Doctors Sue to Overturn the Health Care Bill
Monday, March 29, 2010 at 1:36PM by aaps The Association of American Physicians and Surgeons (AAPS) became the first medical society to sue to overturn the newly enacted health care bill, the Patient Protection and Affordable Care Act (PPACA). AAPS sued Friday in the U.S. District Court for the District of Columbia (AAPS v. Sebelius et al.).
“If the PPACA goes unchallenged, then it spells the end of freedom in medicine as we know it,” observed Jane Orient, M.D., the Executive Director of AAPS. “Courts should not allow this massive intrusion into the practice of medicine and the rights of patients.”
“There will be a dire shortage of physicians if the PPACA becomes effective and is not overturned by the courts.”
The PPACA requires most Americans to buy government-approved insurance starting in 2014, or face stiff penalties. Insurance company executives will be enriched by this requirement, but it violates the Fifth Amendment protection against the government forcing one person to pay cash to another. AAPS is the first to assert this important constitutional claim.
The PPACA also violates the Tenth Amendment, the Commerce Clause, and the provisions authorizing taxation. The Taxing and Spending power cannot be invoked, as the premiums go to private insurance companies. The traditional sovereignty of the States over the practice of medicine is destroyed by the PPACA.
AAPS notes that in scoring the proposal the Congressional Budget Office (CBO) was bound by assumptions imposed by Congress, including the ability to “save” $500 billion in Medicare, and to redirect $50 billion from Social Security. HHS Secretary Sebelius stated that PPACA would reduce the federal deficit, knowing the opposite to be true if these assumptions are unrealistic.
AAPS asks the Court to enjoin the government from promulgating or enforcing insurance mandates and require HHS Secretary Kathleen Sebelius and Social Security Commissioner Michael Astrue to provide the Court with an accounting of Medicare and Social Security solvency.
Congress recognized that PPACA cannot be funded without the insurance mandates, and will become unenforceable without them.
Court action is necessary “to preserve individual liberty” and “to prevent PPACA from bankrupting the United States generally and Medicare and Social Security specifically,” AAPS stated.
AAPS is a voice for patient and physician independence since 1943. The complaint along with additional information is posted at http://www.aapsonline.org/hhslawsuit.
Reader Comments (16)
American citizens who value individual liberty, sovereignty ,
free markets and personal choice without government intrusion have to get involved now.
This is a brilliant action on the part of doctors to sue the government for over reaching
their presumed authority. The government does not belong in health care. This is a
naked power grab.
The Individual mandate that twists legal language to force people tot buy goods and
services against their will under threat of fine and jail time is insane, not to mention
unconstitutional.
It is inspiring to see professional groups, groups of American citizens stand up and
create legal challenges to laws that threaten our freedom. This bill never should have passed. I can't wait unti the until the entire bill is repealed.
Take a good look at the face of Statism/Socialism/Totalitarism. (From a Member of the SF BAY 912 Project) This is a list of new Boards and Commissions created in the NEW OBAMA HEATH CARE BILL. This is where our Health Care Dollars will go instead of to Doctors and even Hospitals. Especially both provider groups lose out - BIG TIME!
