Opaque Legalese No Citizen Can Read (1)

So-called “health care reform” or ObamaCare, will be a de facto, involuntary contract between each citizen and his/her government.  Yet it’s impossible for the citizen to become aware of the terms of this contract because it’s impossible to read and comprehend the law.

ObamaCare-legalese

On October 19 the 1502 page Senate Finance Committee version of ObamaCare was posted on the internet.  Since then, Senate Majority Leader Harry Reid, and a few Senate staffers have been working on “merging” these pages with another, similar sized bill produced by another Senate committee.

We copied and pasted just three of the 1,500 pages below.  We picked these particular pages, about Medicare Advantage, because the President has relentlessly attacked this program.  So, we wanted to see what the consequences of ObamaCare would be on Medicare Advantage.

The reader will note that it’s impossible to determine anything from reading this language.  An experienced attorney would require several hours to refer to the Social Security act and interpret the effect of the changes in just these three pages.  And these are just the beginning of 36 pages regarding Medicare Advantage.

The Finance Committee version includes hundreds of pages that look just like this, and require the reader to refer to several other laws and regulations and try to figure out the consequences of the proposed changes.

Interpreting the language of ObamaCare will be a laborious endeavor that Doctors and patients simply can not undertake.  Only major corporations with herds of staff attorneys will be in a position to comprehend, interpret and take advantage of ObamaCare.

SEC. 3201. MEDICARE ADVANTAGE PAYMENT.

(a) MA BENCHMARK BASED ON PLAN’S COMPETITIVE BIDS.—

(1) IN 1 GENERAL.—Section 1853(j) of the Social
Security Act (42 U.S.C. 1395w–23(j)) is amended—
(A) by striking ‘‘AMOUNTS.—For purposes’’ and inserting ‘‘AMOUNTS.—
‘‘(1) IN GENERAL.—For purposes’’;
(B) by redesignating paragraphs (1) and
(2) as subparagraphs (A) and (B), respectively,
and indenting the subparagraphs appropriately;
(C) in subparagraph (A), as redesignated
by subparagraph (B)—

(i) by redesignating subparagraphs (A) and (B) as clauses (i) and (ii), respectively, and indenting the clauses appropriately; and

(ii) in clause (i), as redesignated by
clause (i), by striking ‘‘an amount equal
to’’ and all that follows through the end
and inserting ‘‘an amount equal to—

‘‘(I) for years before 2007, 1/12 of
the annual MA capitation rate under
section 1853(c)(1) for the area for the
year, adjusted as appropriate for the
purpose of risk adjustment;

‘‘(II) for 2007 through 2011, 1/12
of the applicable amount determined
under subsection (k)(1) for the area
for the year;

‘‘(III) for 2012, the sum of—
‘‘(aa) 2/3 of the quotient
of—

‘‘(AA) the applicable
amount determined under
subsection (k)(1) for the
area for the year; and
‘‘(BB) 12; and
‘‘(bb) 1/3 of the MA competitive benchmark amount (determined under paragraph (2)) for
the area for the month;

‘‘(IV) for 2013, the sum of—
‘‘(aa) 1/3 of the quotient
of—

‘‘(AA) the applicable

amount determined under
subsection (k)(1) for the
area for the year; and
‘‘(BB) 12; and
‘‘(bb) 2/3 of the MA competi24
tive benchmark amount (as so determined) for the area of the month…

5 Comments so far

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  4. uberVU - social comments on October 22nd, 2009

    Social comments and analytics for this post…

    This post was mentioned on Twitter by boomerjeff: Health care bill is unintelligible. No doc or patient can read/interpret 1,500 pgs of dense legalese http://bit.ly/37uVvm #tcot…

  5. Polprav on October 22nd, 2009

    Hello from Russia!
    Can I quote a post in your blog with the link to you?