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Demeter

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Obamacare: The Final Payment Raiding the Assets of Low-Income and Poor Americans by anonymous

http://www.informationclearinghouse.info/article37597.htm

The anonymous Obamacare expert, who provided us a year ago with the most complete account of Obamacare available, has returned with an explanation of estate recovery. Obamacare herds the poor into Medicaid which requires some enrollees to forfeit homes and other assets they might have to the state to cover the cost of their medical care. The research article below is meticulous and demonstrates that Obamacare was not enacted to serve the people.

Paul Craig Roberts


February 09, 2014

Since writing “Obamacare: Devils in the Details” posted on this site on February 3, 2013, I have investigated in detail other aspects of the insurance industry’s program to bring health care to Americans. In this article I explain estate recovery to which poorer Americans herded by Obamacare into Medicaid are subject. In violation of moral philosopher John Rawls’ second principle of justice, some of the poorest Americans will pay the highest cost of health care as they, and they alone, are subject to having the family home and any other assets they might possess confiscated by the state in order to reimburse Obamacare for the cost of their medical expenses. The compassionate rhetoric aside, Obamacare makes the poor pay the most.

Under what was deceptively named the Affordable Care Act (ACA), commonly known as Obamacare, which is unaffordable for the patient in more ways than one, beginning January 1, 2014, citizens without health insurance must pay a tax penalty to the Internal Revenue Service (IRS). Qualified individuals and families with incomes between 138 and 400 percent of the Federal Poverty Level (FPL) can shop for commercial insurance policies at a Health Insurance Marketplace (an exchange) and may be eligible for a subsidy from the government to help pay for a plan. Those with incomes at or below 138 percent of the Federal Poverty Level will be tossed into Medicaid unless there are specific reasons why they would not be eligible.

The Federal Poverty Level incomes for different family sizes for 2014 established by the Department of Health and Human Services can be found here: http://aspe.hhs.gov/poverty/14poverty.cfm To determine whether you will be put into Medicaid, find the Federal Poverty Level annual income that applies to your family size for 2014 from the HHS tables and multiply the amount by 1.38. If your annual income is not larger than this amount, into Medicaid you go. For example, to avoid being put into Medicaid by Obamacare, a single individual in the 48 states and D.C. needs an income that is more than 138 percent of $11,670 (more than $16,105). A family of four needs an income that is more than 138 percent of $23,850 (more than $32,913). Poverty level incomes in Alaska and Hawaii are higher due to the higher cost of living in those states.

You won’t find estate recovery in the ACA. It’s in the Omnibus Reconciliation Act of 1993 (OBRA 1993)–a federal statute which applies to Medicaid, and, if you are enrolled in Medicaid, it will apply to you.

Estate Recovery

OBRA 1993 requires all states that receive Medicaid funding to seek recovery from the estates of deceased Medicaid patients for medical services received in a nursing home or other long-term care institution, home- and community-based services and related hospital and prescription drug services regardless of age. It also allows, at state option, recovery for all services used in the Medicaid state plan at age 55 or older. At minimum, states must pursue recovery from the probate estate which includes property that passes to heirs under state probate law, but states can expand the definition of estate to allow recovery from property that bypasses probate. This means states can use procedures for direct recovery from bank accounts and other funds. The state keeps a running tally, and even if you have a will, your heirs are chopped liver. Estate recovery can be exempted or deferred in certain situations after your death, but the regulations for this are limited and complicated with multitudes of conditions.

Your estate is what you own when you die–your home, other real estate in which you have a legal interest, personal property, bank accounts, annuities and so on. For cash-strapped states, recovery provides an income stream, and with the expansion of Medicaid states will be in dire need of money, particularly in the current economy.

You must first understand that if an exchange determines you are eligible for Medicaid, you have no other choice. Code for exchanges specifies that an applicant is not eligible for a subsidized plan to the extent that he or she is eligible for coverage under Medicaid. Therefore, when you apply, if you are found eligible, you will be tossed into Medicaid. You can also be auto-enrolled in Medicaid if you are presumed eligible through a database such as SNAP (food stamps). If you are enrolled in a subsidized private plan through an exchange and your circumstances change making you eligible for Medicaid, in you go.

Obamacare revises Medicaid regulations in order to make more Americans eligible for Medicaid. Revised regulations include an increase in age and income limitations, and the asset test no longer applies. Prior to these revisions, applicants were not eligible for Medicaid if they had more than a specific dollar amount in assets. But, under Obamacare, those who likely own a home or have savings set aside–for example, early retirees or people who have lost their jobs and, as a result, are in a low income bracket–will find themselves in Medicaid, and their assets will be looted by the government when they die for medical services used at age 55 and up.

Estate recovery can have a damaging impact on low-income and poor Americans. It is a pernicious death tax on those who have the least and are the most vulnerable. Often, the only asset they have is the family home and what’s in it, and, for some, this has been the family home for several generations. The threat of losing the home causes people to forego health care.

Home equity is part of a deceased Medicaid recipient’s estate and except under certain circumstances is subject to estate recovery. Surviving family members may either sell the home and use the proceeds to satisfy the Medicaid claim or, if they wish to keep the home in the family, they can satisfy the claim with their own personal funds. This Medicaid clawback not only confiscates family property but also robs people of their dignity as Medicaid allows only an amount it considers reasonable for services provided by a funeral home and burial costs. In some states, funeral homes are responsible for notifying Medicaid if there is excess money in a burial trust fund so it can also be pillaged.

Some might think it fair that those who are enrolled in Medicaid pay back the benefits they received. However, under a mandate that requires all Americans to be covered by health insurance or pay a tax penalty to the IRS, estate recovery is unconscionable since Obamacare offers no other viable option for this income-segment of the population. It also discriminates by age since only Medicaid enrollees who use benefits in the state plan at age 55 and up are subject to estate recovery, but those who use benefits at age 54 or less are home free unless they receive long-term care. Under federal law, discrimination is not permitted on the basis of age, but, obviously, the U.S. government turns a blind eye to to its own law. Perhaps, when states need more money due to the Obamacare expansion of Medicaid, and as the jobless economy continues causing more people to be eligible, age discrimination will be broadened to 45 and up.

You may be eligible for an exemption from having to pay a penalty for being uninsured if you meet specific requirements–for example, if you are in jail, if you have a sincerely-held religious belief that prevents you from seeking and obtaining medical care, if you are eligible for Medicaid under its expansion but live in a state that opted not to expand Medicaid, if you are a member of an Indian tribe, and several other situations. But there is no exemption for people who refuse to sign up for Obamacare because of the Medicaid estate recovery program.

