Law

Untested Waters (TMA on ObamaCare)

From the Texas Medical Association website:

Both Texas Oncology and ARC, for example, already participated in most major health plans in Texas before the launch of the exchange. Because not all of those insurers explicitly invited Texas Oncology to join their new marketplace networks, the group was combing through its contracts and contacting carriers to find out how to opt out of the exchange plans. All of ARC\’s existing contracts require insurers to renegotiate with the group before including it in any new products or networks. Some payers never approached the group; others came back with lower fee schedules, which ARC declined. On the other hand, 27 percent of respondents in the MGMA survey said they are participating in the exchange because their existing contract terms required them to participate in all of an insurers\’ products under so-called \”all products\” clauses.

Because a number of Dr. Buckingham\’s contracts include such clauses, the six-physician practice, Eye Physicians of Austin, faces the prospect of renegotiation in order to opt out of certain exchange plans.

\”To me, my hands are tied, and they are making me jump off of a plank I don\’t want to jump off of. And it\’s an expensive process, and it interrupts patient care,\” she said.

via Untested Waters.

Texas Tribune interview with abortion-seeking couple

First, I hope and (am praying) Marni begins to love her child and allows her to live.

The Texas Tribune has published an interview with a couple whose baby’s life has been spared – at least for a few days – by Texas law.

Here’s the interview:

However, she found 2 alternatives within 2 days, so her rights are not at all infringed upon.

Marni is mistaken about the number of abortions in Texas every year. There were 66,000, not 80,000 abortions in 2012. 72,000 in 2011, 77,500 in 2010, 77,850 in 2009.

Marni specifically asks what sorts of “resources” the State and pro-life people have made available. She should have already known – and should ask their abortionist at her next appointment – about the Texas Woman’s Right to Know “Resource Directory.” She should have been given a copy at her first abortion consult appointment with Planned Parenthood. It’s also available online here.,  The file in pdf includes the information she asked about. The booklet lists agencies and assistance that’s available  from the State, County, and private organizations for pregnant women  in Travis County.

I’m not surprised that their comments are so political, and that John talks about politicians “shoring up their base,” etc., since that’s a common talking point for abortion advocates when they talk about pro-life politicians. I’m sure that someone at Planned Parenthood fed them the inaccurate statistics and coached them on the motives of people like me and the legislators who worked to protect life.

(I do have to wonder how Marni and John missed all the press leading up to the passage of HB2. You would think they’d have heard about Wendy Davis’ filibuster at least!)

Hopefully, when they see the way they’ve been misled about statistics, they will begin to understand that the prolife activists and politicians are as honest as we can be about our motives.

#Stand4Life Victories: Texas’ law upheld, ObamaCare contraception mandate struck

Victory on two levels! Many of Texas’ abortion facilities are closed today because they don’t have doctors with hospital privileges and today, the DC Court of Appeals ruled in favor of religious conscience rights, even for people who own businesses!

From The Hill, a blog out of Washington, DC:

A federal appeals court on Friday struck down the birth control mandate in ObamaCare, concluding the requirement trammels religious freedom.

The D.C. Circuit Court of Appeals — the second most influential bench in the land behind the Supreme Court — ruled 2-1 in favor of business owners who are fighting the requirement that they provide their employees with health insurance that covers birth control.

Requiring companies to cover their employees’ contraception, the court ruled, is unduly burdensome for business owners who oppose birth control on religious grounds, even if they are not purchasing the contraception directly.

“The burden on religious exercise does not occur at the point of contraceptive purchase; instead, it occurs when a company’s owners fill the basket of goods and services that constitute a healthcare plan,” Judge Janice Rogers Brown wrote on behalf of the court.

via Court strikes down mandate for birth control in ObamaCare | TheHill.

Food Stamp Enrollment Growth (with Interactive Map)

If Federal If the Federal government increases spending and decreases limits, is it surprising that people take advantage of it?

If you’re concerned about the news that the Federal food stamp program funding will be cut 5%, take a look at this map from the June, 2013 Wall Street Journal, showing the percentage of population in each state which receives Federal food stamps.

It is accompanied by a graph of growth of food stamp enrollment depicting periods of enrollment. That bright red line is Texas’ growth, which is nearly parallel with the US average, shown as a grey-green line. (Take a look at the annual spikes of Alaska’s enrollment, which I guess is due to the disbursement of the Alaska Permanent Fund Dividend.)

