Porkulus alert: The massive expansion in health-care regulation
posted at 2:40 pm on February 12, 2009 by Ed Morrissey
Earlier this week, Bloomberg reported on a stealth provision in Porkulus that would set the stage for federal diktats in patient care. The bill created a Federal Coordinating Council for Comparative Effectiveness Research, a Tom Daschle pet project that would study the effectiveness of patient treatments and set federal rules on which treatments would be allowed by health-care providers throughout the US. As Betsy McCaughey reported, Daschle’s vision was to eliminate costly treatments and slow progress on medicine:
Hospitals and doctors that are not “meaningful users” of the new system will face penalties. “Meaningful user” isn’t defined in the bill. That will be left to the HHS secretary, who will be empowered to impose “more stringent measures of meaningful use over time” (511, 518, 540-541)
What penalties will deter your doctor from going beyond the electronically delivered protocols when your condition is atypical or you need an experimental treatment? The vagueness is intentional. In his book, Daschle proposed an appointed body with vast powers to make the “tough” decisions elected politicians won’t make.
The stimulus bill does that, and calls it the Federal Coordinating Council for Comparative Effectiveness Research (190-192). The goal, Daschle’s book explained, is to slow the development and use of new medications and technologies because they are driving up costs. He praises Europeans for being more willing to accept “hopeless diagnoses” and “forgo experimental treatments,” and he chastises Americans for expecting too much from the health-care system.
When confronted by this provision by Fox News anchor Megyn Kelly, cancer survivor Arlen Spector professed surprise at hearing about the inclusion of such a program. He then promised to vote against any bill that included such a provision:
Well, it looks as though it’s time to call Specter’s bluff. HA reader Dr. Eric Novack, who once led an effort in Arizona to put health-care freedoms into law, has reviewed the new version of Porkulus — and the same sections remain. In fact, as Eric notes, it occupies almost a third of the entire bill:
Of the 1434 pages, pages 806-1251are dedicated to the expansion of the federal health care bureaucracy. (That is, not including the COBRA, Medicaid, etc. expansion that begins on page 1278.)
page 826 line 8 establishes: There is hereby established a Federal Coordinating Council for Comparative Clinical Effectiveness Research
Blowback
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Can soylent green be far behind?
Vashta.Nerada on February 12, 2009 at 2:42 PM
Useless eaters.
lorien1973 on February 12, 2009 at 2:42 PM
No.
nickj116 on February 12, 2009 at 2:43 PM
I think the FCCCCER label applies to Specter and everyone else that votes for this.
Vashta.Nerada on February 12, 2009 at 2:45 PM
I doubt ths provision will make Sen Sphincter pucker up.
David in ATL on February 12, 2009 at 2:45 PM
Let a few people die because of this monumentally stupid idea, let a few people die because some government clerk denied a doctor the ability to administer treatment, and there will be armed people taking to the streets.
The left is ordering up a revolution, they just aren’t smart enough to realize it.
Bishop on February 12, 2009 at 2:45 PM
Rest assured that every possible medical procedure will be reasonable for the Fascist and Socialist pigs in Congress, and for their families.
Fascism and Socialism are for the little guy … not for pigs inside of the Beltway.
OhEssYouCowboys on February 12, 2009 at 2:45 PM
And the really interesting part?
My Medical records are already online here in Denver… as were my recent colonoscopy results… and blood work…
So, if industry is already doing this… why the Federal Intrusion?
Romeo13 on February 12, 2009 at 2:46 PM
Soylent Green is people
catmman on February 12, 2009 at 2:47 PM
Romeo13 on February 12, 2009 at 2:46 PM
Because the Feds don’t control it yet, silly!
catmman on February 12, 2009 at 2:48 PM
A very apt acronym.
Vic on February 12, 2009 at 2:48 PM
I know how I’m pronouncing that acronym. :|
Patrick S on February 12, 2009 at 2:48 PM
Because the government is the enemy of efficiency and value. Sad, isn’t it?
redfoxbluestate on February 12, 2009 at 2:49 PM
Hmm – so Kennedy, Specter, Ginsberg – sorry, we’re going to have to let you die. Oh, wait! I forgot – you are the elite, so never mind.
Vashta.Nerada on February 12, 2009 at 2:49 PM
I’ve decided I don’t trust Specter so……no, I don’t think he changes his mind.