1. Grant program for consumer assistance offices (Section 1002, p. 37)
2. Grant program for states to monitor premium increases (Section 1003, p. 42)
3. Committee to review administrative simplification standards (Section 1104, p. 71)
4. Demonstration program for state wellness programs (Section 1201, p. 93)
5. Grant program to establish state Exchanges (Section 1311(a), p. 130)
6. State American Health Benefit Exchanges (Section 1311(b), p. 131)
7. Exchange grants to establish consumer navigator programs (Section 1311(i), p. 150)
8. Grant program for state cooperatives (Section 1322, p. 169)
9. Advisory board for state cooperatives (Section 1322(b)(3), p. 173)10. Private purchasing council for state cooperatives (Section 1322(d), p. 177)
11. State basic health plan programs (Section 1331, p. 201)
12. State-based reinsurance program (Section 1341, p. 226)
13. Program of risk corridors for individual and small group markets (Section 1342, p. 233)
14. Program to determine eligibility for Exchange participation (Section 1411, p. 267)
15. Program for advance determination of tax credit eligibility (Section 1412, p. 288)
16. Grant program to implement health IT enrollment standards (Section 1561, p. 370)
17 Federal Coordinated Health Care Office for dual eligible beneficiaries (Section 2602, p. 512)
18. Medicaid quality measurement program (Section 2701, p. 518)
19. Medicaid health home program for people with chronic conditions, and grants for planning same (Section 2703, p. 524)
20 Medicaid demonstration project to evaluate bundled payments (Section 2704, p. 532)
21. Medicaid demonstration project for global payment system (Section 2705, p. 536)
22. Medicaid demonstration project for accountable care organizations (Section 2706, p. 538)
23. Medicaid demonstration project for emergency psychiatric care (Section 2707, p. 540)
24. Grant program for delivery of services to individuals with postpartum depression (Section 2952(b), p. 591)
25. State allotments for grants to promote personal responsibility education programs (Section 2953, p. 596)
26. Medicare value-based purchasing program (Section 3001(a), p. 613)
27. Medicare value-based purchasing demonstration program for critical access hospitals (Section 3001(b), p. 637)
28. Medicare value-based purchasing program for skilled nursing facilities (Section 3006(a), p. 666)
29. Medicare value-based purchasing program for home health agencies (Section 3006(b), p. 668)
30. Interagency Working Group on Hea lth Care Quality (Section 3012, p. 688)
31. Grant program to develop health care quality measures (Section 3013, p. 693)
32. Center for Medicare and Medicaid Innovation (Section 3021, p. 712)
33. Medicare shared savings program (Section 3022, p. 728)
34. Medicare pilot program on payment bundling (Section 3023, p. 739)
35. Independence at home medical practice demonstration program (Section 3024, p. 752)
36. Program for use of patient safety organizations to reduce hospital readmission rates (Section 3025(b), p. 775)
37. Community-based care transitions program (Section 3026, p. 776)
38. Demonstration project for payment of complex diagnostic laboratory tests (Section 3113, p. 800)
39. Medicare hospice concurrent care demonstration project (Section 3140, p. 850)
40. Independent Payment Advisory Board (Section 3403, p. 982)
41. Consumer Advisory Council for Independent Payment Advisory Board (Section 3 403, p. 1027)
42. Grant program for technical assistance to providers implementing health quality practices (Section 3501, p. 1043)
43. Grant program to establish interdisciplinary health teams (Section 3502, p. 1048)
44. Grant program to implement medication therapy management (Section 3503, p. 1055)
45. Grant program to support emergency care pilot programs (Section 3504, p. 1061)
46. Grant program to promote universal access to trauma services (Section 3505(b), p. 1081)
47. Grant program to develop and promote shared decision-making aids (Section 3506, p. 1088)
48. Grant program to support implementation of shared decision-making (Section 3506, p. 1091)
49. Grant program to integrate quality improvement in clinical education (Section 3508, p. 1095)
50. Health and Human Services Coordinating Committee on Women's Health (Section 3509(a), p. 1098)
51. Centers for Disease Control Office of Wom en's Health (Section 3509(b), p. 1102)
52. Agency for Healthcare Research and Quality Office of Women's Health (Section 3509(e), p. 1105)
53. Health Resources and Services Administration Office of Women's Health (Section 3509(f), p. 1106)
54. Food and Drug Administration Office of Women's Health (Section 3509(g), p. 1109)
55. National Prevention, Health Promotion, and Public Health Council (Section 4001, p. 1114)