Since the plans at the Obamacare exchanges are income-based, you may be put into Medicaid when you apply for insurance. Or, you may start off enrolled in a subsidized plan, confident that estate recovery won’t apply to you, but several months or a year later, due to a change in your circumstances, find you have been tossed into Medicaid. You can increase your income in order to avoid Medicaid, but it would have to remain over 138 percent of the Federal Poverty Level throughout the taxable year. If paying for insurance will deprive you of food or shelter, you can try filing for a hardship exemption, that is, if the government site is working smoothly, and if you can find the form. It is important to understand how this income-based scheme works so you can figure out how best to survive the many caveats of Obamacare. To learn more and what to watch out for, read my lesson on how Obamacare works. http://www.paulcraigroberts.org/2013/02/03/obamacare-a-primer/

Estate recovery was not an unintended consequence of Obamacare. The House Ways & Means Committee and The House Energy & Commerce Committee share jurisdiction over health care, including Medicare and Medicaid, and both worked extensively on Obamacare. So, don’t bother thinking that the members of these committees didn’t know that estate recovery would impact millions of Americans who would be tossed into Medicaid. The asset test was dropped and the age limit was increased explicitly in order to expand Medicaid. Yet, did We the People hear any concern about estate recovery? Certainly not in the many floor speeches given by Democrats as well as Republicans or from the media.

Obama stated during his 2008 presidential campaign that transparency would be the leverage needed to ensure that people stay involved in the national health care reform process. The expansion of Medicaid was part of the process. Did Obama or your representatives tell you that Medicaid, depending on your age, is a loan subject to deferred payment by your estate? Did they tell you the government subsidy for a private plan at an exchange is a loan, that must be repaid if your income increases? Transparency was highly selective. The bait was shown but not the hook.

Obama also often made the point that the public should receive the same level of coverage and care as members of Congress. Medicaid is hardly the same level of coverage and care, but, aside from that, tell us, Mr. Obama, because your health care is funded by taxpayers, will your estate be subject to recovery?

The fact that Obamacare did not revise existing federal statute–in other words, it retained estate recovery–most certainly undermines the compassionate rhetoric about helping low-income and poor Americans.

Official Response To Estate Recovery Inquiry

In October 2009 during the national health care reform debacle, eight public-spirited citizens, dismayed as they watched Obamacare morph into deception, signed and faxed a letter to 28 members of Congress, Democrats and Republicans alike, including chairs and ranking members of the various health care policy committees working on Obamacare. The letter addressed “Discrimination, Estate Recovery & Exploitation in National Mandated Health Insurance.” Other recipients included President Barack Obama; Kathleen Sebelius, Secretary of Health and Human Services; and Nancy Ann Deparle, Director of White House Office of Health Reform.

The letter pointed out that absence of choice for Medicaid-eligible citizens other than a costly penalty is discrimination based on economic status. It also stated that the Medicaid estate recovery program discriminates by age and against those who own a home and have other assets versus those who do not. The letter asked if OBRA 1993 had been amended so states would not be allowed to recover assets or place liens on property under national mandated health insurance, and, if there was no amendment, why not?

The citizens who sent the letter received no response from Congress or the Obama administration. The government that comprises ObamaNation, Inc. serves only its money masters.

Depending on their state of residency, Americans can sign up for Obamacare coverage with a federal or with a state exchange. The US Centers for Medicare and Medicaid Services (CMS) is the federal office that established the federal exchange at healthcare.gov at which residents of the 36 states that chose not to use a state exchange can sign up for Obamacare. (New Mexico and Idaho have state exchanges but are currently using the federal one.) Fourteen states and the District of Columbia submitted proposals, which were approved by CMS, to run their own exchanges.

In June 2013 a letter was sent to the Centers for Medicare & Medicaid Services by a well-informed citizen pointing out that the Medicaid Manual prepared by CMS to provide guidance for states contains procedural rules intended to ensure that individuals are informed about estate recovery before they complete the application process.

There are variations in the ways in which states implement estate recovery, depending upon their Medicaid program and state laws. However, Federal law requires all states to incorporate the following protections for Medicaid recipients into the design of their estate recovery program:

— The State should notify Medicaid recipients about the estate recovery program during their initial application for Medicaid eligibility and annual re-determination process.
— The State must notify affected survivors about the initiation of estate recovery and give them an opportunity to claim an exemption based on hardship.
— The State must establish procedures and criteria to waive recovery if it would cause undue hardship.

The letter went on to say that the final CMS Health Insurance Marketplace application (healthcare.gov) notifies applicants about Medicaid’s right to pursue and recover any money from other health insurance, legal settlements or other third parties but does not disclose estate recovery. Since estate recovery is one of the terms of the Medicaid contract, it is deceptive to omit disclosure of this practice. CMS was asked to provide the reasons for this omission.

CMS responded evasively to the concerned citizen’s question. CMS claimed that the Health Insurance Marketplace application at healthcare.gov does not disclose Medicaid’s right to claim against the estate, because CMS wanted to provide flexibility to state Medicaid agencies as to how each one notifies applicants about estate recovery. Some states have developed pamphlets to address common estate recovery questions or devote a portion of a general Medicaid pamphlet to the subject. Some states also post their state plans, perhaps with additional explanatory text, on their web sites.

Even if we take this claim at face value, it reflects a cavalier attitude. As health insurance is mandated with low-income earners and the very poor having no alternative to Medicaid, certainly those subject to estate recovery have a right to be notified in advance of being herded into this insurance plan.

It is well worth knowing about estate recovery before you sign up at an Obamacare exchange so you can make an informed choice as to whether or not you want to get trapped in this Byzantine sinkhole or steer clear, particularly if you think your income may relegate you to coverage under Medicaid now or in the future. Unfortunately, it appears that CMS as well as some of the state-based exchanges, such as Covered California, decided you don’t deserve to know about this particular term of the Medicaid contract when you apply and sign on the dotted line. So, as of this writing, there is no mention of estate recovery on the Obamacare application at healthcare.gov that services residents of the 36 states which use the federal exchange nor for Californians, residents of a state with a robust estate recovery program! Some states disclose estate recovery on their state exchange applications for Obamacare, and others do not.

Non-disclosure of estate recovery on an Obamacare application does not mean that the state in which you reside will not bill your estate for the cost of your medical treatment under Medicaid. It merely means that a conscious choice was made not to let you know that one consequence of signing up for Obamacare could be the loss of your home.

There are a few states that recover for long-term care only. It would be in your best interest to find out your state’s recovery policy so you know where you stand. You should also remain alert to changes.

