Category Archives: Health Care

We’re going to tax you…all in the name of ObamaCare

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Today’s Wall Street Journal featured the dissent of the Supreme Court justices on ObamaCare.

I feel that you should read this before I go into a rant against Chief Justice John Roberts and his other bench mates, who decided to keep the mandate as a tax. Personally, we experienced an attack on our constitutional liberties yesterday, and this decision will go down in history as one of the worst examples of judicial overreach our nation has ever seen. Basically, this sets the precedent for the power to tax over everything. Who knows? Obama may hate red headed females and decide to tax them because of their natural (or not-so-natural) tresses. If this happens, I’m doomed.

I’ll have more on the health care case later.

Good News: Chocolate is good for you and…

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the world turns. Seriously, I was not surprised by the results of a study found in the Archives of Internal Medicine that pointed to the correlation between consuming chocolate and a lower body mass index. Chocolate has proven antioxidants that have been known to reduce heart disease, as well as lowering blood pressure.

The study points out:

Body mass index (BMI) is part of the metabolic syndrome (MetS) picture, and other MetS elements relate favorably to moderate chocolate consumption. Therefore, we hypothesized that the benefits of modest frequent chocolate intake might extend to reduced fat deposition, potentially offsetting the added calories. To evaluate this, we examined the cross-sectional relationship of chocolate consumption frequency to BMI.

This study also focused on those from 20-85 years old, who participated in some form of aerobic activity at least three times a week.

Of course, this study does not point out is the need for moderation and making healthy choices. When one thinks about chocolate, it is usually the first instinct to grab a Hershey’s bar, a Twix bar, or some other milk chocolate delicacy. However, these are loaded with plenty of empty calories and ingredients that do not offer the benefits of dark chocolate. Dark chocolate is the best option, as it is loaded with plenty antioxidants and when consumed in smaller quantities offers more health benefits. Along with exercise, chocolate can be healthy.

Susan G. Komen Foundation Pulls Grant from Planned Parenthood

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In business, there are times when you need to look over a budget carefully and decide whether or not you can give grants to certain organizations. Sometimes, it is feasible and other times, it is not quite possible to make grants to other organizations.

Yesterday, news broke that Susan G. Komen Foundation was not giving grants to Planned Parenthood. It was a move to strengthen their granting process and free up money for services to help women, who might not have access to care. According to a statement from Susan G. Komen Foundation’s Founder and CEO Ambassador Nancy Brinker, the decision to stop funding Planned Parenthood was based in part to a strategy that was meant to safeguard donor dollars, and it was not based on politics.

Since the decision was made, there has been backlash from many who support Planned Parenthood and feel the decision was made for political reasons. Planned Parenthood has been under scrutiny and investigation for their organization’s practices, involving abortions. Supporters of Planned Parenthood have been attacking Susan G. Komen on their Facebook page and on social media outlets, such as Twitter. There has been a surge in donations to Planned Parenthood in response to the decision.

The Susan G. Komen Foundation made the best decision for the future of their organization. If anything, perhaps they realize that the Congressional investigation into Planned Parenthood’s practices might harm their reputation. It is also pretty bad, considering that an undercover investigation discovered that a majority of their clinics do not offer mammograms. A Susan G. Komen Foundation donor (and potential donors) might want to know how Planned Parenthood used the money. There is no doubt that this had to be a factor in the decision to eliminate the grants.

Cross posted at Bearing Drift

Medco/Express Scripts Merger Under Further Scrutiny

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The Medco/Express Scripts merger is not just under scrutiny by some members in Congress, but Attorneys General in 29 states, including Virginia. Recently, Financial Times reports that the proposed merger has caught the attention, due to antitrust issues, as second tier pharmacy benefits managers are starting to compete with Medco and Express Scripts.

According to a spokesperson from Virginia Attorney General Ken Cuccinelli’s office, Cuccinelli is looking into this issue, due to the fact that this merger could take away from competition in Virginia.