56. Advisory Group on Prevention, Health Promotion, and Integrative and Public Health (Section 4001(f), p. 1117)
57. Prevention and Public Health Fund (Section 4002, p. 1121)
58. Community Preventive Services Task Force (Section 4003(b), p. 1126)
59. Grant program to support school-based health centers (Section 4101, p. 1135)
60. Grant program to promote research-based dental caries disease management (Section 4102, p. 1147)
61. Grant program for States to prevent chronic disease in Medica id beneficiaries (Section 4108, p. 1174)
62. Community transformation grants (Section 4201, p. 1182)
63. Grant program to provide public health interventions (Section 4202, p 1188)
64. Demonstration program of grants to improve child immunization rates (Section 4204(b), p. 1200)
65. Pilot program for risk-factor assessments provided through community health centers (Section 4206, p. 1215)
66. Grant program to increase epidemiology and laboratory capacity (Section 4304, p. 1233)
67. Interagency Pain Research Coordinating Committee (Section 4305, p. 1238)
68. National Health Care Workforce Commission (Section 5101, p. 1256)
69. Grant program to plan health care workforce development activities (Section 5102(c), p. 1275)
70. Grant program to implement health care workforce development activities (Section 5102(d), p. 1279)
71. Pediatric specialty loan repayment program (Section 5203, p. 1295)
72. Pu blic Health Workforce Loan Repayment Program (Section 5204, p. 1300)
73. Allied Health Loan Forgiveness Program (Section 5205, p. 1305)
74. Grant program to provide mid-career training for health professionals (Section 5206, p. 1307)
75. Grant program to fund nurse-managed health clinics (Section 5208, p. 1310)
76. Grant program to support primary care training programs (Section 5301, p. 1315)
77. Grant program to fund training for direct care workers (Section 5302, p. 1322)
78. Grant program to develop dental training programs (Section 5303, p. 1325)
79. Demonstration program to increase access to dental health care in underserved communities (Section 5304, p. 1331)
80. Grant program to promote geriatric education centers (Section 5305, p. 1334)
81. Grant program to promote health professionals entering geriatrics (Section 5305, p. 1339)
82. Grant program to promote training in mental and be havioral health (Section 5306, p. 1344)
83. Grant program to promote nurse retention programs (Section 5309, p. 1354)
84. Student loan forgiveness for nursing school faculty (Section 5311(b), p. 1360)
85. Grant program to promote positive health behaviors and outcomes (Section 5313, p. 1364)
86. Public Health Sciences Track for medical students (Section 5315, p. 1372)
87. Primary Care Extension Program to educate providers (Section 5405, p. 1404)
88. Grant program for demonstration projects to address health workforce shortage needs (Section 5507, p. 1442)
89. Grant program for demonstration projects to develop training programs for home health aides (Section 5507, p. 1447)
90 Grant program to establish new primary care residency programs (Section 5508(a), p. 1458)
91. Program of payments to teaching health centers that sponsor medical residency training (Section 5508(c), p. 1462)
92. G raduate nurse education demonstration program (Section 5509, p. 1472)
93. Grant program to establish demonstration projects for community- based mental health settings (Section 5604, p. 1486)
94. Commission on Key National Indicators (Section 5605, p. 1489)
95. Quality assurance and performance improvement program for skilled nursing facilities (Section 6102, p. 1554)
96. Special focus facility program for skilled nursing facilities (Section 6103(a)(3), p. 1561)
97. Special focus facility program for nursing facilities (Section 6103(b)(3), p. 1568)
98. National independent monitor pilot program for skilled nursing facilities and nursing facilities (Section 6112, p. 1589)
99. Demonstration projects for nursing facilities involved in the culture change movement (Section 6114, p. 1597)
100. Patient-Centered Outcomes Research Institute (Section 6301, p. 1619)
101. Standing methodology committee for Patient-Cent ered Outcomes Research Institute (Section 6301, p. 1629)
102. Board of Governors for Patient-Centered Outcomes Research Institute (Section 6301, p. 1638)
103. Patient-Centered Outcomes Research Trust Fund (Section 6301(e), p. 1656)
104. Elder Justice Coordinating Council (Section 6703, p. 1773)
105. Advisory Board on Elder Abuse, Neglect, and Exploitation (Section 6703, p. 1776)
106. Grant program to create elder abuse forensic centers (Section 6703, p. 1783)
107. Grant program to promote continuing education for long-term care staffers (Section 6703, p. 1787)
108. Grant program to improve management practices and training (Section 6703, p. 1788)