But take a look at the growth since the “Stimulus” was passed by the Dem-controlled House and Senate, nearly doubling funds for food stamps and increasing the number of recipients from 28 million to 48 million.Since the increase in enrollment has been over 70%, that 5% cut in payments will not bring the spending levels back to pre-recession levels. Wouldn’t it make sense to tighten up on the eligibility requirements, rather than make an across-the-board cut?

Fifth Circuit Stays Yeakel Ruling: Court of Appeals says HB 2 abortion restrictions go forward – News Blog – The Austin Chronicle

Court of Appeals says HB 2 abortion restrictions go forward

By Michael King, 7:53PM, Thu. Oct. 31

Fifth Circuit Stays Yeakel Ruling

In a decision released late Thursday, the Fifth Circuit Court of Appeals granted the motion of Texas Attorney General Greg Abbott, overturning the ruling of federal District Judge Lee Yeakel and allowing enforcement of the restrictions that will likely leave thousands of Texas women without access to abortion care.

Specifically, the three-judge panel stayed Yeakel\’s injunction against the law — specifically the provision that will require doctors administering abortions to have admitting privileges in a nearby hospital – pending an appeal to the whole Fifth Circuit that will not be heard until at least January. That means many clinics will close, because most doctors will not be able to get admitting privileges to hospitals where they do not normally practice. The ruling left in place, in part, the judge\’s ruling that medication abortions could be performed in certain circumstances, when the mother\’s life or health is in danger.

via Fifth Circuit Stays Yeakel Ruling: Court of Appeals says HB 2 abortion restrictions go forward – News Blog – The Austin Chronicle.

Texas abortion clinic not safe

Who’s surprised that the abortionists aren’t concerned about sterile instruments, monitoring patients’ heart rates or keeping up with their life saving skills or equipment? They’re not in the business of saving life. They kill.

The October 3 inspection at Whole Woman\’s Health of Beaumont turned up potential health issues.

The report says the facility failed to provide a safe environment for patients and staff. The suction machines which were used on patients had numerous rusty spots which, \”had the likelihood to cause infection.\”

The report also says, \”the facility failed to have the EKG monitoring equipment ready if an emergency situation occurred…\”

Fatima Gifford, the spokeswoman for Whole Woman\’s Health, said Tuesday that at this time, the clinic did not have a comment

via Inspection of Beaumont abortion clinic raises health concerns – 12 News KBMT and K-JAC.

At least this news organization reported on the local facility. You won’t find much coverage, even among the “journalists” who are all over the lawsuit news.

From LifeSite News, here’s the rest of the story:

Whole Women’s Health facilities all over Texas failed inspections for the last two years, time and again. There were holes in the cabinets, rust on machines used during the procedures, and the staff didn’t know the proper method of sterilization or checking that supposedly sterile tools actually are sterilized in the autoclave. Where they were found to be lacking last year, they made no changes, no improvements.

Their focus and skills lie in taking life, not preserving or saving it.

PolitiFact Texas Defends – and Interprets – Davis On Abortion

If I were being exceptionally kind, I’d interpret Texas Democratic Governor candidate (and portable urinary catheter user) Wendy Davis’ position on abortion restrictions as, “Whatever the Supreme Court rules is good enough for me.”  When not so generous, I’d say she’s not answering the question.

What Wendy Davis said,

 “Davis, while addressing the National Press Club in Washington, D.C., Aug. 5, 2013, was asked, “Could you discuss what legal limits on abortion you do support?”

She replied, “You know, the Supreme Court has made that decision. And it’s one of the protected liberties under our Constitution. And I respect the constitutional protections that are in place today.”

.”

Politifact’s interpretation:

So in her response in Washington, Davis signaled that she both accepts letting states limit abortions after the first trimester and limit or ban abortions after fetuses are viable, unless the mother’s life is at risk.

via PolitiFact Texas | Davis opposes late-term abortions, with certain exceptions.

How refreshing it would be if one of the “fact-checkers” actually asked the hard questions of a pro-abortion Dem!

Unions to win delay of ObamaCare tax (Not the rest of us, tho’)

Labor unions are poised to score the delay of an ObamaCare tax in the bipartisan budget deal emerging in the Senate.

The bargain under negotiation would make small adjustments to the healthcare law, including delaying the law\’s reinsurance fee for one year. The three-year tax is meant to generate revenue that will stabilize premiums on the individual market as sick patients enter the risk pool.

via Unions poised to win delay of ObamaCare tax in budget deal – The Hill’s Healthwatch.

