Al Franken, Fishy Prophet of Obamacare
In factual reality (not Al in Carp of Crap Wonderland reality), “H.R.3200 Section 111. PROHIBITING PRE-EXISTING CONDITION EXCLUSIONS” can impose a preexisting condition exclusion as noted in section 2791(d)(9) of the Public Health Service Act.
Since H.R. 3200 frequently refers to other laws and regulations, each section needs to be carefully reviewed in order to determine how much control Obama will have over Americans and our healthcare decisions.
For Reference, here are the key regulations with bold highlights:
A qualified health benefits plan may not impose any pre-existing condition exclusion (as defined in section 2701(b)(1)(A) of the Public Health Service Act) or otherwise impose any limit or condition on the coverage under the plan with respect to an individual or dependent based on any health status-related factors (as defined in section 2702(a)(1) of the Public Health Service Act) in relation to the individual or dependent.
In order to understand what Obama and Al Franken means, we need to read the included regulations.
PHSA section 2701(b)(1)(A) (ref. pg. 1175):
IN GENERAL.-The term “preexisting condition exclusion” means, with respect to coverage, a limitation or exclusion of benefits relating to a condition based on the fact that the condition was present before the date of enrollment for such coverage, whether or not any medical advice, diagnosis, care, or treatment was recommended or received before such date.
PHSA Section 2791(d)(9) (ref. pg. 1212): The term “health status-related factor” means any of the factors described in section 2702(a)(1).
PHSA Section 2702 (a)(1) (ref. pg. 1181) states:
(a) INELIGIBILITY TO ENROLL.-
(1) IN GENERAL.-Subject to paragraph (2), …a group health plan, and a health insurance issuer offering group health insurance coverage in connection with a group health plan, may not establish rules for eligibility (including continued eligibility) of any individual to enroll under the terms of the plan based on any of the following health status-related factors in relation to the individual or a dependent of the individual:
(A) Health status.
(B) Medical condition (including both physical and mental illnesses).
(C) Claims experience.
(D) Receipt of health care.
(E) Medical history.
(F) Genetic information.
(G) Evidence of insurability (including conditions arising out of acts of domestic violence).
(2) NO APPLICATION TO BENEFITS OR EXCLUSIONS.-To the extent consistent with section 701 paragraph (1) shall not be construed–
(A) to require a group health plan, or group health insurance coverage, to provide particular benefits other than those provided under the terms of such plan or coverage, or
(B) to prevent such a plan or coverage from establishing limitations or restrictions on the amount, level, extent, or nature of the benefits or overage for similarly situated individuals enrolled in the plan or coverage.
Note that SEC. 2701. INCREASED [300gg] PORTABILITY THROUGH LIMITATION ON PREEXISTING CONDITION EXCLUSIONS. (ref. pg. 1175) allows the federal government to exclude a preexisting condition:
(a) Limitation on Preexisting Condition Exclusion Period; Crediting for Periods of Previous Coverage.–Subject to subsection (d), a group health plan, and a health insurance issuer offering group health insurance coverage, may, with respect to a participant or beneficiary, impose a preexisting condition exclusion only if– (1) such exclusion relates to a condition (whether physical or mental), regardless of the cause of the condition, for which medical advice, diagnosis, care, or treatment was recommended or received within the 6-month period ending on the enrollment date; (2) such exclusion extends for a period of not more than 12 months (or 18 months in the case of a late enrollee) after the enrollment date; and (3) the period of any such preexisting condition exclusion is reduced by the aggregate of the periods of creditable coverage (if any, as defined in subsection (c)(1)) applicable to the participant or beneficiary as of the enrollment date.
Here is the video of Sen. Al Franken using smoke and mirrors from Switzerland to convince his constituents that ObamaCare snake oil is better than the snake oil of the “evil” private insurance companies…
Hopefully, Minnesotans and Senator Hollydale are proud of Rep. Michelle Bachmann who isn’t afraid to stand up for our Constitution as a true Representative of American Liberty…
We Now Have A Total Gangster Government
Related ObamaCare Posts:
- a. ObamaCare: Runaround Universal Healthcare
- b. ObamaCare: Your Butt is Mine
- c. ObamaCare: Jack Webb Teaches the American Way to Barack Obama
- d. American Lie: The Day ObamaCare Dies
- e. Obama’s Mess: Silence Like A Cancer Grows
- f. ObamaCare: Dr. Shoal Says Rationing your Health is Patriotic
- g. ObamaCare Phepping Beer Summit
- h. Obama and ObamaCare Busted
- i. Drink the Kool Aid of the ObamaCare Teleprompter President
- j. ObamaCare: the Hidden Truth
- k. ObamaCare: The Absolute Power of Obama’s Kool Aid?
- l. ObamaCare Flu PSA Video Contest
- m. ObamaCare Increases Health Care Costs
(1) Please note that the Al Frankenberry Carp of Crap image is Fishy Prophet Satire was created using an original photograph of Minnesota Democratic Senator Al Franken captured by AP Photo journalist, Manuel Balce Ceneta on Nov. 19, 2008.
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Posted on September 10, 2009, in Political News, Political Satire and tagged Al Franken, Fishy Prophet of Obamacare, Michelle Bachmann, Political News, Political Satire, President Barack Hussein Obama. Bookmark the permalink. 4 Comments.