XWing5 on February 12, 2009 at 2:49 PM
And Specter’s office should be our first stop… Followed by Snowe and Collins… Then we’ll head for the White House.
Mark Garnett on February 12, 2009 at 2:51 PM
Specter will vote for it anyway. I wonder if this makes it possible to bring a lawsuit against the government for invasion of privacy or violation of the 8th amendment.
FuriousAmerican on February 12, 2009 at 2:52 PM
FCCCCER indeed. All they have to do is change the name to:
Federal
CoordinatingUnity Council for Comparative Clinical Effectiveness Research and there will be no doubt at all.Buy Danish on February 12, 2009 at 2:52 PM
Well now, all those older citizens who voted for bho will now have to thank him and the d’s for not giving them the heart cath., knee replacement, etc. ARE U sorry now you voted for this pos???
L
letget on February 12, 2009 at 2:54 PM
Translation. Whenever the politicians are being cowed by the electorate, we must take the decision making out of the hands of the politicians and place it with beaurocrats who can be trusted to make the right decisions.
MarkTheGreat on February 12, 2009 at 2:55 PM
It will get more gop votes.
getalife on February 12, 2009 at 2:55 PM
HOw fitting that ancient dodo bird Arlen Specter, a beneficiary of the best medical treatment money can buy, is ushering in FCCER! And what a great name for a federal agency, sounds like something out of Get Smart.
james23 on February 12, 2009 at 2:56 PM
It’s the blue ribbon commission on who lives and who dies.
You’ll have to appear before the commission to state your case for continued existence. It might make a cool reality show, though.
lorien1973 on February 12, 2009 at 2:57 PM
The goal is reasonable. We can either ration health care up front, by denying some people access to any care (which is what we do now), or we can ration it on the back end, by denying a few people access to expensive care. But we can’t avoid the rationing altogether. No society is going to spend unlimited money on healthcare.
paul006 on February 12, 2009 at 2:57 PM
Specter left reasoning behind closed doors a long time ago, and is now on full liberal mindset. If his warped sense of thinking indicates that supporting this bill will get him re-election, he better think again.
jencab on February 12, 2009 at 2:57 PM
We already have this crap… its called Medicaid.
Vince on February 12, 2009 at 2:58 PM
Per Rush’s Monologue yesterday, I could see this in the future when the Republicans control the FCCCCR board:
We have analyzed your medical records and your primary voting patterns. Given that you are consistently grabbing Democrat ballots in the primaries these procedures you require would not be effective per our Comparative Clinical Effectiveness Research. I am sorry to say you have one month.
WashJeff on February 12, 2009 at 2:59 PM
And of course your average lib believes this won’t apply to them by virtue of their indispensability to the nation.
Bishop on February 12, 2009 at 2:59 PM
“We’ll get on it Megyn. We’ll get it clarified” Which means Sen. Specter is upset this provision has seen the light of day. It’s quite apparent by his words that he’s still going to vote for the stimulus package; all he would’ve had to say was “If this provision isn’t removed, I will not vote for the bill”.
Instead, yet more gummint intrustion and regulation in our lives. Thanks Sen. Specter
dalewalt on February 12, 2009 at 2:59 PM
Or, we could ration it based on price. Nah, that’s evil capitalism.
Vashta.Nerada on February 12, 2009 at 2:59 PM
Spincter’s understanding of this bill is a mudda-FCCER!
aquaviva on February 12, 2009 at 2:59 PM
If there is any justice, Chairman MaObama’s supporters will take the brunt of the damage he does.
james23 on February 12, 2009 at 2:59 PM
I know someone who will not make it past their first FCCCER committee hearing.
lorien1973 on February 12, 2009 at 3:01 PM
Sue all you want. The courts don’t seem to be in the business of limiting government anymore, so you’ll just be throwing your money down a hole.
hawksruleva on February 12, 2009 at 3:01 PM
A Senate Oligarch whose health care costs are borne by the Imperial Government telling the peasants to ‘Deal With It’?
Say it ain’t so!
How many days until the next Election Cycle?
