“It’s hard to know if Democrats are serious about pursuing this course. If so, they are heading down a perilous political path. Here’s why: the more the public learns about the Patient Protection and Affordable Care Act, the more they dislike it — and they dislike it plenty right now. In addition, the thinking that continues to animate many Democrats — namely, that the only reason Obama’s health-care overhaul isn’t wildly popular is because of a “communications problem” by the White House and congressional Democrats — is wholly in error.”

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“Physician hospital organizations are firing back at President Obama’s health care law in the press and the courts, seeking a repeal of what they argue are “exclusionary and unconstitutional” restrictions. Section 6001 of the health care law effectively bans new physician-owned hospitals (POHs) from starting up, and it keeps existing ones from expanding. It has already halted the development of 24 new physician-owned hospitals and forced an additional 47 to struggle to meet the deadline to complete construction, according to the Physician Hospitals of America (PHA).”

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“There are a great many things wrong with Obamacare, but the biggest is perhaps one that neither party is paying any attention to: It is one huge entrapment scheme that will turn patients and providers into criminals. The most blatant example of this is in the ‘doc fix’ that Congress passed with major bipartisan support earlier this month, saving doctors from a nearly 23 percent cut in Medicare reimbursement that they would have otherwise faced this year. Congress has been passing this fix every year since 1997, but this time, in an effort to offset its $20 billion price tag, it has included a little twist to squeeze working families called ‘exchange recapture subsidy.’ Under this provision, the government will go after low-wage families to return any excess subsidies they get under the Patient Protection and Affordable Care Act.”

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“The judge, however, agreed with Virginia’s attorney general that the necessary-and-proper clause could not prop up an otherwise unconstitutional provision. Virginia argued, and the judge agreed, that the insurance requirement, by regulating inactivity rather than activity, exceeds the limits of the commerce clause.”

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“One of the few programs already active in Obamacare is the Pre-Existing Condition Insurance Program, a temporary measure that provides money for states to establish high-risk health insurance pools for people with pre-existing conditions. Unfortunately, the program’s results so far leave much to be desired.”

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“The regulatory state isn’t anything new, but the Obama administration is broadening and deepening it as a matter of philosophy and exigency. The administration has progressivism’s taste for rule by self-appointed experts, and now it has little choice but to work around a Republican-held House of Representatives to pursue its goals.”

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Increase the tax on distributions from a health savings account or an Archer MSA that are not used for qualified medical expenses to 20% of the disbursed amount.

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Exclude the costs for over-the-counter drugs not prescribed by a doctor from being reimbursed through an HRA or health FSA and from being reimbursed on a tax-free basis through an HSA or Archer Medical Savings Account.

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Impose new annual fees on the pharmaceutical manufacturing sector.

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Establish Teaching Health Centers to provide payments for primary care residency programs in community-based ambulatory care providers.

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