ACA: The Shredding of Healthcare and United States’ Constitution

January 16, 2014

The Patient Protection and Affordable Care Act (PPACA), a.k.a., Obamacare, has been forced upon the United States’ citizens, patients, physicians, and surgeons. This universal healthcare law shreds the very fibers that are the foundation to the United States’ freedoms. Its origin is unlawful according to the United States’ Constitution.  A full repeal of the ACA is required to stop the government’s abuse, and corporate insurers’ infiltration into the private patient-physician relationship, and into the lives of the American people.

I certainly appreciate the concerns and interests of the people to gather more information regarding the impact of the Patient Protection and Affordable Care Act (PPACA), on the United States’ citizens, patients, and specifically its impact on the osteopathic physicians and surgeons. The ACA also adversely affects allopathic physicians and surgeons as well.

I have consulted with many of my colleagues to better my response to the numerous complex questions that have developed due to the formation of the ACA, and to give an accurate representation of the adversities to the medical profession as a direct result of the government’s infiltration into the private patient-physician relationship.

Osteopathic Medicine is so dear to my heart. It hurts me so badly to see how dysfunctional medicine has become, and I believe that this is due to the hands of the federal government, and their lack of concern for the health and safety of our citizens. The government places their need for control and greed, over the American citizens’ health and safety.

I am a board certified osteopathic family physician, and I am in solo, private practice as an independent physician. I have worked as a federal physician that rendered medical care for our military and veterans, as a state physician for the Department of Corrections, and as a hospital employee under the departments of family medicine and emergency medicine. I can say with certainty, that the only way to practice medicine and ensure that the patient-physician relationship is private, and preserved, is through the private practice of insurance-independent medicine, free from insurance control,  under the practice of the free market of trade.

On March 23rd, 2010, President Obama and the Democratic majority in the Senate forced into law the PPACA, but because of how it originated, it is considered a violation of the United States’ Constitution.  The Origination Clause (Article 1, section 7, Clause 1) of the United States’ Constitution reads as “All Bills for raising Revenue shall originate in the House of Representatives.” This healthcare law is classified as a tax, and it generates revenue, therefore, all tax and revenue generating bills are to originate in the House of Representatives, but the PPACA did not. Rather, it was initiated through, in the Senate, not the House. It was illegally pushed through, and mandated, unconstitutionally, without the proper consideration from the United States House of Representatives. Further information can be obtained by review of the lawsuit which was recently filed, Dr. Steven Hotze, MD -vs- Kathleen Sebelius, Secretary of Health and Human Services, and Jacob Kew, Secretary of the Treasury.

The ACA must be repealed simply on the facts of the unconstitutionally of its origin. The ACA is a violation of the Sherman Anti-Trust Act of 1890, (15 U.S.C.A. SS 1 et seq.) These laws originated to protect the public from large corporate monopolies in the United States of America. The ACA has caused the restraint of free trade for the independent doctors and surgeons to practice their trade of medicine independently from insurance corporates’ control and monopoly over medicine. Two agencies, Federal Trade Commission (FTC), and the Anti-Trust division of the United States Department of Justice are responsible for criminal issuance of cease and desist orders against violators. We the People are responsible to up hold the law civically.

The issues that face Americans’ healthcare did not just suddenly arise. The noble profession of medicine has been slowly chipped away, piece by piece, over the last twenty so years or more, directly by the federal system. Today, medicine is so severely disabled that I find it so hard to see any significant chance for the rescue of medicine from this flawed federal system that has infiltrated America’s civilian healthcare, without a total repeal of the ACA.

Local governments, national, and state medical agencies, have just surrendered to the federal force rather than taking stand with the leaders in medicine, the physicians and surgeons. The doctors’ and surgeons’ very own organizations have turned their backs on the individuals that are responsible for the health and safety of our citizens, which is very wrong, especially because we doctors and surgeons have given up a great part of our lives to fulfill the necessary training required to reach diplomatic status in medicine to provide humanitarian healthcare to our citizens.