SeniorD on February 12, 2009 at 3:01 PM
This is a very dangerous bill. Aren’t they required to read everything that’s in a bill before they vote for it or not? How can anyone be “surprised” to hear about things like this then? It takes a CNN reporter to let them know what’s in the bill? Is that how f’d up they are? Or are they signing off on something and it gets taken to a closed door session full of liars who start reinserting the things they said would get taken out? Wondering just how bad it is.
scalleywag on February 12, 2009 at 3:02 PM
But, I would take out a few committee members before I go…
Vashta.Nerada on February 12, 2009 at 3:02 PM
Now we know what Rahm Emanuel meant about not letting a crisis go to waste.
Scare the people, talk down the economy, then ram porkulus through Congress and attach all sorts of neat little provisions like this and the welfare ones.
rbj on February 12, 2009 at 3:02 PM
lorien1973 on February 12, 2009 at 2:57 PM
They could model it in the manner of what Japanese employees had to do during the 90′s: appear before the company board and emote to the best of your ability to show your dedication to the business.
Sing, cry, dance, wail and gnash your teeth, and hope your fervor is realistic enough to convince the committee members that you are worthy of keeping.
Bishop on February 12, 2009 at 3:03 PM
No, it’s not. S-chip gives care to lots of folks that couldn’t afford it. There are dozens of ways to get healthcare, even if you can’t afford it. In fact, I believe hospitals are legally forbidden from denying treatment to someone based on price. So you can’t say people have no access to any care, when anyone can walk into an emergency room and get treatment.
hawksruleva on February 12, 2009 at 3:05 PM
Instead of Dancing with the Stars, it’ll be Dancing for your Meds.
It’ll be awesome.
lorien1973 on February 12, 2009 at 3:05 PM
Specter drank the Kool-Aid. He’ll vote for it. He’s already forgotten his promise.
AubieJon on February 12, 2009 at 3:05 PM
I had to read that “accept hopeless diagnoses” remark several times before I could convince myself that it really existed. What kind of person is Daschle? It’s impossible to get a handle on the inner workings of a mind that could produce that statement in that context. Speaking as a reluctant tax payer, I’d prefer my money spent working around ‘hopeless diganoses’ than spent on ATV trails or water parks in Miami. And as Daschle only pays taxes on a whim, what business is this of his!
jeanie on February 12, 2009 at 3:05 PM
Medicine Under Doctor’s Diagnosis Association
Needs some improvement.
WashJeff on February 12, 2009 at 3:06 PM
Which is why healthcare is so expensive. People wander into emergency rooms for treatment and don’t pay. Which leaves those who do pay, paying exorbitant amounts of money for things.
Kinda like the tax code.
lorien1973 on February 12, 2009 at 3:06 PM
How many days until the next Election Cycle?
SeniorD on February 12, 2009 at 3:01 PM
What election cycle?
Line 17 on page 1,435 specifically denotes that elections will be held at the discretion of the President, contingent on his opinion of whether it would be good for the nation or not.
Line 18 edits the 2nd Amendment.
Bishop on February 12, 2009 at 3:06 PM
His number: 202-224-4254
amerpundit on February 12, 2009 at 3:07 PM
Our social security problems are solved! Sorry, mom and dad, but you baby boomers are way to expensive to keep around, crowding our hospitals and generating all that carbon. Were going to go ahead and just let you die.
patriette on February 12, 2009 at 3:07 PM
Once you accept the idea that it’s their money. It’s really a very short to trip to the idea that your life is theirs as well.
lorien1973 on February 12, 2009 at 3:08 PM
Uh, that would be “we’re.”
patriette on February 12, 2009 at 3:08 PM
There’s your problem. How about doctors advertising prices? The AMA forbids it.
Get rid of laws that demand care without payment, force doctors to compete based on price, and let the highest bidder get the treatment. Health care ‘crisis’ solved.
Vashta.Nerada on February 12, 2009 at 3:09 PM
Haha. I’d watch.
Ferris on February 12, 2009 at 3:10 PM
Instead of Dancing with the Stars, it’ll be Dancing for your Meds.
It’ll be awesome.
lorien1973 on February 12, 2009 at 3:05 PM
Right on, imagine the hilarity when the paraplegic needs to perform a tap dance in order to get a replacement for his crumbling, old wheelchair.
Bishop on February 12, 2009 at 3:10 PM
Not smart enough to realize it? Would you like to perhaps bet rubles on it, komrad?