Since the Express Scripts-Medo Health Solutions merger could impact Virginia consumers, we are taking our role seriously to investigate whether this merger will create any anticompetitive consequences in the prescription drug market here. We have not made a determination yet of whether we feel the merger will be anticompetitive, competitively neutral, or even precompetitive. We are not opposed to the merger, but we do feel that we have a responsibility to investigate this matter thoroughly.

There are many questions and issues involving the merger, and while it is customary for Attorneys General in many states to review such mergers, this merger is particularly concerning due to the fact that Medco/Express Scripts will take away from the competition. When competition is non-existent, it is only a given that pharmaceutical prices will continue to climb. This is not something that many Virginians can afford, during these troubled economic times.

Protect Community Pharmacies Receive Additional Support Against Express Scripts/Medco Merger

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On Capitol Hill Tuesday, the Preserve Community Pharmacies Access NOW! (PCPAN) coalition and other local groups joined with Reps. Joe Courtney (D-Ct.) and Thomas Marino (R-Pa.) to voice their opposition to the merger of Express Scripts, Inc. and Medco Health Solutions, Inc., two of the nation’s largest pharmacy benefits management companies. There is a push to urge Congress and the Federal Trade Commission to oppose the merger.

This merger could go into effect, if approved, in early 2012. Several elected officials, attorney generals of dozens of states, pharmacy service providers, consumer advocates, and patient advocacy groups have questioned the merger.

During their visit, the coalition expressed concerns that the merger would mean that the new mega-PBM would control the supply line of brand-name and generic drugs, as well as hurting health care quality and limiting access to community pharmacies driving prices through the roof.

Kelly Williams, past president of the Virginia Dental Hygienists’ Association said, “The merger would make it difficult for smaller community pharmacies to keep their doors open, resulting in reduced competition, and reduced competition means cost increases for the public.”

Joining Williams to express concern about the pending merger was William Towler, who owns Grove Avenue Pharmacy in Richmond. If this merger goes through, there would be a detrimental impact on Towler’s business and other small community pharmacies across the Commonwealth of Virginia.

Protect our Community Pharmacies

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Business mergers are not uncommon in today’s society.  Sometimes they are for the best, and other times they negatively impact consumers and businesses.   A proposed merger is likely to devastate community pharmacies and those who benefit from their services.   Recently, two pharmacy benefit companies, Express Scripts, Inc. and Medco Health Solutions, Inc., announced that they will be merging in July, with a final transaction closing in the first half of 2012.  This would create a company that would have excessive market power that would have the ability to squeeze the already burdened health care system for its own profits at the expense of patient choice.

Additionally, this merger would leave fewer choices for employers seeking cost savings for their health care plans.  It would also mean fewer choices for those who rely on local pharmacies to fill their prescriptions, as they would have to travel further to fill their prescriptions or be denied the opportunity to have face-to-face access with their pharmacists.  Patient choice would be severely limited under this merger, as those who relied on going to a community pharmacy to fill their prescriptions would be forced to have them filled by Express Scripts/Medco.

The Express Scripts/Medco merger will also have a significant impact on those receiving Medicare Part D benefits, as this would limit competition between pharmacies and the mail order company.  This would increase pharmaceutical prices, which would drive up the costs for those receive state aid.

Why should consumers have to pay for an increase in bad service?  Express Scripts is a mail order company, and it does not value the relationship between consumers and pharmacists.   Congress and the Federal Trade Commission should stop this merger that will be unfair to local pharmacies and health care providers.  This merger will further dilute the quality of patient care, while restricting their access to receiving medicines from the pharmacy of their choice.  You can learn more about this and sign a petition against this merger by clicking here.

Trump and Huckabee Out…Who's Next?

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Good news! Former Arkansas Governor Mike Huckabee is out of consideration for the Republican nomination in 2012. Now, Donald Trump has decided not to run either.