109. Grant program to subsidize costs of electronic health records (Section 6703, p. 1791)
110. Grant program to promote adult protective services (Section 6703, p. 1796)
111. Grant program to conduct elder abuse detection and prevention (Secti on 6703, p. 1798)
112. Grant program to support long-term care ombudsmen (Section 6703, p. 1800)
113. National Training Institute for long-term care surveyors (Section 6703, p. 1806)
114 Grant program to fund State surveys of long-term care residences (Section 6703, p. 1809)
115. CLASS Independence Fund (Section 8002, p. 1926)
116. CLASS Independence Fund Board of Trustees (Section 8002, p. 1927)
117. CLASS Independence Advisory Council (Section 8002, p. 1931)
118. Personal Care Attendants Workforce Advisory Panel (Section 8002(c), p. 1938)
119 Multi-state health plans offered by Office of Personnel Management (Section 10104(p), p. 2086)
120. Advisory board for multi-state health plans (Section 10104(p), p. 2094)
121. Pregnancy Assistance Fund (Section 10212, p. 2164)
122. Value-based purchasing program for ambulatory surgical centers (Section 10301, p. 2176)
123. Demonstration project for payment adjustments to home health services (Section 10315, p. 2200)
124. Pilot program for care of individuals in environmental emergency declaration areas (Section 10323, p. 2223)
125. Grant program to screen at-risk individuals for environmental health conditions (Section 10323(b), p. 2231)
126. Pilot programs to implement value-based purchasing (Section 10326, p. 2242)
127. Grant program to support community-based collaborative care networks (Section 10333, p. 2265)
128. Centers for Disease Control Office of Minority Health (Section 10334, p. 2272)
129. Health Resources and Services Administration Office of Minority Health (Section 10334, p. 2272)
130. Substance Abuse and Mental Health Services Administration Office of Minority Health (Section 10334, p. 2272)
131. Agency for Healthcare Research and Quality Office of Minority Health (Section 10334, p. 2272)
132. Food and Drug Administration Office of Minority Health (Section 10334, p. 2272)
133. Centers for Medicare and Medicaid Services Office of Minority Health (Section 10334, p. 2272)
134. Grant program to promote small business wellness programs (Section 10408, p 2285)
135. Cures Acceleration Network (Section 10409, p. 2289)
136. Cures Acceleration Network Review Board (Section 10409, p. 2291)
137. Grant program for Cures Acceleration Network (Section 10409, p. 2297)
138. Grant program to promote centers of excellence for depression (Section 10410, p. 2304)
139. Advisory committee for young women's breast health awareness education campaign (Section 10413, p. 2322)
140. Grant program to provide assistance to provide information to young women with breast cancer (Section 10413, p. 2326)
141. Interagency Access to Health Care in Alaska Task Force (Section 10501, p. 2329)
142. Grant program to train nurse practitioners as primary care p roviders (Section 10501(e), p. 2332)
143. Grant program for community-based diabetes prevention (Section 10501(g), p. 2337)
144. Grant program for providers who treat a high percentage of medically underserved populations (Section 10501(k), p. 2343)
145. Grant program to recruit students to practice in underserved communities (Section 10501(l), p. 2344)
146. Community Health Center Fund (Section 10503, p. 2355)
147. Demonstration project to provide access to health care for the uninsured at reduced fees (Section 10504, p. 2357)
148. Demonstration program to explore alternatives to tort litigation (Section 10607, p. 2369)
149. Indian Health demonstration program for chronic shortages of health professionals (S. 1790, Section 112, p. 24)*
150. Office of Indian Men's Health (S. 1790, Section 136, p. 71)*
151. Indian Country modular component facilities demonstration program (S. 1790, Section 146, p. 108)*
1 52. Indian mobile health stations demonstration program (S. 1790, Section 147, p. 111)*
153. Office of Direct Service Tribes (S. 1790, Section 172, p. 151)*
154. Indian Health Service mental health technician training program (S. 1790, Section 181, p. 173)*
155. Indian Health Service program for treatment of child sexual abuse victims (S. 1790, Section 181, p. 192)*
156. Indian Health Service program for treatment of domestic violence and sexual abuse (S. 1790, Section 181, p. 194)*
157. Indian youth telemental health demonstration project (S. 1790, Section 181, p. 204)*
158. Indian youth life skills demonstration project (S. 1790, Section 181, p. 220)*
159. Indian Health Service Director of HIV/AIDS Prevention and Treatment (S. 1790, Section 199B, p. 258)*
*Section 10221, page 2173 of H.R. 3590 deems that S. 1790 shall be deemed as passed with certain amendments.