Now, all of those years spent educating, and all of those medical school loans, and monies spent on educational requirements, really do not seem to matter any longer. The doctors and surgeons are being replaced by less educated, and less qualified providers that are permitted to write prescriptions, do procedures, essentially practice medicine without a medical school education, and get governmental loan forgiveness offered to them in return.

The frightening thing about all of this is when individuals are not educated enough, they really do not realize what all they do not know. I am certain that my point is evident, and I really question the government’s motive, knowing this, as to what type of healthcare the government is really after for the American citizens, after all, they removed the best, the gold standard, from America’s healthcare, the doctors and surgeons. It is very obvious that preserving the citizens’ health, and lives are not the objective of our current administration.

The ACA allows such individuals to have major roles in medicine because the government mandated ACA encourages insurers enforce the use of non-intellectual logarithmic flow charts to bypass the experts in the medical field; doctors and surgeons. These ACA federal decisions have caused numerous doctors and physicians to be removed from their full time positions, removed from their abilities to practice medicine within hospitals, and be replaced with less qualified providers. The physicians and doctors have been forced to submit to continuous medical education training standards with enormous cost expenditures and excesses time involvement that takes from the direct patient-physician relationship and has no proven efficacy for enhanced benefits towards the patients’ healthcare. The physicians and surgeons are forced down an unnecessary pathway that leads only towards the corporates’ increased wealth and further monopoly over the physicians and surgeons.

Failure of the physicians and surgeons to comply with these recently mandated standards results in loss of licenses to practice in the fields of medicine and surgery. The corporate mandates have forced doctors and surgeons to unethical mandates in medicine. Emergency Medicine physicians that work the emergency departments are required to oversee, or sign off for the providers even though the hospital corporations do not have the doctors and surgeons directly involved with the care of the patients. The corporations still place the ultimate blame onto the doctors and surgeons, in the event of errors, that do not originate by their hands.

Corporate insurers have adversely infiltrated medicine for the sole purpose of controlling  physicians and surgeons, and severely limiting their ability to shape the Standard of Care in medicine. In America, the Standard of Care is developed by Corporates, not physicians and surgeons, who are the experts in the field of medicine.  As the dangerous, corporatization of healthcare continues down its destructive path it will destroy any chance of the physicians and surgeons to practice medicine in the free market system, free from insurance control.

The corporate insurers are so threatened by the fact that currently, we physicians and surgeons can practice medicine in a free market in United States of America, free from insurance controlled monopolies, as independent physicians and surgeons that are  insurance-independent, that they continue to force into law mandates to take total control over the profession of medicine. These corporate insurers have infiltrated and influenced the federal government to mandate the PPACA into law in an attempt to Corporatize we physicians and surgeons. These dangerous corporate insurers have forced their total monopoly over medicine and have redefined the Standard of Care.  Obviously, the patients are not their primary concern. Their focus is on control of their assets and wealth, at the stake of human lives. The corporatization of medicine has been happening for years, and now the ACA has given the corporate insurers the ultimate ruling over the patient-physician relationship and has diminished the physicians’ and surgeons’ authority in their trade of medicine.

The ACA mandates require doctors and surgeons to learn medicine from a totally different perspective, under the corporate insurers’ control. It forces corporate driven technology onto the doctors, and surgeons, even though there are no proven benefits of patients’ health enhancements.  Elderly doctors, and surgeons, are forced to practice in an unfamiliar setting and way, which results in increased risks, not benefits to patients. Doctors, and surgeons, that graduated before the year of nineteen hundred and ninety five are exempt from recertification board examinations, while those doctors, and surgeons, that are after that date must continually subject themselves to re-examinations pressures, stressors, and financial hardships in order to keep board certification status, which has not been proven to enhance patient-physician healthcare outcomes. These numerous changes have been forced upon the physicians, and surgeons, without any scientifically documented proof that such testing improves outcomes for patients or enhances the doctors’ and surgeons’ current level of knowledge necessary to practice medicine or surgery.  It selectively discriminates against those doctors and surgeons that have sought and received their degrees, and have met all required examinations for licenses and diplomatic status. There is absolutely no scientific merit to justify the profound changes that are coerced upon the physicians and surgeons. It is truly a corporate driven monopoly that has no other motive in medicine other than greed, destruction, and restriction, of the doctors’ and surgeons’ ability to practice their trade of medicine freely, without fear, force, or coercion. It has absolutely nothing to do with enhanced healthcare for patients.