Trump said:

“This decision does not come easily or without regret; especially when my potential candidacy continues to be validated by ranking at the top of the Republican contenders in polls across the country,” Trump said. “I maintain the strong conviction that if I were to run, I would be able to win the primary and ultimately, the general election. I have spent the past several months unofficially campaigning and recognize that running for public office cannot be done half heartedly. Ultimately, however, business is my greatest passion and I am not ready to leave the private sector.”

Well, the only thing that would make this news sweeter is Newt Gingrich withdrawing from the race. In my eyes, Gingrich completely ruined himself after blasting Rep. Paul Ryan’s (R-Wisc.) Medicare plan as being “right-wing social engineering.” In the Wall Street Journal article, Gingrich mentioned that many in the Republican party are not comfortable by mandating health insurance and that it should be up to the state to mandate such coverage. There are also other decisions that could damage Gingrich in his bid towards the nomination.

I’ll let this voter echo my sentiment.

While I am glad that Trump and Huckabee are out of the running, I will be even more excited when Gingrich leaves the race and we get a strong principled candidate running in 2012.

Statement on Ken Cuccinelli regarding Virginia's Challenge to ObamaCare

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The U.S. Court of Appeals for the Fourth Circuit heard Virginia’s challenge to the federal health care act today in Richmond. The three-judge panel, which was randomly selected, included two Obama appointees, James A. Wynn, Jr. and Andre M. Davis, and one Clinton appointee, Diana Gribbon Motz, could decide the fate of this appeal. Whether the appeal is sustained or overturned, this case will likely be headed to the U.S. Supreme Court. The audio from today’s hearings can be heard here.

Attorney General Ken Cuccinelli made the following statement regarding today’s hearing:

Today we took Step Two in a three-step process. As Judge Motz noted, the legal questions raised today are questions that will be answered in another court in another time.

I am going to give you an overview of the case as a whole, then I will get to the specifics of today.

Virginia has argued that the mandate that every person must buy government-approved health insurance violates the Constitution. Using the Constitution’s Commerce Clause to force people to buy a product goes beyond Congress’s power. This is why I have said all along that this is about liberty, not health care.

The insurance mandate penalizes people for not engaging in commerce. In other words, you can get fined for doing nothing.

Virginia has also argued that the penalty the government wants to charge if you do not buy health insurance is not a tax. The government cannot start calling the penalty a tax to try to make it legal under Congress’s taxing authority. Congress and the president passed it as a penalty, not a tax; it works as a penalty, not as a tax.

The federal government argued in court today that it should have unlimited authority in your lives, including the authority to regulate – i.e. dictate – your decisions, not merely your actions. The questions from the panel today indicated the judges struggled with this unprecedented exercise of authority.

If we cross this constitutional line with health care now – where the government can force us to buy a private product and say it is for our own good – then we will have given the government the power to force us to buy other private products, such as cars, gym memberships, or even asparagus. The government’s power to intrude on our lives for our own good will be virtually unlimited.

Virginia is fighting for the system of limited government created by our Founding Fathers. The Constitution’s limitations on federal power mean something. Even the president and the Congress must act within the rules set forth in the Constitution. That separates the American experience from many other countries, and it is a principle worth fighting for. As attorney general of Virginia, I took an oath to protect the Constitution, and I’m keeping that oath.

You heard about standing today. The federal government thinks it can tell the states to disregard their own laws – like it is doing with Arizona, but then also says the states do not have the same right to challenge federal laws in court. That is not how our system of government is set up. The founders set it up so the states were a check on potentially overreaching federal authority.

Virginia has a law – passed on a strong bipartisan basis – to protect Virginians from an individual insurance mandate. We are in the Fourth Circuit today because the U.S. Supreme Court has said that every state may defend its code of laws. In addition to protecting the U.S. Constitution, today we are also fighting to protect Virginia’s Health Care Freedom Act.