I could not say it any plainer than you have. I am an 82 year old American, not African American or Italian,Irish or any other. Just a plain God Fearing American who loves and served his country during WW11 in the Navy and Korean war in the Army. I detest the politician's who fail to realize that they were elected to SERVE THE PEOPLE, not the other way. The people of this great Country made themselves very clear about this abortion of a health bill. My wife and I have been married for over fifty years, raised four children. We never asked the Govt for health insurance, even though they brought in medicare,etc. The companies we worked for provided insurance for us (at a cost) and when we lost that, we bought our own. We gave up the Cigs, booze, dances etc., and focused on our family. I resent strongly the Govt interferring in my PRIVATE LIFE..Thanks for allowing me to blow off some steam. Jack A Hancock
Physicians should no more be subjected to government mandates to participate in payment schemes for their services than plumbers should or auto mechanics should be for providing services to their customers. They should be left alone to set their prices as they see fit.
At the point in time in history when payment for health care services became an opportunity for reducing the tax on businesses via employers risk pooling their employees and covering the cost of their health care expenses via a group plan, physicians sadly lost the control that they must have to be sure that their patients' needs are optimally met.
Since that time, the entire physician patient relationship has been bastardized and manipulated so that physician control has been last. What is to stop the government from mandating the markets for other service professionals in providing their vital services to the people of the United States? Hopefully, the courts will recongize the complete insanity to this scheme. Previous cases such as the U.S. Supreme Court's 2005 ruling in a California home grown marijuana issue showed that it thinks the Constitution gave Congress nearly unlimited power to regulate the marketplace as part of its authority "to regulate commerce". http://caselaw.lp.findlaw.com/scripts/getcase.pl?court=us&vol=000&invol=03-1454
Hopefully, this Supreme Court will nonetheless give this new Congressional desire to control the free market a look from some other perspective and challenge its appropriateness. The sheer magnitude and precedence it would set compels the Supreme Court to apply its best Constitutional litmus test to be sure it does not trample the people's rights as envisioned by the founders.
As an uninsured American I am in no way about to take up for our insurance companies and have said for quite a few years that our medical system from top to bottom needs fixing and starting with tort reform. Having said that, I despise this hostile takeover of our health care system by our new govt. They have managed to bankrupt every program they have ever started and are in no way responsible enough to handle something of this magnitude ( not to mention it's unconstitutionality). It's pure communism and just another tax to nowhere, just like medicaire, medicaid and social security. Sounds great but it will only amount to more access to our money to waste on hog-wash. It's pure madness and It needs to be stopped. Not just for the sake of our health system but for society as a whole and mostly for libertys sake.
These cancerous progressives are going to ram all their agenda down Americas' throat.
I pray these physicians are successful. We must get this non health care reform repealed. It's deadly to America.
Nothing in any legislation proposed by the White House is about the actual legislation; it IS about the naked usurpation of power by the Executive Branch, with Barack Obama leading the charge to his vision of a Progressive-Socialist Utopia. If the Congress or the Supreme Court will not stop this march to Fascism, it is time for "We the People" to rise up in our righteous anger and divine providence and mimic our Founding Fathers in 1776. If health care is a "right", well so is Revolution. The blood will be on the hands of the corrupt hypocritical politicians. To borrow the Motto of the State of Virginia >> SIC SEMPER TYRANNIS !!
@ Robert E Lehman
I'm curious... why don't you have health insurance? I am wondering about the accuracy of some of the figures I'm hearing regarding uninsured Americans.
oops, read it wrong, that question was for Rock Drewry
I've been a CA lawyer since 1977. I won’t bore you with unnecessary details of my background other than to note that Constitutional Law was my favorite subject in law school and remains so to this day.
Since then, I’ve put that knowledge to practical use as a criminal defense attorney, criminal prosecutor and civil rights lawyer. I believe the AAPS lawsuit is pointed in the right direction, as I see you have cited the Commerce Clause, 5th Amendment and 10 Amendment in support thereof.