All of these tactics are to control the doctors and surgeons, rid them from the healthcare equation, and minimize their importance in medicine. There are far too many laws, too many organizations, too many mandates, too much local, state, national, and federal interference to displace the physicians and surgeons from within their profession of medicine. The physicians, and surgeons, are continually subjected to far too many stressors that are not necessary, and have adversely affected their ability to practice their trade freely. These mandates are a deliberate sabotage of medicine.

No other profession has been adversely, and illegally, targeted by the United States government, as has the noble profession of medicine. The ACA has specifically violated the independent doctors’ and surgeons’ right to practice our trade of medicine, freely.

The ACA is in violation of the federal Anti-trust laws that infringe on the doctors’ and surgeons’ ability to practice their profession of medicine without fear, force, coercion, or restraint of trade. It also restricts patients of their rights to have access to physicians and surgeons of their own choice.

The ACA has given the insurance corporates final medical decision making authority over the patient-physician relationship. The gold standard of the noble profession of medicine, are the doctors and surgeons. There are no others that have the expertise, and medical knowledge that is necessary to ensure medical health safety to all the patients cared for, than the doctors, and surgeons. The private patient-physician relationship has been seriously harmed by such actions because no one knows medicine and what patients’ need better than their own physicians and surgeons. These third party payors have only their corporations’ monies in mind, not the health of our American citizens. Their concerns are how they can keep their wealth through the rationing of medical healthcare. The ACA has literally given these insurance corporations the right to practice medicine and surgery, without a medical school education, and without a medical license.  ACA does not allow American citizens their rights to keep the doctors and surgeons that they want, rather it directs our citizens to what insurers feel that individuals are entitled to. 

The ACA laws further eliminate the physicians’ and surgeons’ titles and degree credentials to further deceive the public of their replacement of doctors and physicians with non-physician personnel known as providers.  The elimination of titles and degree credentials by the insurers is another way that these corporates attempt to undermine the importance and necessity of doctors and surgeons in medicine as the gold standard.  ACA allows such abuse, and rewards the insurers that comply with these federal laws.

The providers that are contracted out by corporate insurers are frequently employed by such corporates that impose no autonomy. The corporates prefer providers, over the doctors and surgeons, because the providers do as they are told, even if it sacrifices human lives.

The ACA has also directed the corporates heading the pharmaceutical industry to eliminate from their software placement of the physicians’ and surgeons’ titles, and degree credentials. Pharmaceutical prescription labels eliminate the rank of the doctors and surgeons; label them as providers, or prescribers, so again the general population is misinformed when doctors and surgeons substitutes are employed by the insurance and pharmaceutical corporations, as providers. There simply are not any substitutes for doctors and surgeons, yet ACA laws have removed them as the first-line to America’s healthcare. It is now up to the insurers that have the ultimate say as to whether or not any individual, at any given time, has a medical condition that warrants further triage up the healthcare ladder. The delays and restrictions that have been placed on patients will lead to more individuals’ demise.

The ACA seriously affects the health and safety of all American citizens. The ACA allows insurers to limit, ration, and deny, medically necessary medications that are written by the doctors, and surgeons.

The insurers train their personnel to approve, ration, or deny medical healthcare and necessary prescriptions based on pre-written algorithmic steps that exhaust doctors’ and surgeons’ valuable time when pre-authorizations need to be sought. The ACA protocol enforces this type of deterrent to shift blame onto doctors and surgeons as to why the patients do not get referrals, medical equipment, prescriptions, or medical laboratories, and diagnostic studiesThis type of controlled schematic non-physician run healthcare system is never for the people.