Here is what you need to know:

When you complete the application at healthcare.gov, it is assumed that when you submit it, you are fully informed and agree to all terms. Submission of the application is akin to signing a contract. Your signature not only means you have provided true answers to all the questions under penalty of perjury, but also that you understand and agree to all the rules and conditions. However, by not disclosing estate recovery CMS expunged your right to make an informed decision. Therefore, you may not realize that your estate can become government property because Obamacare forces you into Medicaid if your income is less than the threshold for a subsidized premium.

When you sign a loan note at a bank, you are agreeing to the terms and conditions of the contract between you and the bank, and these are disclosed in the note. The banker doesn’t say to you, “Just sign here and we’ll let you know the terms later. You can pick up a pamphlet at our local office or request that one be mailed to you. Or, you can visit our website and see if you can find the page that tells you what you just signed yourself into. Thank you. We appreciate your business.”

Even if your circumstances change such that you are no longer eligible for Medicaid and you are shifted into a subsidized Obamacare plan, any Medicaid expenditures you incurred remain as claims on your estate.

According to the federal procedural rules, the state should notify Medicaid recipients about the estate recovery program during their initial application for Medicaid eligibility. Initial is the operative word. It does not mean after an individual has been put into Medicaid. Since healthcare.gov is the initial point of contact for applicants who reside in one of the 36 states using the federal exchange, there is no legitimate excuse for nondisclosure of estate recovery. Healthcare.gov is where the buck stops. The application should contain notification of estate recovery. The same is true for state-based exchanges that omitted this disclosure on their Obamacare applications.

Like terms of a contract, laws are supposed to be known. In Western civilization people are not supposed to be accountable to secret laws or to secret clauses in contracts that they sign. Clearly, if Western legal practice holds, estate recovery is impermissible due to the lack of notice. Only the corrupt architects of Obamacare believe that it is fair to confiscate the assets of an individual or a family without notification that the health care they receive can be charged to their estate.

Liens

Some state-based exchanges requested permission from CMS to add information to their application and chose to include disclosure of estate recovery. The Massachusetts Health Connector application not only includes disclosure of estate recovery, but also goes above and beyond, notifying applicants of liens. “To the extent permitted by law, MassHealth (Medicaid) may place a lien against any real estate owned by eligible persons or in which eligible persons have a legal interest. If MassHealth puts a lien against that property and it is sold, money from the sale of that property may be used to repay MassHealth for medical services provided.”

There are pre-death liens and post-death liens, and whether or not placement of a lien is disclosed on an Obamacare application, this practice is permitted in all states. For more on liens, you should consult an attorney–if you can afford one–or seek information online. It’s not pretty.

Renewal Of Coverage and Auto-enrollment

Note that Obamacare applications contain a section titled Renewal of Coverage in Future Years. An applicant can agree to allow an exchange to use income data, including information from tax returns to automatically renew eligibility for 1, 2, 3, 4 or 5 years, or applicants can check “Do not use information from tax returns to renew my coverage.” Exchanges have access to the federal data hub which keeps track of your income and other personal data. If you gave unfettered access to your data by choosing auto-renewal, they have all the information needed to determine whether you are still eligible for your subsidized policy or should be moved into Medicaid.

The letter sent to CMS in June 2013 also asked about estate recovery disclosure in cases where coverage is auto-renewed during the annual redetermination process, when people are shifted from a subsidized plan to Medicaid due to a decrease in income or other change in circumstance, and when people are auto-enrolled on the presumption that they are eligible according to a database such as SNAP (food stamps) or by a hospital or health care center. A similar letter was sent to the Massachusetts Office of Medicaid.

The federal procedural rules on estate recovery say the state should notify Medicaid recipients about the estate recovery program during the annual redetermination process, but according to the Massachusetts Office of Medicaid, you don’t need to be informed about estate recovery during the redetermination process because you presumably read about this on the original application you filled out and submitted.

If you submitted an application that did not disclose estate recovery, it cannot be presumed that you are aware of estate recovery, because notification was not on the application. Thus, the redetermination procedure is one more example of the failure to disclose.

If you are bumped into Medicaid from a subsidized plan due to a change in your circumstances, the Massachusetts Office of Medicaid believes that you don’t need to be informed about estate recovery because you presumably read about this however many years ago when you filled out the original application. You will simply be sent a notice that you are now in Medicaid, and the notice will refer you to the Medicaid Member Booklet for information on the rules. If you obtain and read the booklet, you can learn that you may be subject to estate recovery. But don’t expect to receive a Medicaid Member Booklet with your notice, because “It would be cost prohibitive to include a Member Booklet with every notice. Instead, every notice includes information on how to contact Customer Service with any questions, including to request a copy of the Member Booklet.”

Hope you know what questions to ask and that you do request a copy of the booklet immediately, pray that it arrives before you use any Medicaid services if you are age 55 to 64 and go over it with a fine tooth comb. If you don’t want to be in Medicaid, you can contact your state Medicaid agency to unenroll, but you’ll probably have to pay a penalty for being uninsured unless you can earn more money and get into a subsidized plan.

If you submitted an application that does not disclose estate recovery and you are bumped into Medicaid due to a change in your circumstances, you won’t know about this detrimental practice, but you can learn that your assets may be confiscated if you contact Customer Service and request a Member Booklet.

If you are auto-enrolled into Medicaid because you were presumed eligible through a SNAP (food stamp) database or by a hospital or health care center, you may still need to fill out a full application which may or may not disclose estate recovery.

Now let’s look at how the federal exchange at healthcare.gov will handle these situations.

The federal exchange will not be renewing coverage for Medicaid recipients. Your state Medicaid agency will handle your annual Medicaid eligibility redetermination (renewal). CMS responded to the citizen’s inquiry as follows: “State Medicaid agencies are developing their own renewal forms which may include a notice regarding estate recovery. CMS is in the process of finalizing a model renewal form to assist states, and we appreciate that you highlighted this requirement.”

Why did CMS need to be reminded about notification of estate recovery when the federal procedural rules that CMS is supposed to implement specify that notification is required?

You may receive a renewal form if your state Medicaid agency doesn’t employ the same “streamlined Obamacare procedures” that Massachusetts is using or if you did not choose auto-renewal. Your state Medicaid agency might come up with its own procedure for redetermination regardless of which option you checked on your original application. In any case, the renewal form might not include disclosure of estate recovery although your state Medicaid agency is familiar with the estate recovery notification requirement outlined in the federal procedural rules.

According to CMS, if you are bumped into Medicaid due to a change in your circumstances, your state Medicaid agency may notify you that you are now in Medicaid and “may include Medicaid-specific information as appropriate.”