I have said all along that this lawsuit is not about health care. It is about liberty. At the same time, I understand that people want more affordable health care, and I sympathize with people who honestly cannot afford it. As a state senator, that was a problem I tried to address by trying to pass a law to allow our citizens to buy better or cheaper plans in other states.

But as someone who has sworn to uphold the law, I cannot endorse taking away the rights of all so that government can provide health care to some.

Yes, parts of our health care system need to be fixed. Yes, expenses are out of control. Yes, not everyone’s needs are being met. But there are better solutions than giving up our freedom.

With this ongoing court battle, there is a great deal of uncertainty for states, individuals, and businesses as to whether this law will be around two years from now or not. We need this resolved as quickly as possible – for the good of our people and our economy. We want to know where Virginia and the nation stand as soon as possible and before billions are spent complying with a law that we clearly think is unconstitutional.

We hope to hear from the Fourth Circuit sometime this summer. Then, we hope to move on to the Supreme Court.

Kudos to Attorney General Cuccinelli for standing up for our constitutional liberties. The federal health care act is unconstitutional, as people should be allowed the right to choose whether or not they want or need health care coverage. This law also places immense strain on small business owners, who are often fledgling to make payroll, etc.

Victory for Prince William Health System

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Back in April and June, I reported that Prince William Hospital System was planning to build a hospital in Haymarket and that plans were halted due to some issues being posed by the Commonwealth of Virginia.

Good news abounds! In December, the Commonwealth of Virginia has approved Prince William Health System’s proposal of building a hospital in Haymarket. The site of this new hospital will be at the intersection of Route 15 and I-66, and it bring close to 400 new jobs to Prince William County. The hospital is scheduled to open in 2015.

Judge Rules Parts of ObamaCare Unconstitutional

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This is a major victory for Attorney General Ken Cuccinelli and Virginia. U.S. District Judge Henry Hudson ruled in favor of Virginia’s challenge to the federal health care law by striking down the individual mandate that requires nearly every American to purchase health insurance or face a steep penalty.

According to the Richmond Times-Dispatch, Hudson denied the petition to stop the law from being implemented in the state.

Cuccinelli, in a note to supporters said: “This won’t be the final round, as this will ultimately be decided by the Supreme Court, but today is a critical milestone in the protection of the Constitution.”

The decision also sparked responses from George Allen, who is considering a run for U.S. Senate against Jim Webb in 2012 and RPV Chairman Pat Mullins.

Allen said:

“This case is a reminder that Sen. Jim Webb ignored the views and values of the people of Virginia with his many votes, including the one for Senate passage last Christmas eve, for this unfair, harmful, unconstitutional federal government takeover of health care and its odious mandates.

“This decision is a victory for the rights and prerogatives of Virginians and potentially people throughout our United States.

“I heartily commend Judge Hudson for his sound, Constitutionally-based decision and also thank Virginia Attorney General Cuccinelli for defending liberty against federal usurpation and dictates.”

Mullins said:

“Today’s ruling is not just a victory for the Commonwealth of Virginia, but for our entire country. Attorney General Cuccinelli and his team recognized early that the legislation that came to be known as ObamaCare was more than just an ill-advised government take-over of the entire health care system – it was an assault on the very idea of limited government.

If Congress can require Americans to purchase health insurance, there are truly no limits to what government can do. The entire concept of enumerated powers – one of the pillars of Federalism – would be fatally undercut.

Voters understood from the very beginning that this legislation was fatally flawed. But Democrats in Congress, including our own Democrat Sens. Jim Webb and Mark Warner not only failed to listen to the voters, but also failed in their most fundamental responsibility: to protect the Constitution.

While there are still multiple hearings left before the U.S. Supreme Court issues a final ruling on this case, Monday’s decision is a clear indication that Virginia’s case is strong and will eventually prevail.”

Cross posted at
Bearing Drift