The ACA model is similar to the federal government healthcare system that is used to care for our military and veterans. Titles, and degree credentials, are removed from the physicians and surgeons so that individuals do not know who is qualified to actually give the diagnoses, do surgeries, perform procedures, write prescriptions, and so forth. I refer to this type of system as controlled chaos. The government knows exactly what it is doing. The military healthcare system is the largest teaching facility in the world. The United States government grants individuals from all over the world to come, learn, and practice, on the American Veterans, while they receive complete immunity for any wrong. They are given licenses to do whatever the government sees fit to be done.

This healthcare system is based on a grade system, and pay is all standardized; the only thing that matters is the grade of the employed individuals within their controlled-closed system. In order for this system to work, there cannot be any chaos within the system by any of the employees. It is a do as you are told or suffer the consequences type of system. The bureaucracy that is tied into these systems are highly structured, very controlled, and chaotically placed so that the individuals at the top with the power are rarely, if ever, exposed.

The federal system, which is the ACA now, mandates (CPRS) which is computerized patient record systems similar to the electronic record systems (EHR) in the civilian sector. Whatever the healthcare system may be, federal or civilian-ACA, it enforces, and mandates, that peoples’ private, medical healthcare be entered into the controlled, schematic, electronic computer based system. The government and corporate insurers have total control over the data collected, and they can use this private and protected information, to profile patients adversely. Numeric point systems can be assigned to each electronic health record based on qualifiers of diseases and “excessive use” of the healthcare system. These calculations can be used to affect individuals’ credit ratings, interest rates, employability, and other factors that can profile, track, and label, patients.

This government controlled, electronic medical health record system, imposes serious harm to all patients within this mandated healthcare system because of the highly sensitive, medically protected, health data information entered, at any time without warning, this vital information can be lost, stolen, or intentionally deleted by individuals that have the power to do so, in order to protect government and corporates’ interest.

This is a frequent problem with the federal system that deals with numerous military service personnel, and veterans, that have life threatening, psychological, physically disabling injuries from war, training, or other causes. It is not uncommon that many of these permanently disabling injuries that would normally justify disability pensions and other financial pay offs, are with loss of required medical documentation, and appropriate medical objective findings. The way the federal system, and now the ACA mandates for federal compliance, electronic medical records to be completely implemented is not for the health and safety of the American people at all, but rather for the individuals of power. It ensures total control at all times, and rationing by the federal government and corporate insurers, who are deeply embedded within our government, to have the upper hand in the profession of medicine, without the intellectual expertise of the physicians and surgeons who know medicine better than any others. The federal government, and corporate insurers, have restricted the physicians’ and surgeons’ ability to practice their trade, so that there are no interferences with their so called manipulation of the standard of care, and monopolized agenda.

I trust that this information will assist all concerned citizens with their endeavors to effectively communicate the importance of the need for a full repeal of the PPACA to congress. This is the only way to cease the profound destructive process of the corporatization of medicine, and allow the physicians and surgeons to continue to practice independently and freely, in their trade of medicine, and to ensure continued freedoms to all citizens that reside on the United States of America land. 

Respectfully Submitted, 

 Dr. Gina Reghetti, D.O.
Independent Physician 4 Patients independence

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12 thoughts on “ACA: The Shredding of Healthcare and United States’ Constitution

  1. “When they came for me, there was no one left to speak up.”

    “In Germany they came first for the Communists, and I didn’t speak up because I wasn’t a Communist. Then they came for the Jews, and I didn’t speak up because I wasn’t a Jew. Then they came for the trade unionists, and I didn’t speak up because I wasn’t a trade unionist. Then they came for the Catholics, and I didn’t speak up because I was a Protestant. Then they came for me, and by that time no one was left to
    speak up.” –Pastor Martin Niemöller, 1945

    From the: http://www.nationalww2museum.org/learn/education/for-teachers/lesson-plans/pdfs/when-they-came-for-me.pdf The National WWII Museum.

