Dixie - In Memoriam
New member
Turns out the LIE of the year, goes to THE DEMOCRATS regarding the so-called "death panel." Not only will there BE a death panel, as Sarah Palin warned us, but once it is established by law, it can never be repealed by a future Congress!!!
Excerpt from The Bill:
6 ‘‘(A) IN GENERAL.—If, with respect to a
7 determination year, the Chief Actuary of the
8 Centers for Medicare & Medicaid Services
9 makes a determination under paragraph (6)(A)
10 that the growth rate described in clause (i) of
11 such paragraph exceeds the growth rate de12
scribed in clause (ii) of such paragraph, the
13 Chief Actuary shall establish an applicable sav14
ings target for the implementation year.
15 ‘‘(B) APPLICABLE SAVINGS TARGET.—For
16 purposes of this section, the applicable savings
17 target for an implementation year shall be an
18 amount equal to the product of—
19 ‘‘(i) the total amount of projected
20 Medicare program spending for the pro21
posal year; and
22 ‘‘(ii) the applicable percent for the im23
plementation year.
24 ‘‘(C) APPLICABLE PERCENT.—For pur25
poses of subparagraph (B), the applicable per1016
O:\MAL\MAL09863.xml [file 3 of 9] S.L.C.
1 cent for an implementation year is the lesser
2 of—
3 ‘‘(i) in the case of—
4 ‘‘(I) implementation year 2015,
5 0.5 percent;
6 ‘‘(II) implementation year 2016,
7 1.0 percent;
8 ‘‘(III) implementation year 2017,
9 1.25 percent; and
10 ‘‘(IV) implementation year 2018
11 or any subsequent implementation
12 year, 1.5 percent; and
13 ‘‘(ii) the projected excess for the im14
plementation year (expressed as a percent)
15 determined under subparagraph (A).
16 ‘‘(8) PER CAPITA RATE OF GROWTH IN NA17
TIONAL HEALTH EXPENDITURES.—In each deter18
mination year (beginning in 2018), the Chief Actu19
ary of the Centers for Medicare & Medicaid Services
20 shall project the per capita rate of growth in na21
tional health expenditures for the implementation
22 year. Such rate of growth for an implementation
23 year shall be calculated as the projected 5-year aver24
age (ending with such year) percentage increase in
25 national health care expenditures.
1017
O:\MAL\MAL09863.xml [file 3 of 9] S.L.C.
1 ‘‘(d) CONGRESSIONAL CONSIDERATION.—
2 ‘‘(1) INTRODUCTION.—
3 ‘‘(A) IN GENERAL.—On the day on which
4 a proposal is submitted by the President to the
5 House of Representatives and the Senate under
6 subsection (c)(4), the legislative proposal (de7
scribed in subsection (c)(3)(B)(iv)) contained in
8 the proposal shall be introduced (by request) in
9 the Senate by the majority leader of the Senate
10 or by Members of the Senate designated by the
11 majority leader of the Senate and shall be in12
troduced (by request) in the House by the ma13
jority leader of the House or by Members of the
14 House designated by the majority leader of the
15 House.
16 ‘‘(B) NOT IN SESSION.—If either House is
17 not in session on the day on which such legisla18
tive proposal is submitted, the legislative pro19
posal shall be introduced in that House, as pro20
vided in subparagraph (A), on the first day
21 thereafter on which that House is in session.
22 ‘‘(C) ANY MEMBER.—If the legislative pro23
posal is not introduced in either House within
24 5 days on which that House is in session after
25 the day on which the legislative proposal is sub1018
O:\MAL\MAL09863.xml [file 3 of 9] S.L.C.
1 mitted, then any Member of that House may
2 introduce the legislative proposal.
3 ‘‘(D) REFERRAL.—The legislation intro4
duced under this paragraph shall be referred by
5 the Presiding Officers of the respective Houses
6 to the Committee on Finance in the Senate and
7 to the Committee on Energy and Commerce
8 and the Committee on Ways and Means in the
9 House of Representatives.
10 ‘‘(2) COMMITTEE CONSIDERATION OF PRO11
POSAL.—
12 ‘‘(A) REPORTING BILL.—Not later than
13 April 1 of any proposal year in which a pro14
posal is submitted by the President to Congress
15 under this section, the Committee on Ways and
16 Means and the Committee on Energy and Com17
merce of the House of Representatives and the
18 Committee on Finance of the Senate may re19
port the bill referred to the Committee under
20 paragraph (1)(D) with committee amendments
21 related to the Medicare program.
22 ‘‘(B) CALCULATIONS.—In determining
23 whether a committee amendment meets the re24
quirement of subparagraph (A), the reductions
25 in Medicare program spending during the 3-
1019
O:\MAL\MAL09863.xml [file 3 of 9] S.L.C.