If the state Medicaid agency sends a notice that you have been bumped into Medicaid, you might also receive Medicaid-specific information–or you might not. The notice will refer you to a pamphlet and provide you with a website address so you can learn that your heirs can be dispossessed in exchange for your being provided with minimal medical care.

If you are auto-enrolled because you were presumed eligible through a SNAP (food stamp) database or by a hospital or health care center, your state Medicaid agency will most likely send you a full application which might or might not disclose estate recovery.

Oregon fast-tracked residents into Medicaid in October 2013 by sending approximately 240,000 letters to those on food stamps. The Oregon Health Authority already had people’s information on file since they were participants in an income-based state program, and, thus, presumed eligible for Medicaid. The letter explained that all they had to do was let the Oregon Health Authority know they wanted to be enrolled in Medicaid by checking the “I-am-interested” box, provide some basic information on the enclosed one-page form and return it to the Authority in the enclosed stamped and addressed envelope. The Oregon Health Authority then worked on enrolling the 75,000 respondents and proceeded to send 177,000 reminder notices.
http://stateofreform.com/issues/medicaid/2013/12/secret-oregons-fast-track-enrollment-leveraging-bureaucracy/

Did the one-page form contain notification of all rights and responsibilities including estate recovery?

State Policy Changes

Oregon and Washington disclosed estate recovery on their applications and experienced low sign-ups. People are reluctant to accept having their families dispossessed of what little they have. Officials in both states said that state policy would be changed in order to apply estate recovery only to Medicaid patients in long-term care, and Cover Oregon (the state exchange) decided to remove estate recovery disclosure from its application in order to avoid alarming applicants. The Seattle Times reported that Washington’s Health Care Authority has filed an emergency rule to amend Medicaid’s estate recovery policy.
http://www.oregon.gov/oha/healthplan/OHPSuppDocs/Estate%20Recovery%20and%20the%20Oregon%20Health%20Plan.pdf
http://blogs.seattletimes.com/healthcarecheckup/topic/estate-recovery/

Privacy Violations

There is no pretending that your information is private or that Obamacare is concerned with protecting your privacy. California’s state exchange, Covered California, provided insurance agents with names and contact information for tens of thousands of people who either logged onto Covered California’s website to check out plans or who had partially filled out an application but did not finish, and did not ask to be contacted. Exectutive Director, Peter Lee, excused this breach of privacy on the grounds that the exchange’s legal counsel approved it and the state wanted to offer more assistance to Californians.
http://articles.latimes.com/2013/dec/06/business/la-fi-exchange-names-disclosed-20131207

The privacy statement in the application of Colorado’s exchange, Connect for Health Colorado, states: “You release Connect for Health Colorado and the Department of Health Care Policy and Financing from all liability for sharing this information with other agencies.” Some of the sharing agencies include the United States Customs and Immigration Services, Department of Homeland Security and financial institutions (banks, savings and loans, credit unions, etc.).

In the event that your data has been compromised, states must notify you, but the federal government is not required to do the same, and is, therefore, more likely to hide its security flaws and privacy breaches. According to the Washington Post, administration officials knew when the federal site was launched that the privacy of user data would be at risk. An internal Department of Health and Human Services (HHS) memo warned that sufficient testing of data security had not been performed.
http://www.washingtonpost.com/politics/kathleen-sebelius-acknowledges-frustrating-problems-with-health-care-website/2013/10/30/8cf36c98-415e-11e3-a751-f032898f2dbc_story.html
http://www.foxnews.com/politics/2013/12/05/feds-not-required-to-report-security-breaches-obamacare-exchange-website/
http://freebeacon.com/expert-healthcare-gov-security-risks-even-worse-after-fix/

Subsidized Premiums And Cost-sharing Reductions Are Also Subject To Recovery

CMS and many of the state-based exchanges also left out notification that the tax credit you receive for a subsidized plan and the reduction in cost-sharing and deductibles are advance loans and could leave you with an unexpected debt to the IRS. Most likely, the lack of this disclosure as well as estate recovery was intentional so people would not be deterred from signing up for health insurance. Thus, CMS and other exchanges unilaterally surrendered your right to know important rules that can adversely impact you and your family. Non-disclosure of all rules, rights and responsibilities is not a standard and acceptable business practice and could be deemed fraudulent in a court of law.

Connect for Health Colorado states your acceptance in the fine print on its application: “I understand that if I am eligible for the Advance Premium Tax Credit (APTC) and/or Reduced Co-pays and Deductibles these payments will be made directly to my selected insurance carrier(s). Acceptance of (APTC) and/or Reduced Co-pays and Deductibles may impact my coverage year tax liability. I will be given the option to apply all, some, or none of any APTC amount I may be eligible for to my monthly premium.”

Do you know what this means? It is notification that you may have to pay back part or all of your Obamacare health premium subsidy and reduced co-pays and deductibles if your income rises during the year.

The Advance Premium Tax Credit is the subsidized part of your Obamacare premium. The subsidy and cost-sharing reductions are based on an estimate of your total income for the year in which you apply for insurance at an exchange. If your income at the end of the year is higher than the estimate, you may have a tax liability for part or all of these two items because they were based on a lower income. To avoid this risk, you can choose to negotiate a smaller subsidy and pay more of your premium to reduce your exposure to possible tax liability for overpayment of the subsidy. Alternatively, you can refuse the tax credit, pay full freight and collect your tax credit based on your actual year-end income when you file your federal tax return. You can’t negotiate cost-sharing reductions, but, you can opt not to apply for these unless you don’t mind shouldering a possible payback.
For details see section 4:
http://www.paulcraigroberts.org/2013/02/03/obamacare-a-primer/
For current payback amounts:
http://www.gpo.gov/fdsys/pkg/PLAW-112publ9/html/PLAW-112publ9.htm
For payback of the entire subsidy:
http://thehill.com/blogs/healthwatch/health-reform-implementation/144847-1099-repeal-gets-trickier-with-house-bill

Medicaid Managed Care Plans

Some states use private insurers to manage health care for their Medicaid population through Medicaid Managed Care Plans, and the Obamacare expansion of Medicaid is a huge money-maker for these private insurers as well as a huge cost booster for U.S. health care. For giants UnitedHealthcare and WellPoint, as well as for smaller publicly-traded companies such as Molina Healthcare, a Fortune 500, multi-state health care organization, an expanded customer base brings revenue growth. Medicaid Managed Care Plans are hoping to enroll the majority of the expanded Medicaid population.

