Sunday, October 11, 2009

Obama's Health Care Lie

















Below is proof that Congressman Wilson was correct, Obama is a liar. Obama told us that we would not be forced into his government health care system. Three people have sued in federal court because they were told if they opt out of Medicare A their social security benefits will be taken away.

Federal judge Rosemary Collyer gave a victory to the three plaintiffs who sought to opt out of Medicare because they had their own health care insurance.

Obama's Health and Human Services sought to dismiss the law suit on the basis that the POMS rules state that seniors who withdraw from Medicare Part A must surrender their Social Security benefits. Medicare Part A covers hospital and outpatient services.

POMS were imposed during Clinton's administration and are administrative rules that are not in statutes governing Medicare.
Interestingly, the three plaintiffs were Brian Hall, John Kraus, and former Republican House Majority Leader Dick Armey. They all possessed health care plans and preferred them to Medicare A.

Judge Collyer in her ruling said, "neither the statute nor the regulation specifies that Plaintiffs must withdraw from Social Security and repay retirement benefits in order to withdraw from Medicare."

Article I of the Constitution gives Congress sole power to legislate and when a federal agency rules conflict with federal statute, the federal statute takes precedence.

The Obama regime argued that the plaintiffs had not exhausted administrative remedies for challenging POMS. Judge Collyer rejected that argument stating one plaintiff had sought an administrative hearing for three years and never got a response and exhaustion of remedies was therefore "futile." Of course we all know stonewalling a person is something the government is famous for.

The plaintiffs asked for the freedom to spend their own money for their own health insurance. Medicare is bankrupt and letting seniors opt out could save the taxpayers money. The plaintiffs reasonably argued that they paid a lifetime of taxes into Social Security and should not have it taken away because they are willing to pay for their own medical care. Social Security and Medicare are separate programs and financed by different payroll contributions.

This case reveals the deep gap between Obama's rhetoric and his policies. Keep in mind that Obama has told us repeatedly that his program, the "public option," would not be forced down our throats. Obama said, "If you like your health care plan, you keep your health care plan. Nobody is going to force you to leave your health care plan.

Joe Wilson was right, here is a case where the Obama regime is forcing Medicare on seniors.

Let's hope and pray that the federal courts continue to decide in favor of the U.S. Constitution and the people.




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