But, I also believe you are missing a MAJOR point that needs to be addressed: privacy rights. Obamacare violates the privacy rights of every patient in America. HIPPA, passed several years ago, created an inviolable screen around patients, protecting their privacy and their physician-patient communications.
As a practical matter, what is the point of Congress spending our tax dollars to pass HIPPA, only to violate it, ex post facto, with Obamacare? I concede this is not the true and correct name of the recently passed legislation.
But, I refuse to properly label it because I will not dignify a patently unconstitutional law that also threatens this country financially. I must also pose this question: by violating our constitutional rights, do not participating members of Congress and the President also forfeit their governmental immunity akin to a peace officer who acts outside the course and scope of their established authority?
Obamacare will allow faceless bureaucrats somewhere in Washington, DC the ability to violate HIPPA rights with impunity. Any lawyer, including our current President and relevant members of Congress, knows or should know about the constitutionally protected right of privacy.
It has been established federal appellate case law for decades that the Bill of Rights, in and of itself, creates a penumbra of privacy rights for all Americans. Therefore, I suppose the question is whether AAPS lawyers can add this additional violation to your lawsuit.
Alternatively, is this an issue that should be addressed by a class action suit, filed on behalf of more than 300,000,000 affected Americans?
Martin C. Brhel, Jr.
Per the list of new Boards and Commissions above, I am astonished by the levels of new bureaucracy taking $$$ from medical care. This is not a "health reform" bill, it is a government jobs creation bill.
Another unbounded expenditure is going to be in electronic medical records, with uncertain benefits and perhaps worse, unknown risks.
See "Can Hospital Systems – And Countries - Afford Healthcare IT in a Time of Economic Uncertainty?"
Mr. Brhel,
I enjoyed your post. Based on your background in studying and practicing Constitutional law, are there any corollaries in some of the current constitutional concerns with Obama Care and the 1935 U.S. Supreme Court case Schecter Poultry Co. v. U.S.?
http://caselaw.lp.findlaw.com/scripts/getcase.pl?court=US&vol=295&invol=495
There are many U.S. Citizens who hold religious beliefs against accepting the prevailing style of health care (Jehovah's Witness, Amish, others). I can imagine it would be a rather messy affair for the feds to have to validate all people's claim that their religious beliefs are grounds for their refusal to purchase health care. Is it constitutional for the govt. to impose a penalty based on a person adhering to his/her tenets of faith?
If you have the time, I would greatly appreciate your opinion regarding this type of legal objection to Obamacare.
Thanks,
Robert E. Lehman
I am curious about the 5th amendment. I understand the part about self-incrimination and double jeopardy. Where does it say anything about the government not being able to force one person to pay cash to another?
I commend your organization on this courageous and moral endeavor.
Health care is NOT a right!
I support all men's individual rights, and that includes a doctor's right to practice medicine and pursue that career free of the coercion of government and of other individuals who seek to enslave doctors to provide them unearned services. I support a completely free market in medicine and all other professions. The government's only role in our lives should be to protect our natural rights - the rights to life, liberty and the PURSUIT of happiness. It is not the responsibility of government to force one individual to provide happiness for another. The only way the government can do this is through force against one individual in the name of another. This is morally wrong.
Please DO NOT give up this fight for that will mean you have given up your life. Doctors, this must be fought on a MORAL principle. That principle is that you, the doctors, are entitled to your own life and the right to pursue your happiness free of government coercion. The article in the link below excellently defends that principle. I strongly encourage you to read the article and browse through the rest of the website. The people writing and managing this site are working tirelessly to defend physicians’ rights. Please join them in this highest of moral goals.
http://www.westandfirm.org/Peikoff-01.html “Health Care Is Not a Right” by Leonard Peikoff
Our "Dear President" even has his private army aka the "Commission Corps and the Ready Reserve Corps" contained in the ObamaCare Bill. The provisions begin on page 1312 of the passed bill. Is this to enforce compliance with the bill or ?
Maybe this is the "civilian national security force" Obama promised in his campaign that "would be just as well-funded" as the Armed Forces.