“This is several hundreds of billions of dollars of new market opportunity for these plans over the next couple of years,” says Jason Gurda, managing director of healthcare with investment bank Leerink Swann in New York.”
http://usatoday30.usatoday.com/MONEY/usaedition/2013-03-08-Text-03062013-0212-PM_ST_U.htm

Many states are choosing to move all or portions of their Medicaid populations to managed care plans. Thirty-five are expected to make changes to their managed care programs in 2014, up from 28 in 2013 and 20 in 2012. States jumping on the privatized-Medicaid bandwagon will mean more profit for corporations and less money allocated to patient care.
http://www.hms.com/popularity-medicaid-managed-care-expected-grow/

A Managed Care Plan is a system of health insurance which includes a network of contracted providers that are paid a fixed amount to provide health benefits to a defined population. Needless to say, this model relies on restriction and denial of care putting Medicaid patients at risk.

A Medicaid Managed Care Plan adds more charges subject to estate recovery for those who are tossed into Medicaid. The Medicaid Manual says that when an individual age 55 and older is enrolled either voluntarily or mandatorily in a managed care plan, the state must seek recovery from the individual’s estate for the premium payments. If the state plan recovers for all Medicaid services, the state must recover from the individual’s estate the total capitation rate for the period the beneficiary was enrolled in the managed care plan. If the state plan recovers for only some services covered under the state plan, the state must recover from the individual’s estate that portion of the capitation payment that is attributable to the recoverable services, based on the most appropriate actuarial analysis determined by the state.

The manual also states that when the individual enrolls or is enrolled in the managed care plan, the state must provide a separate notice to the individual that explains that the premium payments made to the managed care plan are included either in whole or in part in the claim against the estate.

States that use private insurers to manage their Medicaid population will most likely have capitation payments but might not have reinsurance or fee-for-service programs which can also be recovered from an estate. Therefore, it is prudent to find out what your state has and who is affected. Here are the fees that can be recovered from estates:

Capitation Payments–a fixed monthly fee paid by the state to the Medicaid Managed Care Plan for each month you are enrolled in one of these plans, regardless of whether or not you use any medical services. If you do seek care, capitation payments can exceed the actual costs of services provided during the month.

According to the Massachusetts EOHHS Privacy Office: The estimated average capitation payment for October 1, 2013 through December 31, 2013 was $449.59 per month– an average annual total of $5,395.08. In other words, a person from age 55 through, let’s say, 62, accumulates $43,160.64 on his or her tally against assets including the home. There goes a chunk of your estate even if you didn’t use any medical care.

Reinsurance Payments–An amount reimbursed to program contractors for certain contract service costs incurred by a Medicaid patient that are beyond a contractual dollar threshold. These payments are in addition to the monthly capitation payment.

Fee-for-Service Payments–A direct payment of some or all of a Medicaid member’s medical bills not covered by other available insurance.

According to the Massachusetts Office of Medicaid, with certain exceptions, persons who are eligible for the Obamacare Medicaid expansion (age 21 to 64) must enroll in one of the state’s Medicaid Managed Care Plans.

The hard sell is on for states to privatize Medicaid, and many who are forced into Medicaid by Obamacare will also be forced into managed care plans as is the case in Massachusetts. This represents yet another noose around the necks of low-income and poor people since the three payments described above are recoverable from estates.

Once the limited estates of poor and low-income Americans have been taken to reimburse Medicaid, the U.S. will be left with a permanently poorer and more desperate population and will be faced with higher Medicaid costs as there will no longer be any private property to confiscate.

Pursuant to the Deficit Reduction Act of 2005 (DRA) and clarified in the Tax Relief and Health Care Act of 2006, states were given greater authority to impose and increase premium and cost-sharing charges on certain Medicaid enrollees, but despite these charges their estates are still subject to recovery. Under Obamacare, the government has a right to recover reimbursement from estates of those with lower incomes who are enrolled in Medicaid. Yet, individuals with higher incomes who qualify for a subsidized plan are also paying premiums subsidized by the government but are not subject to estate recovery.
http://kff.org/medicaid/issue-brief/deficit-reduction-act-of-2005-implications-for/
http://www.nytimes.com/2008/11/27/us/27medicaid.html?_r=0

Is it fair to impose estate recovery on Medicaid enrollees but not on other subsidy recipients? Is it fair if recovery adheres to the basic requirements in federal statute, but, thereafter, is based on state policy which differs from state to state and, thus, is not applied equally across the nation to all Medicaid enrollees at age 55 and up? Is targeting a specific age group fair? Or legal?

Equal protection is in the Constitution, but ever since the Supreme Court surrendered in the 1930s to President Franklin D. Roosevelt’s New Deal legislation, equal protection has been curtailed in the economic arena. The Supreme Court, unwilling to face down a President asserting previously unknown executive power, accepted the violation of the 14th Amendment in economic legislation in order to avoid being packed with FDR yes-men.

Obamacare was not written for the benefit of the poor and uninsured. It was written for the profits of the insurance companies giving them millions of new customers subsidized by U.S. taxpayers. The business of America is business. Private insurance company CEOs receive multi-million dollar pay packages, while under Obamacare low-income earners and the poor have to give up their homes and other assets in order to receive medical care.

Paul Craig Roberts was Assistant Secretary of the Treasury for Economic Policy and associate editor of the Wall Street Journal. He was columnist for Business Week, Scripps Howard News Service, and Creators Syndicate. He has had many university appointments. His internet columns have attracted a worldwide following. PCR's new book, HOW AMERICA WAS LOST, is now available: http://www.claritypress.com/RobertsAnthology.html

The Fed Has Not Learnt From The Crisis

http://www.forbes.com/sites/stevekeen/2015/03/28/the-fed-has-not-learnt-from-the-crisis/

The Financial Crisis of 2007 was the nearest thing to a “Near Death Experience” that the Federal Reserve could have had. One ordinarily expects someone who has such an experience—exuberance behind the wheel that causes an almost fatal crash, a binge drinking escapade that ends up in the intensive care ward—to learn from it, and change their behaviour in some profound way that makes a repeat event impossible.

Not so the Federal Reserve. Though the event itself gets some mention in Yellen’s speech yesterday (“Normalizing Monetary Policy: Prospects and Perspectives”, San Francisco March 27, 2015), the analysis in that speech shows that the Fed has learnt nothing of substance from the crisis. If anything, the thinking has gone backwards. The Fed is the speed driver who will floor the accelerator before the next bend, just as he did before the crash; it is the binge drinker who will empty the bottle of whiskey at next year’s New Year’s Eve, just as she did before she woke up in intensive care on New Year’s Day.