Good deed, punished

My local Canyon Independent School District, in Comal County, Texas, has a proposal for a $451 Million Bond on the ballot in November.

“”The fast-growing district’s Nov. 5 ballot initiative is more than double its largest past bond issue, a $205.8 million package approved in 2008. Its size, and a lack of specifics on when new campuses will open, is drawing criticism.””

Out of the goodness of our hearts, Texas’ voters have agreed to “freeze” taxes for our neighbors over 65 years old. Will we be repaid by Seniors’ voting for every tax hike that comes along? Our grand-children will be paying for this bond, whether or not we will. We owe those future young adults our best judgment and our restraint.

“Welcome to the Party, Pal” | The Northern Right

Amen to this:

“So what do we Americans do with a feral, out of control administration, misusing and abusing their authority? Well, we can start transferring power and authority out of Washington DC back to the many states. Doing this with all public lands, National Parks, National Forests, Wilderness Areas, National Monuments and everything else the feds own and operate would be a good first start. Follow it up with moving all licensing and permitting back to the states.”

“Welcome to the Party, Pal” | The Northern Right.

UnitedHealthcare drops physicians from Medicare plan – Financial Mines

“Keep your doctor?” NOT!

Physicians across the state are reeling after they were informed that they will no longer be participants in a popular Medicare program.

UnitedHealthcare sent a letter dated Oct. 2 to 810 primary care physicians and 1,440 physician specialists, telling them that the separation from its Medicare Advantage network would be effective Feb. 1, 2014.

The business, a unit of Minnetonka, Minn.-based UnitedHealth Group, said affected physicians have the right to appeal and told them that their agreements for other UnitedHealthcare networks will not be impacted.

The notification came as a surprise to the Fairfield Medical Association, which counts 1,499 physicians in its ranks.

“They’re letting 19 percent of the physicians in the network go,” said Mark Thompson, executive director of the association. “This is where insurance companies are using insurance contracts to interfere with the doctor-patient relationship.”

via UnitedHealthcare drops physicians from Medicare plan – Financial Mines.

ObamaCare begins to “Ping” the IRS for information

What might have been missed in all the emotional media coverage about the troubles people are having with the ObamaCare exchanges and the news that the IRS official shared tax information with the WhiteHouse:

Hall Ingram said a key piece of the healthcare law’s new infrastructure — the federal “data hub” — is working well.

When consumers apply for insurance and tax subsidies through an exchange, the exchange uses the data hub to draw information from several state and federal agencies to confirm applicants’ identity and calculate the subsidies they can receive.

Exchanges have successfully pinged the IRS’s servers to request income information about applicants, and the IRS has been able to respond, she said.

“As far as we can tell, and we are looking on a daily basis, it\’s operating well,” Hall Ingram said.

via GOP grills IRS’s ObamaCare chief – The Hill’s Healthwatch.

BOR: Lies from the Left (I know, it’s redundant)

And BOR is a much better acronym than anything I could make up.

The Burnt Orange Report is Texas’ own quintessential leftist blog, spinning and twisting any stories or facts to make conservatives look bad.

Good little far-left Democrat media tool that the BOR is, it seems almost superfluous to note that the blog is pro-abort. However, the reason I’m bringing BOR to your attention is Part 1 and Part 2 of “Why Texas Women Need Access to Later Term Abortions by someone named Natalie San Luis.

The BOR enjoys bold exaggeration in its fonts, to highlight the most emotional rants. There are the usual facetious arguments that women need abortions after 5 months such as, “wealthy women who have the means can jump over the barriers, but more and more women can’t” and “Amniocentesis, which tests amniotic fluid for fetal abnormalities and genetic problems, is sometimes performed as late as 22 weeks.” (The babies of less than wealthy women and their mothers deserve protection, too. And amniocentesis is usually done much earlier  and is still legal, just as it is at 30 weeks or 35.)

Ms. San Luis would also have us develop sympathy for doctors who fear the liability of making a decision about whether a baby’s birth defect is compatible with life.

After. 20. weeks.

Because: ” Accounting for factors like the woman’s health history and future complications, it is almost impossible to accurately guess the likelihood of fetal survival in each of these cases. “

(Maybe that’s why they can’t get local hospital privileges.)

While I can mock the poor logic of the author, it’s better to catch her repeating easily checked, but false “facts.”