  2. Please read the article below to understand why “We the People,” as we stand collectively as the United States’ Government have lost our power and control over the elected United States’ Government. There is a Tyrant in our White House, and our Federal Judges, and entire Judicial system has weakened to the Tyrant’s rulings.

    Americans are in serious danger.

    Law and Antilaw

    Copyright © 1995 Constitution Society. Permission is granted to copy with attribution for noncommercial purposes. http://www.constitution.org/mil/lawnanti.htm

    From Constitution to Emergency Rule
    The establishment of the U.S. Constitution in 1789 and its Bill of Rights in 1791 was a fundamental innovation in jurisprudence. It introduced the first constitutional republic, with a written constitution that superseded the Common Law that preceded it, while incorporating that part of the Common Law not in conflict with it, and provided that all subsequent statutory law and official acts must be based on its provisions and not in conflict with it. Any statute or official act not so based, or in such conflict with it, was to be considered unconstitutional, and null and void from inception.
    Unfortunately, despite the nominal commitment to compliance with the Constitution, legislators and officials have failed to comply with it in many instances. Most of these instances were justified as necessary to deal with perceived crises, especially war and depression. Some of these instances include the Dick Act of 1903 and the Federal Reserve Act of 1913. But perhaps the most important was the Emergency Banking Act of March 9, 1933, and particularly its amendment to the Trading with the Enemy Act of October 6, 1917, and its ratification of such executive orders as the Proclamation 2040 by President Roosevelt issued on March 6, 1933, sometimes called the Emergency and War Powers order. This act, codified as 12 USC 95(b), effectively declared the Constitution suspended and conferred dictatorial powers on the President, a situation which continues to this day.

    Following this there was a long train of unconstitutional legislation and executive orders, made possible by intimidation of the federal courts. Although some reference to provisions of the Constitution was made to justify them, especially an expanded interpretation of “interstate commerce”, it is argued [by some] that what was really done was suspension of the Constitution as the “Supreme Law of the Land” and the extension of the “Law of the Sea” over the land, making all federal courts admiralty courts, under the executive authority of the President. The “Law of the Sea” is a branch of Common Law under which the President and admiralty courts exercise essentially dictatorial powers, akin to martial law.

    Under this assumed authority, the U.S. Congress, the President, and the federal courts have extended their powers and jurisdiction far beyond the limits imposed on them under the Constitution, in violation of the 10th Amendment.

    Senate Report 93-549, written in 1973, said “Since March 9, 1933, the United States has been in a state of declared national emergency.” It goes on to say:

    “A majority of the people of the United States have lived all their lives under emergency rule. For 40 years, freedoms and governmental procedures guaranteed by the constitution have, in varying degrees, been abridged by laws brought into force by states of National emergency. In the United States, actions taken by government in times of great crisis have … in important ways shaped the present phenomenon of a permanent state of National emergency.”…

    “These proclamations give force to 470 provisions of federal law. These hundreds of statutes delegate to the President extraordinary powers, ordinarily exercised by Congress, which affect the lives of American citizens in a host of all-encompassing manners. This vast range of powers, taken together, confer enough authority to rule this country without reference to normal constitutional process.

    “Under the powers delegated by these statutes, the President may: seize property; organize and control the means of production; seize commodities; assign military forces abroad; institute martial law; seize and control all transportation and communication; regulate the operation of private enterprise; restrict travel; and, in a plethora of particular ways, control the lives of all American citizens.”

    The problem, of course, is that the Constitution does not provide for its own suspension, under some Rule of Necessity, only for temporary suspension of the right of habeas corpus, nor does Congress have such emergency and war powers or the power to delegate them to the President. Such a doctrine of “emergency rule” is a legalistic façade, perhaps providing a defense against summary judgement by a lawful court, but not providing true legal authority. The Constitution is not just the Supreme Law of the Land, but of all operations of the institutions it establishes, as agents of the People, including those at sea and those involving the laws of nations, forbidding them to exercise any powers not specifically delegated to them, in any field of action.