So why hasn’t The Fed learnt? Largely because of a lack of intellectual courage. As it prepares to manage the post-crisis economy, The Fed has made no acknowledgement of the fact that it didn’t see the crisis itself coming. Of course, the cause of a financial crisis is far less obvious than the cause of a crash or a hangover: there are no skidmarks, no empty bottle to link effect to cause. But the fact that The Fed was caught completely unawares by the crisis should have led to some recognition that maybe, just maybe, its model of the economy was at fault...

INTERESTING ARTICLE...UNUSUAL PLACEMENT!

The Amazing Story of Ray McGovern

Former CIA analyst Ray McGovern Sues State Dept. for Putting Him on Watch List

http://www.informationclearinghouse.info/article37694.htm

Lawsuit Challenges Brutal Arrest at Clinton speech

U.S. District Court for the District of Columbia , Case No. Civil Action No. 14-215

February 19, 2014--The Partnership for Civil Justice Fund has filed a federal civil rights lawsuit on behalf of U.S. military veteran and former CIA analyst Ray McGovern against John Kerry, in his capacity as the Secretary of State, and against officers at George Washington University. (Click here to read the Civil Complaint: McGovern v. Kerry et al.)

The lawsuit was filed in U.S. District Court for the District of Columbia three years to the date of Mr. McGovern's brutal and false arrest at GWU during a speech of then Secretary of State Hillary Clinton. After the arrest, the PCJF uncovered that then 71-year-old McGovern was put on a "Be On the Look-Out" list, and agents were instructed to stop and question him on sight. The reasons cited included his "political activism, primarily anti-war" — a clearly unconstitutional order.

Circumstances of arrest

The circumstances of McGovern's 2011 arrest were marked by stinging irony. McGovern was brutalized and arrested after peacefully and silently standing with his back to Hillary Clinton as she gave a policy speech condemning authoritarian governments who repress dissenters and internet freedom.

As described in the Civil Complaint: "As Secretary Clinton was reading from her prepared remarks regarding Egypt’s dictatorship saying, 'Then the government pulled the plug,' the then-71-year-old McGovern was forcibly and falsely arrested by GWU police officers, grabbed by the head, assaulted, and as Secretary Clinton continued undisturbed stating, 'the government ... did not want the world to watch,' Mr. McGovern was removed from public view with excessive and brutal force, taken to jail, and left bleeding with bruises and contusions."
The complaint continues: "The Department of State then opened an investigation into Plaintiff McGovern, including specifically his lawful, protected political beliefs, activities, statements and associations which it kept open for nearly seven months, despite all charges having been dropped against Mr. McGovern and despite having determined that Mr. McGovern was engaged in no criminal activity." As the complaint states: "The Department of State issued a Be On The Lookout Alert ('BOLO Alert') for the then- 71-year-old McGOVERN which described his 'considerable amount of political activism, primarily anti-war,' displayed his picture and directed law enforcement that if Mr. McGOVERN was encountered, 'USE CAUTION, stop' and question him and contact the Department of State Diplomatic Security Command Center."

PCJF Executive Director Mara Verheyden-Hilliard stated: "Mr. McGovern's brutal arrest and his subsequent political targeting by the State Department stands in sharp contrast to the policy announcement that Secretary Clinton was delivering, which insisted that governments respect dissent and dissenters and their freedom of speech."


Carl Messineo, Legal Director of the PCJF, explained, "Mr. McGovern is a veteran who committed no crime. Yet the State Department carried out a purely political investigation of him and put him on the BOLO list in clear violation of his Fourth and First Amendment protections."


FOLLOW UP FROM WIKIPEDIA


...During a speech on February 16, 2011, at George Washington University by Secretary of State Hillary Clinton he stood silently with his back turned during her remarks, leading to his arrest for disorderly conduct and inclusion on the State Department's Diplomatic Security "Be On the Lookout" (BOLO) list of potential threats to Clinton due to his “considerable amount of political activism, primarily anti-war,” with instructions to Law Enforcement to detain and question him.

The charges were subsequently dropped, and in 2014 he won an injunction against the BOLO on First and Fourth Amendment grounds.


The complaint leading to this injunction also listed George Washington University and its Police Department as defendants for their arrest of him, and that part of the case against them was still in process as of September 2014.

http://en.wikipedia.org/wiki/Ray_McGovern



ANOTHER MAN'S PROTEST CAREER STORY: http://www.informationclearinghouse.info/article37706.htm

Hate the Super Rich? By Joel S. Hirschhorn

http://www.informationclearinghouse.info/article37502.htm

There are times when hatred is a needed, logical and moral stance to take. Evil, injustice and corruption are fine examples of what to appropriately hate. For the overwhelming majority of people it is now rational to hate the super rich, notably the thousands of billionaires holding most of the world’s wealth and wielding power over political and economic systems. They have been successfully raping the global economy and while doing that have kept increasing their wealth as well as economic inequality afflicting ordinary people. One dollar, one vote describes the new reality. Before discussing some basic reasons to hate the super rich consider some facts about them:

How many billionaires are there? According to the inaugural Wealth-X and UBS Billionaire Census 2013, the global billionaire population reached a record 2,170 individuals in 2013, with a combined net worth of $6.5 trillion. What happened after the most recent global economic meltdown? Some 810 individuals became billionaires since the 2009 global financial crisis. In other words, plain millionaires moved up to billionaire status. But the super rich include many more than the billionaires, because the top one percent on the economic scale have monster size wealth, according to a new report Working for the Few. The one percent of the richest people in the world have $110 trillion. That equates to some 65 times the total wealth of the bottom half of the world’s population. But among the millions of the top one percent, the richest 85 people, true billionaires, have wealth equal to the bottom half of the world’s population. As to the US, the wealthiest one percent captured 95 percent of post-financial crisis growth since 2009, while the bottom 90 percent became poorer. That leaves 9 percent, about 30 million Americans, in the upper class that did very well as they strive to make it into the top one percent.

When people talk about economic, wealth or income inequality they are really talking about the incredibly small fraction of the richest people relative to the larger population that still are not sharing in the global jackpot, no matter how hard they work. Inequality means that money is not being fairly distributed. There have been times in history when prosperity was shared, as in the several decades after World War II. No surprise that only 7 percent of Americans, according to a Gallup report, currently feel “very satisfied” with our nation’s distribution of income and wealth. Similarly, a new NBC/Wall Street Journal poll found that 81 percent of Americans believe the economy is working very or fairly well for the wealthy, compared to 22 percent for the middle class.

Why hate the super rich and the rising economic inequality that benefits them?