MBuck on February 12, 2009 at 3:10 PM
Follow the Democratic logic. On the front-end, persecute doctors by allowing plaintiffs’ lawyers to run roughshod over them in medical malpractice actions that make their premiums skyrocket. On the back-end, for those doctors still in practice, boss them around.
First step in any health-care reform should be medical malpractice reform. No question, persecute quacks, but medical malpractice is killing doctors and killing the medical profession.
Then we can talk about other stuff.
How can any troll on these threads defend these measures?
GOP can’t stop you, but I hope the GOP starts doing damn better job of pointing out exactly the steps these pricks are taking.
BuckeyeSam on February 12, 2009 at 3:11 PM
My clinic in MN also has all electronic records. However it is a bit comical at the local clinic, where doctors and nurses all walk around with an open laptop in there hand. I am waiting for collisions of laptop-walkers. I think there will be many.
Dasher on February 12, 2009 at 3:11 PM
What. Are you against Biden having something to do?
lorien1973 on February 12, 2009 at 3:11 PM
That’s a rhetorical question, right?
The Obamessiah is doing pretty much what he promised in terms of substance, and nothing of what he promised in terms of process. Of course if he did the latter (emphasized transparency and bipartisanship, he wouldn’t be able to get away with the former (a stealth socialist revolution).
By the of 4 years of Obama-Pelosi-Reid, America will be changed so fundamentally that there will be no doing back. In fact, it looks like this one bill makes huge steps in that direction.
I am dismayed that your political system makes this possible.
ProfessorMiao on February 12, 2009 at 3:11 PM
Nah — I like the idea of the human-tetris-style competition before they even had the chance to see the board. I mean, if you can’t even make it through a hole in the wall, why should you continue to exist?
Ferris on February 12, 2009 at 3:12 PM
Always remember Animal Farm. All animals are equal, but some are more equal than others.
Of course, Barney Frank wants to cap the salaries of those who have nothing to do with the Fascist/Socialist bailouts. Of course, Barney will accept any and all further Congressional pay raises.
Of course, Tom Daschle wants to cap medical treatment … unless, of course, it pertains to him or his family.
Yes, all animals are equal …
OhEssYouCowboys on February 12, 2009 at 3:12 PM
I don’t FCCCER passing judicial review.
Kid from Brooklyn on February 12, 2009 at 3:13 PM
i am sure those convered under the congressional health policies will be exempt from these provisions.
bopbottle on February 12, 2009 at 3:13 PM
correction:
I don’t see FCCCER passing judicial review.
Kid from Brooklyn on February 12, 2009 at 3:13 PM
Um, Paul, allow me to correct you. Go to any emergency room and you will find that we do not disallow ANYONE medical care. You come to the ER, you get care. You go to any doctor, you will get care. Even illegal aliens get care. It is the BILL people complain about, yet, even then, there are PLENTY of programs or grace periods and fed aid to pay…NO ONE is disallowed care. Where do you LIVE?
No, you want to ration health care? Do not allow ER use to illegal aliens unless they are minors. PERIOD. Unless private citizens want to have a scholarship for their care. End of story.
Mommypundit on February 12, 2009 at 3:14 PM
These senators are so naive… they actually trust their staffs to tell them what in these tree killing monstrocities
phreshone on February 12, 2009 at 3:14 PM
The problem there of course is Democrats are in the back pocket of the lawyers, so not much chance of such malpractice reform. The republicans have tried for years, but lawyers are much more important to the dems, than doctors are.
Dasher on February 12, 2009 at 3:14 PM
Were going to go ahead and just let you die.
patriette on February 12, 2009 at 3:07 PM
Yet long term care can be expensive, some terminal conditions can take years to reach the inevitable conclusion.
The Government might have to take a larger role in the process, “assist” the undesirab…er…the unfortunate victims to leave this world with grace and dignity.
Now sit still, old man, while they aim the pistol at the back of your skull.
Bishop on February 12, 2009 at 3:15 PM
Frauds and Liars.
marklmail on February 12, 2009 at 3:15 PM
I emailed Senator Spector and told him that I am very disappointed in his siding with those who want to cram this huge government on us. I told him that I will be supporting whoever challenges him in the primary for his Senate seat unless he changes his vote when the bill gets out of committee. I urge all the folks from PA to do the same!