The founder, President and CEO of the San Antonio Abortion facility, Whole Woman’s Health, Amy Hagstrom Miller, is quoted as saying, “We’ve seen a 10 percent increase in second trimester abortions just since the sonogram bill has passed,”.

Besides the fact that there’s only one year of data available “since the sonogram bill has passed” and went into effect in late 2011, the numbers don’t back up that statement, unless it’s local to the San Antonio facility.  According to numbers from the Texas Department of State Health Services, there were 136 fewer 2nd trimester abortions in Texas in 2012 than in 2011.

Year      Total Abortions      2nd Trimester Abortions  1st Trimester Abortions   %1st

2012       66098                          5204                             60882                          92.1
2011       72470                          5340                             67121                          92.6
2010      77592                           5542                             72042                          92.8

(I couldn’t resist showing the steady decrease in abortions in Texas, even though it horrified me to put those large numbers into the calculator.)

Did anyone else notice that there’s no obvious way to make comments on BOR?

Edit 10/10/13 – correcting punctuation, removing my own redundancies — BBN

Obama Stumbles Despite Friendly Press « Commentary Magazine

After explaining his “history,” of posturing and hiding unpopular legislation by attaching it to another Bill, President Obama truly stumbles:

“And you know, we don’t get to select which programs we implement or not.”

via Obama Stumbles Despite Friendly Press « Commentary Magazine.

Iguess it depends on the meaning of “select,” because as the article notes,

“Obama chooses which parts of which laws he wants to implement and enforce at will, as if Congress were a supercommittee brainstorming ideas rather than a coequal branch passing laws . . “

‘Gestapo’ tactics meet senior citizens at Yellowstone » Local News » NewburyportNews.com, Newburyport, MA

Not even allowed to take pictures!

Rangers systematically sent visitors out of the park, though some groups that had hotel reservations — such as Vaillancourt’s — were allowed to stay for two days. Those two days started out on a sour note, she said.

The bus stopped along a road when a large herd of bison passed nearby, and seniors filed out to take photos. Almost immediately, an armed ranger came by and ordered them to get back in, saying they couldn’t “recreate.” The tour guide, who had paid a $300 fee the day before to bring the group into the park, argued that the seniors weren’t “recreating,” just taking photos.

“She responded and said, ‘Sir, you are recreating,’ and her tone became very aggressive,” Vaillancourt said.

The seniors quickly filed back onboard and the bus went to the Old Faithful Inn, the park’s premier lodge located adjacent to the park’s most famous site, Old Faithful geyser. That was as close as they could get to the famous site — barricades were erected around Old Faithful, and the seniors were locked inside the hotel, where armed rangers stayed at the door.

“They looked like Hulk Hogans, armed. They told us you can’t go outside,” she said. “Some of the Asians who were on the tour said, ‘Oh my God, are we under arrest?’ They felt like they were criminals.”

via ‘Gestapo’ tactics meet senior citizens at Yellowstone » Local News » NewburyportNews.com, Newburyport, MA.

Even the CDC is victim to the #ShutDown #TemperTantrum!

Someone was paid to put this notice on the Centers for Disease Control website! On the home page, it’s on a red background! (But don’t worry: they also have a reminder to sign up for ObamaCare.)

Due to the lapse in government funding, only web sites supporting excepted functions will be updated unless otherwise funded. As a result, the information on this website may not be up to date, the transactions submitted via the website may not be processed, and the agency may not be able to respond to inquiries until appropriations are enacted.

Updates regarding government operating status and resumption of normal operations can be found at http://www.usa.gov.

via CDC – Diabetes Public Health Resource – Data & Trends.

Update, 7:30 PM 10/7/13: The National Institutes of Health also has a disclaimer.

1996: Virgin Islands beach reopened

Judge orders Virgin Islands beach reopened

January 4, 1996

Web posted at: 12:45 a.m. EST

ST. CROIX, U.S. Virgin Islands (CNN) — A federal judge Wednesday ordered the National Park Service to reopen the Buck Island Reef National Monument despite the ongoing federal budget crisis.

Two Virgin Island residents sued in federal district court to have the park reopened, arguing they were being hurt by the closure of the beach at Buck Island. They said the shutdown had denied them the ability of “freely enjoying a cherished natural resource.” They further argued that the Park Service had violated the federal Open Shorelines Act by closing the beach.