This distorted economic system means that democracy is more delusional than real. Consider this: Supreme Court Justice Louis Brandeis once said, “We must make our choice. We may have democracy, or we may have wealth concentrated in the hands of a few, but we can’t have both.” Truly wise words. The near total lack of public confidence in Congress, both major political parties and the whole political system by Americans goes hand-in-hand with the perverted economic system. You have every right to hate the super rich because for a long time in many visible and invisible ways they have intentionally manipulated the political system to create and maintain the unjust economic system. Their economic power gives them political power. Rather than one person one vote, think in terms of one dollar one vote.

  • Hate the super rich because their degree of wealth and power is obscene.

  • Hate the super rich because they persecute the vast majority of people worldwide. Some of the super rich play up their charitable activities, but that does not negate all the evil consequences of economic inequality on the daily lives of billions of people.

  • Hate the super rich because their greed is ungodly. If true democracy is to be restored, then Americans need to be much more than dissatisfied. They need to get more emotional. They need to hate. Then they must convert that hatred into political demands and actions.

    Contact Joel S. Hirschhorn through http://articlev.wix.com/statusquobuster
  • Millions of Americans Are Embarrassingly Ill-Informed – And They Do Not Care

    http://www.alternet.org/news-amp-politics/millions-americans-are-embarrassingly-ill-informed-and-they-do-not-care-0?akid=12926.227380.K_TB7w&rd=1&src=newsletter1033774&t=19

    Just how stupid are we? Pretty stupid, it would seem, when we come across headlines like this: "Homer Simpson, Yes -- 1st Amendment 'Doh,' Survey Finds" (Associated Press 3/1/06).

    "About 1 in 4 Americans can name more than one of the five freedoms guaranteed by the First Amendment (freedom of speech, religion, press, assembly and petition for redress of grievances.) But more than half of Americans can name at least two members of the fictional cartoon family, according to a survey.

    "The study by the new McCormick Tribune Freedom Museum found that 22 percent of Americans could name all five Simpson family members, compared with just 1 in 1,000 people who could name all five First Amendment freedoms."


    But what does it mean exactly to say that American voters are stupid? About this there is unfortunately no consensus. Like Supreme Court Justice Potter Stewart, who confessed not knowing how to define pornography, we are apt simply to throw up our hands in frustration and say: We know it when we see it. But unless we attempt a definition of some sort, we risk incoherence, dooming our investigation of stupidity from the outset. Stupidity cannot mean, as Humpty Dumpty would have it, whatever we say it means.

    Five defining characteristics of stupidity, it seems to me, are readily apparent.

    First, is sheer ignorance: Ignorance of critical facts about important events in the news, and ignorance of how our government functions and who's in charge.

    Second, is negligence: The disinclination to seek reliable sources of information about important news events.

    Third, is wooden-headedness, as the historian Barbara Tuchman defined it: The inclination to believe what we want to believe regardless of the facts.

    Fourth, is shortsightedness: The support of public policies that are mutually contradictory, or contrary to the country's long-term interests.

    Fifth, and finally, is a broad category I call bone-headedness, for want of a better name: The susceptibility to meaningless phrases, stereotypes, irrational biases, and simplistic diagnoses and solutions that play on our hopes and fears.


    SO, LIFE ON A CONDO BOARD...


    ... (The old joke is that "War is God's way of teaching Americans geography." But it was never clear until the postwar period how ignorant Americans are. For it was only then that social scientists began measuring in a systematic manner what Americans actually know. The results were devastating. The most comprehensive surveys, the National Election Studies (NES), were carried out by the University of Michigan beginning in the late 1940s. What these studies showed was that Americans fall into three categories with regard to their political knowledge. A tiny percentage know a lot about politics, up to 50%-60% know enough to answer very simple questions, and the rest know next to nothing.

    Contrary to expectations, by many measures the surveys showed the level of ignorance remaining constant over time. In the 1990s, political scientists Michael X. Delli Carpini and Scott Keeter concluded that there was statistically little difference between the knowledge of the parents of the Silent Generation of the 1950s, the parents of the Baby Boomers of the 1960s, and American parents today. (By some measures, Americans are dumber today than their parents of a generation ago.)

    I'M BOOK-MARKING THAT ONE

    QUERY: HOW DO YOU DEAL WITH THE IGNORANT OF EACH AND EVERY CATEGORY? A PERSON COULD GO MAD

    Weekend Economists Go Eat Worms March 27-29, 2015



    Demeter is in a blue funk...and nobody else came up with a theme, so I'm indulging in moodiness.

    The theory is, if you do enough of it, you begin laughing at yourself for being so ridiculously silly, and the mood lifts. Or you think of something more interesting to do...

    Nobody likes me, everybody hates me,
    I think I'll go eat worms!
    Big fat juicy ones,
    Eensie weensy squeensy ones,
    See how they wiggle and squirm!

    Down goes the first one, down goes the second one,
    Oh how they wiggle and squirm!
    Up comes the first one, up comes the second one,
    Oh how they wiggle and squirm!

    I bite off the heads, and suck out the juice,
    And throw the skins away!
    Nobody knows how fat I grow,
    On worms three times a day!

    Nobody likes me, everybody hates me,
    I think I'll go eat worms!
    Big fat juicy ones,
    Eensie weensy squeensy ones,
    See how they wiggle and squirm!

    This song was originally posted at:
    http://bussongs.com/songs/nobody-likes-me-worms.php


    More variations on the theme at: http://pieceoplastic.com/index.php/668/finally-the-complete-worm-song/

    The market's had a hard week, as well. Friday's DJIA was struggling to show one positive day this week...with 1.5 hours to go as I compose this, barely 18 points in the green. total loss for the week so far: 450 points. And that's after adding Apple to the Index!

    And US foreign policy has been eating bitter weeds--losing Yemen, losing control of Ukraine, losing the House of Representatives (well, it's a foreign land now, isn't it?), not even getting around to meddling in Greece or Europe or the Stans....

    So what's a nation to do? Dig out the Moody Blues!




    DJIA managed to squeeze out 34 points and change....still down 450 for the week.

    How Exciting: The Birth of a New Official Enemy! By Jacob G. Hornberger

    http://fff.org/2015/03/13/exciting-birth-new-official-enemy/

    There are few events more exciting in people’s lives than the birth of a child. Similarly, there is always a tremendous air of excitement that comes with the birth of a New Official Enemy of the U.S. national-security state. This past week, the American people got to experience this exciting event in the life of the national-security state. Through an official decree issued by President Obama declaring that Venezuela now poses a grave threat to the “national security” of the United States, a new official enemy — Venezuela — was brought into existence as the latest Official Enemy of the U.S. Empire.

    How exciting is that!