Paul K. on February 12, 2009 at 3:16 PM
I have MS. It’s unpredictable and incurable, and incredibly expensive to treat. The last treatment I was on was $1500/month, my current treatments are about $3300/month. Any effective drugs for this disease have been developed within about the past 10 years and cost a hell of a lot in R&D. Nothing new will ever happen after this gets put into law. Great.
melda on February 12, 2009 at 3:16 PM
This makes absolutely no sense, unless we’re going to freeze the treatment baseline at 2009.
Medical science advances, but it first has to be applied.
What this Bill would do is to preserve today’s treatment under glass, meaning that new and better treatment for diseases and maladies will never see the light of day.
Treatments that ultimately would save far more money than the old, “more cost effective” treatments.
Stupid.
NoDonkey on February 12, 2009 at 3:19 PM
Not smart enough to realize it? Would you like to perhaps bet rubles on it, komrad?
MBuck on February 12, 2009 at 3:10 PM
Touche. I will amend:
“The left is ordering up a revolution, they just aren’t smart enough to realize it won’t be the kind they imagined or wanted.”
Bishop on February 12, 2009 at 3:20 PM
You believe wrongly. That’s a (useful) myth. We’re required — if the hospital accepts Medicaid and Medicare — to provide emergency, stabilizing treatment in the face of acute injury or illness. If you come in with cancer and no cash or insurance, we’re not treating you. I guarantee it.
Name one person — just one — that you know who gets treated for cancer in a hospital emergency room. Name one.
You can’t do it. Because it doesn’t happen.
paul006 on February 12, 2009 at 3:20 PM
I did the same. It took every ounce of self-control I had not to use explitives.
patriette on February 12, 2009 at 3:21 PM
Specter and crew are lost causes. I really wonder about all the citizen useful idiots who voted for Obama. It is not like any of this was a secret desire of the Dems. They have been pushing this crap since forever.
Now that it is here and when it actually affects them, the same people will bitch….and then pull the lever for Obama’s 2nd term. Head against wall. repeat.
America1st on February 12, 2009 at 3:23 PM
Let me see now. Won’t the passage of with this health care package effect people on Medicaid also? What about all those Grannies who take care of their grandchildren cause Mom’s a crackhead? No care for her if she gets really sick? Who’s gonna take care of the kids then? The state? What about disabled people? How can Catholic Congress people and Senators back this bit?
Little Nell on February 12, 2009 at 3:24 PM
You know, when the government starts telling us who can live and who can die – and who can be an exception – it really is the end.
Alana on February 12, 2009 at 3:27 PM
So, when do we start the Revolution?
Wyznowski on February 12, 2009 at 3:27 PM
ONLY in Washington – “we’ll fix it AFTER I vote for it”. Yeah, right. Specter must think we are stupid Americans who will forget what he said. LIAR!
savvydude on February 12, 2009 at 3:27 PM
This is rather serious. They’re intention is to set penalties against doctors who perform atypical or experimental treatment on their patients. The two being defined by the a Federal agency. There would thus be no incentive for a doctor to provide this type of treatment if they’re going to be penalized by the Federal government. This could very easily go beyond the imposition of penalties to loss of a medical licence.
Beyond removing this flexibility in treatment is the overall harvesting and storage of your medical history. This means when you tell your doctor about your personal habits such as smoking, drinking, sleep habits, etc., they will end up being the property of a massive Federal information bank. Not unlike the EU this may mean a system wide denial of treatment for those that have partaken in habits deemed detrimental to their health. Thus a person that has a Federal medical record of alcoholism (or even passive use) is denied treatment related to this habit. Smoking would be another reason for denial according to Federal standards. This could apply to all users in the medical system.
This is getting long winded but I’ll close by presenting the possibility of using this data to implement tax penalties on individuals not adhering to a Federal health standard.
Mr Gus on February 12, 2009 at 3:28 PM
paul006 on February 12, 2009 at 3:20 PM
So because some people can’t get care for cancer you want to have the government decide who lives and dies? I don’t fancy listening to come government employee tell me “Sorry, but you’re too expensive and we don’t allow you to pay for the care on your own. Just accept it and go home to die.”
theotherKate on February 12, 2009 at 3:28 PM
Will Specter honor his commitment and vote against the nationalization of the health-care industry?Answere: NO
Reason: Because…
right2bright on February 12, 2009 at 3:28 PM
Repost: I didn’t even touch the strike key?