The National Park Service argued it had no choice because the budget crisis had forced it to reduce the normal staff of “two to three employees” to one employee and one volunteer.

via CNN – Virgin Islands beach reopened – Jan. 4, 1995.

Feds “own” or “run” too much – Update

It’s not just that this is the first time that US citizens have been barred from the Lincoln Memorial due to a government shutdown, the National Parks service is barring us from  scenic drives and overlooks on public and state highways, open beaches and the waters around them, and private businesses that are paying tenants of “government” lands and waters.

One former Secretary of the Interior, Gale Norton, flatly states that these decisions are political and most likely being made in the White House.

Perhaps, instead of blaming one Party or another (or increasing government involvement in something as vital and intimate as the delivery of medical care), it’s time to decide whether our government is responsible enough to own and control so much of our lands.

Update: more closings

1. The City Tavern in Philadelphia, because the Feds own the building, not the business.

2.Nauset Knoll Motor Lodge, which leases land in Cape Cod National Seashore.

3. All sorts of fishing, rafting and hiking. Search the news on any of these topics – there are too many to post.

4. Government sponsored travel, such as the President’s Asian trip. But it also will block scientific conferences. 

Edited Oct 4, 2013 at 2 PM to change the picture to one that I own.

White House Ordering Hundreds of Privately Run, Privately Funded Parks to Close

The order to shut down business that pay money to the Federal government rather than cost money came from ” ‘above the department’, which I presume means the White House” . . .

“My company, based in North Phoenix, operates nearly over 100 US Forest Service campgrounds and day use areas under concession contract. Yesterday, as in all past government shutdowns, the Department of Agriculture and US Forest Service confirmed we would stay open during the government shutdown. This makes total sense, since our operations are self-sufficient (we are fully funded by user fees at the gate), we get no federal funds, we employ no government workers on these sites, and we actually pay rent into the Treasury.”

via The PJ Tatler » BREAKING: White House Ordering Hundreds of Privately Run, Privately Funded Parks to Close.

Experts Suggest Software Problems, Not Just Demand, May Be Behind Marketplace Glitches – Kaiser Health News

“This is not a glitch. A glitch is a minor problem,” said Robert Laszewski, a consultant and former insurance executive. “The real story is that the Obamacare computer systems simply are not working.”

via Experts Suggest Software Problems, Not Just Demand, May Be Behind Marketplace Glitches – Kaiser Health News.

Study: 20,000 a Year Will Go Without Abortions Due to Texas Law

Texans paid for this study by the University of Texas College of Liberal Arts, Texas Policy Evaluation Project, founded to “evaluate” the effect of the 2011 State budget cuts on Family Planning, ignoring the deep cuts on everything else the State funded. (Speaking of ignoring: the website hasn’t updated the information on Family Planning since the 2013 Legislature added over $200 Million dollars to the program.)

Tx-PEP, as they call themselves, got some publicity on a San Antonio radio station, WOAI, today, complaining that women will have to “go without” elective abortions.

A pro choice activist group says the strict new abortion restrictions which were approved by the Texas Legislature in July will result in more than 22,000 Texas women per year being unable to undergo an abortion, 1200 WOAI news reports.

“Women particularly in rural areas and outside of cities who want to terminate a pregnancy, will have no recourse because there will be no late term providers left,” Jody Jacobsen of the Texas Policy Evaluation Project, told 1200 WOAI news.

Elective abortions are “elective.” These are not abortions to save the life of the mother. They are abortions due to “choice.”

Of course, the Texas Policy Evaluation Project doesn’t admit that none of the current abortionists are in rural areas. In other words, anyone seeking an elective abortion today must go to a big city and may be inconvenienced.

Forget any pretense at impartiality:

  The laws do not cover women who are less than twenty weeks gestation, and abortions will still be available to them.

  But Jacobsen says it’s all a matter of personal freedom.

  “Who is Rick Perry to tell me what decisions I should or should not have made, or what any other woman should or should not have made,” she said.

Special penalties in USVI during shutdown

From that blog post on Obama’s #TemperTantrum:

” However, only one of our beaches is staffed with lifeguards under normal circumstances anyway, and when the Park closes on holidays, beaches are not barricaded, nor are citations issued to beach-goers.  It should also be noted, interestingly, that according to VI Coastal Zone Management Act Section 903 (b) (6), all Virgin Islands beaches are public, from the high tide mark down to the water line…”

There have never been barricades (#Barrycades ) before, but there are under #HarryReidsShutdown?