    How exactly does Venezuela pose a grave threat to U.S. “national security”? Unfortunately, Obama didn’t exactly make that clear, but who cares? What matters is that United States has a brand new member of the Official Enemy family. Making Venezuela a new Official Enemy enabled Obama to unilaterally impose sanctions on select officials within the Venezuelan government. But as the Iraqis, Iranians, Cubans, Russians, North Koreans, and others will attest, limited sanctions are just the beginning. Gradually, Obama will use his decree powers to expand his Venezuelan sanctions with the aim of causing as much economic harm to the Venezuelan people as possible.

    What’s the purpose of the sanctions? The same purpose sanctions served in Cuba, Iraq, and others: regime change. The idea is that by economically strangling the Venezuelan people to the maximum extent possible, they will oust Maduro from power and replace him with a pro-U.S. dictator, perhaps even through a military coup, like in Chile.

    And make no mistake about it: No amount of death and destruction is too small in the attempt to achieve regime change. Recall U.S. Ambassador to the UN Madeleine Albright’s infamous declaration that the deaths of half-a-million Iraqi children from the sanctions against that country were “worth it.”

    MORE BRUTAL COLD FACTS AT LINK

    Classic Dave Barry from 1995

    WARNING: DO NOT READ THIS WHILE EATING OR DRINKING...YOU COULD CHOKE TO DEATH WHILE LAUGHING

    http://www.miamiherald.com/living/liv-columns-blogs/dave-barry/article16061147.html#emlnl=Dave_Barry_Newsletter

    This Dave Barry column was originally published Sunday, March 5, 1995


    The problem with hunting, as a sport, is that it's not competitive. A guy with a shotgun squats in a swamp; an unarmed duck with an IQ of maybe four flies overhead; the guy blasts the duck into individual duck molecules. Where is the challenge here? Where is the contest?

    Fortunately, I have a solution...

    Read more here: http://www.miamiherald.com/living/liv-columns-blogs/dave-barry/article16061147.html#emlnl=Dave_Barry_Newsletter#storylink=cpy

    How The US Government and US Military Became Murder, Inc. By Paul Craig Roberts

    http://www.informationclearinghouse.info/article41350.htm

    Andrew Cockburn has written a must-read book. The title is Kill Chain: The Rise Of The High-Tech Assassins. The title could just as well be: How the US Government and US Military Became Murder, Inc.


    The US military no longer does war. It does assassinations, usually of the wrong people. The main victims of the US assassination policy are women, children, village elders, weddings, funerals, and occasionally US soldiers mistaken for Taliban by US surveillance operating with the visual acuity of the definition of legal blindness.

    Cockburn tells the story of how the human element has been displaced by remote control killing guided by misinterpretation of unclear images on screens collected by surveillance drones and sensors thousands of miles away. Cockburn shows that the “all-seeing” drone surveillance system is an operational failure but is supported by defense contractors because of its high profitability and by the military brass because general officers, with the exception of General Paul Van Ripper, are brainwashed in the belief that the revolution in military affairs means that high-tech devices replace the human element. Cockburn demonstrates that this belief is immune to all evidence to the contrary. The US military has now reached the point that Secretary of Defense Hagel deactivated both the A-10 close support fighter and the U-2 spy plane in favor of the operationally failed unmanned Global Hawk System. With the A-10 and U-2 went the last platforms for providing a human eye on what is happening on the ground.

    The surveillance/sensor technology cannot see human footprints in the snow. Consequently, the drone technology concluded that a mountain top was free of enemy and sent a detachment of unsuspecting SEALS to be shot up. Still insisting no enemy present, a second group of SEALS were sent to be shot up, and then a detachment of Army Rangers. Finally, an A-10 pilot flew over the scene and reported the enemy’s presence in force...By 2012 even the US Air Force, which had been blindly committed to the unmanned drone system, had experienced more failure than could any longer be explained away. The Air Force admitted that the 50-year old U-2 could fly higher and in bad weather and take better pictures than the expensive Global Hawk System and declared the Global Hawk system scrapped. The decision was supported by the 2011 report from the Pentagon’s test office that the drone system was “not operationally effective.” Among its numerous drawbacks was its inability to carry out assigned missions 75% of the time. The Chairman of the Joint Chiefs of Staff told Congress that in addition to the system’s unacceptable failure rate, the drone system “has fundamentally priced itself out of our ability to afford it.”

    As Cockburn reports: “It made no difference. Congress, led by House Armed Services Committee Chairman Buck McKeon and Democratic Congressman Jim Moran (whose northern Virginia district hosts the headquarters of both Northrop and Raytheon) effortless brushed aside these pleas, forcing the Air Force to keep buying the unwanted drone.”

    MORE

    The Only Truly Compliant, Submissive Citizen in a Police State Is a Dead One By John W. Whitehead

    http://www.informationclearinghouse.info/article41344.htm



    “Do exactly what I say, and we'll get along fine. Do not question me or talk back in any way. You do not have the right to object to anything I may say or ask you to do, or ask for clarification if my demands are unclear or contradictory. You must obey me under all circumstances without hesitation, no matter how arbitrary, unreasonable, discriminatory, or blatantly racist my commands may be. Anything other than immediate perfect servile compliance will be labeled as resisting arrest, and expose you to the possibility of a violent reaction from me. That reaction could cause you severe injury or even death. And I will suffer no consequences. It's your choice: Comply, or die.”

    — “‘Comply or Die’ policing must stop,” Daily KOS
    http://www.dailykos.com/story/2014/12/04/1349342/--Comply-or-Die-policing-must-stop#.



    Americans as young as 4 years old are being leg shackled, handcuffed, tasered and held at gun point for not being quiet, not being orderly and just being childlike—i.e., not being compliant enough.

    Americans as old as 95 are being beaten, shot and killed for questioning an order, hesitating in the face of a directive, and mistaking a policeman crashing through their door for a criminal breaking into their home—i.e., not being submissive enough.

    And Americans of every age and skin color are being taught the painful lesson that the only truly compliant, submissive and obedient citizen in a police state is a dead one.

    It doesn’t matter where you live—big city or small town—it’s the same scenario being played out over and over again in which government agents, hyped up on their own authority and the power of their uniform, ride roughshod over the rights of the citizenry. In turn, Americans are being brainwashed into believing that anyone who wears a government uniform—soldier, police officer, prison guard—must be obeyed without question.

    MORE

    John W. Whitehead is an attorney and author who has written, debated and practiced widely in the area of constitutional law and human rights. Whitehead's concern for the persecuted and oppressed led him, in 1982, to establish The Rutherford Institute, a nonprofit civil liberties and human rights organization whose international headquarters are located in Charlottesville, Virginia. Whitehead serves as the Institute’s president and spokesperson. https://www.rutherford.org
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