51 AM   
Arturas


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...or financial slavery mandated by Obamacare. Than the founders for seeing this happen and putting in place a government of checks and balances.

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Profile   Post #: 56
RE: Appeals court rules against Obama healthcare law - 8/13/2011 9:01:58 AM   
Arturas


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yes. Your point?

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RE: Appeals court rules against Obama healthcare law - 8/13/2011 9:07:38 AM   
tazzygirl


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quote:

ORIGINAL: Arturas

yes. Your point?


My point is that everyone is crying about how free health care will be given... when that isnt the case.  A valid argument might be better received. 

Q: I want health insurance, but I can't afford it. What do I do? A: Depending on your income, you might be eligible for Medicaid, the state-federal program for the poor and disabled, which will be expanded sharply beginning in 2014. Low-income adults, including those without children, will be eligible, as long as their incomes didn't exceed 133 percent of the federal poverty level, or $14,404 for individuals and $29,326 for a family of four, according to current poverty guidelines. Q: What if I make too much for Medicaid but still can't afford coverage? A: You might be eligible for government subsidies to help you pay for private insurance that would be sold in the new state-based insurance marketplaces, called exchanges, slated to begin operation in 2014. Premium subsidies will be available for individuals and families with incomes between 133 percent and 400 percent of the poverty level, or $14,404 to $43,320 for individuals and $29,326 to $88,200 for a family of four. The subsidies will be on a sliding scale. For example, a family of four earning 150 percent of the poverty level, or $33,075 a year, will have to pay 4 percent of its income, or $1,323, on premiums. A family with income of 400 percent of the poverty level will have to pay 9.5 percent, or $8,379. In addition, if your income is below 400 percent of the poverty level, your out-of-pocket health expenses will be limited.
http://www.kaiserhealthnews.org/Stories/2010/March/22/consumers-guide-health-reform.aspx

Under those guidelines, I wouldn't be given "free" insurance.  I make too much money.   Anyone making minimum wage and working full time wouldn't be eligible for "free".



_____________________________

Telling me to take Midol wont help your butthurt.
RIP, my demon-child 5-16-11
Duchess of Dissent 1
Dont judge me because I sin differently than you.
If you want it sugar coated, dont ask me what i think! It would violate TOS.

(in reply to Arturas)
Profile   Post #: 58
RE: Appeals court rules against Obama healthcare law - 8/13/2011 9:12:53 AM   
tj444


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quote:

ORIGINAL: barelynangel
So it's a complicated concept.  Unless people know the actual accounting of insurance company's, medical providers, etc, no one can be sure what overhead they actually have and why.

angel

well, thats as clear as mud, nice to know that i dont know what i actually have or how much it really covers. Guess i am not the only ignorant one.. just to be safe, i will keep myself bulletproof, that concept i do understand..

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RE: Appeals court rules against Obama healthcare law - 8/13/2011 9:27:33 AM   
barelynangel


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Huh?   You may want to quote the REST of the post before taking out of context what i said.  That quote has nothing to do with what you have or what your policy covers.

I know what my policy covers -- i know what the policies of our client's cover. 

If you don't know what your policy covers then that is YOUR fault.  Go back and MAKE them tell you what exactly your policy covers.  If you don't understand it make them explain it to you.  Fuck have some personal responsibility.

Stamping your foot because you can't understand someone on a discussion board due to your own ignorance of your policy doesn't mean everyone must be ignorant.

I have no clue how insurance company's determine the rates for you or others.  I know what i pay, i know how they came to that number, i know how the other quotes did, and i know what it covers.  How do i know all of this BECAUSE I ASKED.

Your choice to remain ignorant about your stuff is your own.  Take some personal responsibility for your own ignorance.

angel

< Message edited by barelynangel -- 8/13/2011 9:28:26 AM >


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What lies behind us and what lies before us are tiny matters compared to what lies within us.
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Profile   Post #: 60
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