“In light of all this evidence about the benefits of hospital competition, it might be surprising to learn that the new health reform law will decrease rather than increase competition between hospitals due to the encouragement of Accountable Care Organizations (ACOs). ACOs will not be implemented until 2012, but already hospitals are buying out physician practices to create what amount to, in many locations, geographic monopolies that will restrict patient choice and stifle innovation.”

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“If the United States is going to remain the global forerunner in medical innovation, serious change is needed. The federal government needs to support, rather than impede, development. But even as it seeks to do this, new taxes on the industry under Obamacare will not only slow medical innovation in the United States but force it—and the jobs it has created—overseas. This is hardly a recipe for ‘winning the future.'”

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“Mr. Obama’s new faith in federalism is trailed by his customary rhetorical asterisk. Any state that the Administration decided deserved a waiver would still need to cover the same number of uninsured, and its coverage would still need to include the same comprehensive benefits and be as “affordable” as the Administration says it should be. That is, it must be as heavily subsidized.”

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“As in lots of large, unwieldy industries-such as hospitals–innovation often happens outside large, incumbent operators. ObamaCare makes competition with entrenched market actors more difficult. It will discourage experimentation with new, entrepreneurial business models in medical care. As such, ObamaCare is shaping up to be an innovation killer-something the Congress may want to consider as it mulls further changes to the nation’s health care system.”

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“The crux of these cases is whether the government’s power to regulate ‘Commerce . . . among the several States’ is so broad that it can mandate that everyone buy health insurance. Judge Gladys Kessler of the D.C. district court says in her 64-page opinion that this power includes regulating even ‘mental activity, i.e., decision-making.'”

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“2011 has commenced and even though New Year’s cards may still remain prominently displayed on the kitchen table, a newly implemented provision of the health care overhaul law likely has some physicians and patients across the country yearning for the good old days of 2010. As of January 1, 2011, the Patient Protection and Affordable Care Act (PPACA) states patients with flexible savings accounts (FSAs) and health savings accounts (HSAs) can no longer use these tax-sheltered vehicles to purchase over-the-counter (OTC) medicines without a doctor’s prescription. This legislation will adversely impact physicians, patients, health care costs, and flies in the face of the enabling law that established these programs.”

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“The Wyden–Brown legislation is thus much less than meets the eye. In practice, it will not grant the states, especially conservative ones, the degree of flexibility that Wyden claims, nor will it defuse state resistance to major parts of the ACA.”

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“It’s significant that the president is finally acknowledging that ObamaCare is unworkable and will impose enormous burdens on the states. Or is he?
A closer look shows that the president is not lifting the burdensome requirements ObamaCare imposes on states. All he’s doing is proposing to move up, from 2017 to 2014, the date on which states can apply for federal permission to impose a different but equivalently or more coercive plan to expand health insurance coverage.”

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“At issue is a provision in the health-overhaul law enacted in 2010 that says states can’t limit Medicaid eligibility or else they’ll lose federal funding.
As a result, every one of the country’s 29 Republican governors has asked the federal government to waive the requirement, with New Jersey penciling a waiver into its budget. Some states with Democratic governors, including Washington, are also quietly pressing for the change.”

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“But of all the deceptive arguments and tactics ObamaCare’s apologists employed to jam their government takeover of health care through Congress, none was more egregious than the CLASS Act fraud.
CLASS — for Community Living Assistance Services and Supports Act — was one of the late Sen. Ted Kennedy’s pet projects. It was sold as a miraculous twofer: The new program would provide both a self-financing, voluntary, long-term-care insurance program for those needing continuous assistance with daily living, and it would reduce the deficit to boot! What’s not to like?”

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