Answere: NO
Reason: Because…
right2bright on February 12, 2009 at 3:28 PM
right2bright on February 12, 2009 at 3:29 PM
$4.6 billion for “early childhood” programs
Ferris on February 12, 2009 at 3:29 PM
As we learn from Animal Farm, ‘some pigs are more equal than other pigs.’
Honestly, I’m about to hope that this goes through. Why? So that Obama will be the first “black” PotUS and the last liberal PotUS all at the same time.
jedijson on February 12, 2009 at 3:29 PM
this is not a tough question. Specter would rather honor his word to his schuckster colleagues than his word to the american people.
Topsecretk9 on February 12, 2009 at 3:34 PM
Will Specter honor his commitment
no.
pabarge on February 12, 2009 at 3:35 PM
The whole Fraudulus Package is decidedly un-American. Dickless bastards.
hillbillyjim on February 12, 2009 at 3:35 PM
By jove, I think you’ve got it, Mr Gus.
MBuck on February 12, 2009 at 3:36 PM
“The tree of liberty must be refreshed from time to time with the blood of socialists and their sputniks,” -T. Jefferson.
Akzed on February 12, 2009 at 3:36 PM
No, allow me to correct you, because that’s BS. You manifestly don’t know what you’re talking about. You don’t work in health care, do you?
We’re required to provide emergency, stabilizing care for acute injury or illness (and that’s only if the facility takes Medicare and Medicaid; if not, it isn’t required to do anything). We do not treat chronic conditions in the ER. You will not name even one person that you know who gets treatment for a chronic medical condition — say, lung cancer — from a private ER. You’ll be shipped off to the county hospital or to a charitable facility, where they may eventually get around to seeing you.
You people propagate this ignorant BS because it lets you maintain your ideological views, and allows you to defend against legitimate criticism of the health care system. Now, you can say, if you want, that you don’t give a rat’s ass whether the poor or uninsured, or the “spics,” go without healthcare. That’s fine. It’s a perfectly legitimate point of view. But you ought to own up to it, and not pretend that we offer decent health care to the uninsured. Anyone who knows what they’re talking about knows that’s not true.
Now, I readily admit that we aren’t going to treat everybody for everything. One way or the other, we are going to ration healthcare. We DO ration healthcare. It’s unavoidable. The only question is how.
paul006 on February 12, 2009 at 3:37 PM
Meet the FCCCERs. Heh.
FishFearMe on February 12, 2009 at 3:40 PM
I just wrote to Specter again to remind him how many PRIVATE health care jobs there are in Pennsylvania. It’s a HUGE part of the economy here in southeastern PA – a big reason why unemployment is still low around here. This dumbass isn’t even looking out for his own constituents.
rockmom on February 12, 2009 at 3:41 PM
You all know that any official Council like this FCCCR is subject to public meetings and records laws. At a minimum if this thing is enacted we will be able to watch who is appointed and what they are doing. Not much consolation, I know, but it’s something. They may have gotten this into the bill by stealth but if they really want to implement it they will have to do it by the light of day.
rockmom on February 12, 2009 at 3:43 PM
By the way, if you really believe, as apparently you do, that health insurance is essentially unnecessary — because you can get whatever care you want just by presenting yourself at the ER — try this: Drop your insurance. And then the next you get ill, march your ass off to the ER and post the follow-up report here.
paul006 on February 12, 2009 at 3:44 PM
Oh gee I’m so freaking thrilled.
250 Billion
350 Billion
350 Billion
785 Billion
And I will see 13.00 in my pocket each week.
Rick007 on February 12, 2009 at 3:46 PM
Sorry, but you’re missing the whole point. The government wants the data; they’re not doing this to to increase efficiency in terms of medical record keeping. They don’t care whether I can access the records from your primary car doctor if I need to see what medications he has you on.
It’s not about improving quality of care in that way. The government wants to know who’s being treated for what conditions and how and what the outcomes are. Then they can arbitrarily decide that certain treatments for certain conditions will not be paid for. And then we’re all screwed royally.
eyedoc on February 12, 2009 at 3:52 PM
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