    A difficulty for this regime is that the vast majority of people in and out of government are unaware of such emergency rule. As far as they are concerned, the Constitution is still in full force and effect. Many of them continue to take an oath to “preserve, protect, and defend the Constitution against all enemies, foreign and domestic.” Some of them are aware of their role as militiamen, as defenders of the State and its Constitution, with a duty to not only obey the Constitution and constitutional laws, but to do what they can to enforce them as well, singly or in concert with one another.

    Two Bodies of Jurisprudence
    What we have, then, is two bodies of jurisprudence: one based on the Constitution, the other not based on it, and, indeed, in fundamental conflict with it. Unfortunately, the full force of de facto government acts to enforce this second body of jurisprudence, and this puts it in fundamental conflict with the Militia and its duty to defend the Constitution and enforce it and its laws. Since the statutes and official acts not based on the Constitution are null and void from inception, and in conflict with the real law, which is based on the Constitution, we may call this body of jurisprudence antilaw. It is sometimes referred to by the euphemism “public policy”.

    Almost any effort to enforce such antilaw infringes on the civil rights of persons, and is therefore itself a crime, specifically, violation of 18 USC 241, Conspiracy Against Rights, or 242, Deprivation of Rights Under Color of Law. These statutes are arguably constitutional, under the authority of the 14th amendment, therefore citizens have the duty, as militiamen, to enforce it against officials who attempt to enforce antilaw, to arrest them and bring them before a grand jury.

    What we have, therefore, is the potential for conflict between two groups of Americans, each enforcing what they consider to be the law against the other, each trying to arrest the other, with armed force if necessary. The forces of de facto government may, for the most part, believe they are in the right. Most of them are just doing their jobs, following the orders of the people who pay their salaries, and many people, not knowing any better, think they are indeed the lawful government. They are better organized, funded, and equipped. On the other side are a growing number of citizens who are becoming aware of the situation and their duties as militiamen, and while they are not yet as well organized, they are becoming more numerous and better organized, and they are even gaining support from within this de facto government.

    Corruption and the Crisis of Legitimacy
    This dysfunctional situation is exacerbated by pervasive corruption that infects almost every level and agency of government and institution of society. This has brought compromise of the integrity of those institutions, and the loss of their ability to meet the needs of the people. Computerized elections are often rigged. Many judges are compromised or intimidated. It is not uncommon for people to take a case before a federal judge, asking him to enforce the Constitution, and have him refuse to rule, saying “If I ruled on this, I would be dead before morning.” Take a case of high- level official misconduct to law enforcement authorities and they refuse to consider it. Investigating and exposing such corruption and the abuses it brings all too often results in the harassment, persecution, or even the death of the investigator and his witnesses, and the confiscation or destruction of their evidence.
    This crisis of legitimacy and corruption is causing severe conflicts within government as well, between factions that extend across institutions and align themselves with citizen activists. This conflict has become a kind of low-level civil war, in which there is real violence and the loss of lives.

    Antilaw as Dyslaw

    Antilaw might prevail if it met the needs of the people, eventually acquiring a kind of legitimacy, but it does not. It is fundamentally dysfunctional, as well as illegitimate, and therefore dyslaw. As such, it is doomed, and must eventually give way to a return to the Rule of Law under the Constitution. This will be a difficult transition to manage gracefully. Once the dominoes start falling, it may be difficult to avoid a sudden collapse that will bring chaos and economic upheaval.

    The first shot across the bow of antilaw from the Supreme Court may have just been fired, in the case of U.S. v. Lopez, which, for the first time since 1936, struck down a federal criminal statute based on the interstate commerce clause.

    For more information contact:
    Constitution Society
    The following address is no longer current. It is included for historical reasons.
    6900 San Pedro #147-230, San Antonio, TX 78216, 210/224-2868V

  3. Pingback: ACA: The Shredding of Healthcare and United States’ Constitution | drginareghetti

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