1 month period immediately preceding the imple2
mentation year shall be counted to the extent
3 that such reductions are a result of the imple4
mentation provisions in the committee amend5
ment for a change in the payment rate for an
6 item or service that was effective during such
7 period pursuant to such amendment.
8 ‘‘(C) COMMITTEE JURISDICTION.—Not9
withstanding rule XV of the Standing Rules of
10 the Senate, a committee amendment described
11 in subparagraph (A) may include matter not
12 within the jurisdiction of the Committee on Fi13
nance if that matter is relevant to a proposal
14 contained in the bill submitted under subsection
15 (c)(3).
16 ‘‘(D) DISCHARGE.—If, with respect to the
17 House involved, the committee has not reported
18 the bill by the date required by subparagraph
19 (A), the committee shall be discharged from
20 further consideration of the proposal.
21 ‘‘(3) LIMITATION ON CHANGES TO THE BOARD
22 RECOMMENDATIONS.—
23 ‘‘(A) IN GENERAL.—It shall not be in
24 order in the Senate or the House of Represent25
atives to consider any bill, resolution, or amend1020
O:\MAL\MAL09863.xml [file 3 of 9] S.L.C.
1 ment, pursuant to this subsection or conference
2 report thereon, that fails to satisfy the require3
ments of subparagraphs (A)(i) and (C) of sub4
section (c)(2).
5 ‘‘(B) LIMITATION ON CHANGES TO THE
6 BOARD RECOMMENDATIONS IN OTHER LEGISLA7
TION.—It shall not be in order in the Senate or
8 the House of Representatives to consider any
9 bill, resolution, amendment, or conference re10
port (other than pursuant to this section) that
11 would repeal or otherwise change the rec12
ommendations of the Board if that change
13 would fail to satisfy the requirements of sub14
paragraphs (A)(i) and (C) of subsection (c)(2).
15 ‘‘(C) LIMITATION ON CHANGES TO THIS
16 SUBSECTION.—It shall not be in order in the
17 Senate or the House of Representatives to con18
sider any bill, resolution, amendment, or con19
ference report that would repeal or otherwise
20 change this subsection.
21 ‘‘(D) WAIVER.—This paragraph may be
22 waived or suspended in the Senate only by the
23 affirmative vote of three-fifths of the Members,
24 duly chosen and sworn.
So you have (1.) A Death Panel (aka: Chief Actuary of the Centers for Medicare & Medicaid Services) and (2.) The legal means to keep the death panel implemented, regardless of anything a future Congress may want to do.
Excerpt from The Bill:
6 ‘‘(A) IN GENERAL.—If, with respect to a
7 determination year, the Chief Actuary of the
8 Centers for Medicare & Medicaid Services
9 makes a determination under paragraph (6)(A)
10 that the growth rate described in clause (i) of
11 such paragraph exceeds the growth rate de12
scribed in clause (ii) of such paragraph, the
13 Chief Actuary shall establish an applicable sav14
ings target for the implementation year.
15 ‘‘(B) APPLICABLE SAVINGS TARGET.—For
16 purposes of this section, the applicable savings
17 target for an implementation year shall be an
18 amount equal to the product of—
19 ‘‘(i) the total amount of projected
20 Medicare program spending for the pro21
posal year; and
22 ‘‘(ii) the applicable percent for the im23
plementation year.
24 ‘‘(C) APPLICABLE PERCENT.—For pur25
poses of subparagraph (B), the applicable per1016
O:\MAL\MAL09863.xml [file 3 of 9] S.L.C.
1 cent for an implementation year is the lesser
2 of—
3 ‘‘(i) in the case of—
4 ‘‘(I) implementation year 2015,
5 0.5 percent;
6 ‘‘(II) implementation year 2016,
7 1.0 percent;
8 ‘‘(III) implementation year 2017,
9 1.25 percent; and
10 ‘‘(IV) implementation year 2018
11 or any subsequent implementation
12 year, 1.5 percent; and
13 ‘‘(ii) the projected excess for the im14
plementation year (expressed as a percent)
15 determined under subparagraph (A).
16 ‘‘(8) PER CAPITA RATE OF GROWTH IN NA17
TIONAL HEALTH EXPENDITURES.—In each deter18
mination year (beginning in 2018), the Chief Actu19
ary of the Centers for Medicare & Medicaid Services
20 shall project the per capita rate of growth in na21
tional health expenditures for the implementation
22 year. Such rate of growth for an implementation
23 year shall be calculated as the projected 5-year aver24
age (ending with such year) percentage increase in
25 national health care expenditures.
1017
O:\MAL\MAL09863.xml [file 3 of 9] S.L.C.
1 ‘‘(d) CONGRESSIONAL CONSIDERATION.—
2 ‘‘(1) INTRODUCTION.—
3 ‘‘(A) IN GENERAL.—On the day on which
4 a proposal is submitted by the President to the
5 House of Representatives and the Senate under
6 subsection (c)(4), the legislative proposal (de7
scribed in subsection (c)(3)(B)(iv)) contained in
8 the proposal shall be introduced (by request) in
9 the Senate by the majority leader of the Senate
10 or by Members of the Senate designated by the
11 majority leader of the Senate and shall be in12
troduced (by request) in the House by the ma13
jority leader of the House or by Members of the
14 House designated by the majority leader of the
15 House.
16 ‘‘(B) NOT IN SESSION.—If either House is
17 not in session on the day on which such legisla18
tive proposal is submitted, the legislative pro19
posal shall be introduced in that House, as pro20
vided in subparagraph (A), on the first day
21 thereafter on which that House is in session.
22 ‘‘(C) ANY MEMBER.—If the legislative pro23
posal is not introduced in either House within
24 5 days on which that House is in session after
25 the day on which the legislative proposal is sub1018
O:\MAL\MAL09863.xml [file 3 of 9] S.L.C.
1 mitted, then any Member of that House may
2 introduce the legislative proposal.
3 ‘‘(D) REFERRAL.—The legislation intro4
duced under this paragraph shall be referred by
5 the Presiding Officers of the respective Houses
6 to the Committee on Finance in the Senate and
7 to the Committee on Energy and Commerce
8 and the Committee on Ways and Means in the
9 House of Representatives.
10 ‘‘(2) COMMITTEE CONSIDERATION OF PRO11
POSAL.—
12 ‘‘(A) REPORTING BILL.—Not later than
13 April 1 of any proposal year in which a pro14
posal is submitted by the President to Congress
15 under this section, the Committee on Ways and
16 Means and the Committee on Energy and Com17
merce of the House of Representatives and the
18 Committee on Finance of the Senate may re19
port the bill referred to the Committee under
20 paragraph (1)(D) with committee amendments
21 related to the Medicare program.
22 ‘‘(B) CALCULATIONS.—In determining
23 whether a committee amendment meets the re24
quirement of subparagraph (A), the reductions
25 in Medicare program spending during the 3-
1019
O:\MAL\MAL09863.xml [file 3 of 9] S.L.C.
1 month period immediately preceding the imple2
mentation year shall be counted to the extent
3 that such reductions are a result of the imple4
mentation provisions in the committee amend5
ment for a change in the payment rate for an
6 item or service that was effective during such
7 period pursuant to such amendment.
8 ‘‘(C) COMMITTEE JURISDICTION.—Not9
withstanding rule XV of the Standing Rules of
10 the Senate, a committee amendment described
11 in subparagraph (A) may include matter not
12 within the jurisdiction of the Committee on Fi13
nance if that matter is relevant to a proposal
14 contained in the bill submitted under subsection
15 (c)(3).
16 ‘‘(D) DISCHARGE.—If, with respect to the
17 House involved, the committee has not reported
18 the bill by the date required by subparagraph
19 (A), the committee shall be discharged from
20 further consideration of the proposal.
21 ‘‘(3) LIMITATION ON CHANGES TO THE BOARD
22 RECOMMENDATIONS.—
23 ‘‘(A) IN GENERAL.—It shall not be in
24 order in the Senate or the House of Represent25
atives to consider any bill, resolution, or amend1020
O:\MAL\MAL09863.xml [file 3 of 9] S.L.C.
1 ment, pursuant to this subsection or conference
2 report thereon, that fails to satisfy the require3
ments of subparagraphs (A)(i) and (C) of sub4
section (c)(2).
5 ‘‘(B) LIMITATION ON CHANGES TO THE
6 BOARD RECOMMENDATIONS IN OTHER LEGISLA7
TION.—It shall not be in order in the Senate or
8 the House of Representatives to consider any
9 bill, resolution, amendment, or conference re10
port (other than pursuant to this section) that
11 would repeal or otherwise change the rec12
ommendations of the Board if that change
13 would fail to satisfy the requirements of sub14
paragraphs (A)(i) and (C) of subsection (c)(2).
15 ‘‘(C) LIMITATION ON CHANGES TO THIS
16 SUBSECTION.—It shall not be in order in the
17 Senate or the House of Representatives to con18
sider any bill, resolution, amendment, or con19
ference report that would repeal or otherwise
20 change this subsection.
21 ‘‘(D) WAIVER.—This paragraph may be
22 waived or suspended in the Senate only by the
23 affirmative vote of three-fifths of the Members,
24 duly chosen and sworn.
So you have (1.) A Death Panel (aka: Chief Actuary of the Centers for Medicare & Medicaid Services) and (2.) The legal means to keep the death panel implemented, regardless of anything a future Congress may want to do.
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