The Coder Is In: How the Economic Bill of Rights has been usurped by The Patient Protection and
Affordable Care Act (PPACA) PPACA = The Patient Protection and Affordable Care Act:
• Signed into law by President Barack Obama on March 23, 2010 and finalized on February 10, 2012 by
HHS Secretary Kathleen Sebelius with an added requirement of provisions for "preventive services" for
women that eliminates co-pays and/or deductibles with almost every insurer nationally.
Under the PPACA, individuals that do not have health insurance due to non-coverage by employer- or
government-sponsored insurance plans or have chosen to abstain from health insurance coverage for any
variety of reasons – will now be required to maintain the minimum as designated by The Act, or suffer a
penalty (referred to as Shared Responsibility) unless exempted for religious beliefs or financial hardship.
This is encapsulated under the provision entitled - the Individual Mandate. Additionally, The Act also
requires coverage of all Abortions under the Abortion Mandate. On the plus side, coverage can no longer
be denied to Americans under the all too familiar Pre-existing Conditions clause that many insurance plans
utilize as a loop hole in order to deny care for medically necessary treatment and care.
One Mandate at a Time:
The Individual Mandate –
Effective January 2014, the majority of Americans are required to purchase one of the offered ObamaCare
insurance plans or they will be subject to what is being referred to as part of the cost sharing under the
PPACA.
Sharing The Responsibility
It may sound as if serves the greater good but individuals and employees that decline health insurance in
2014 will be responsible for paying the greater of either the cost of the average plan offered or 1% of
their salary in the first year of non-coverage, 2% the second year, with a maximum imposed of 2.5% for
the 3rd year and beyond. For employed Americans, this means that they will see this cost sharing as a
part of their individual tax returns.
Effective in 2016, which is when the last leg of the “shared responsibility payment” matures, the penalty
owed for not having coverage will be the greater of 2.5 percent of your income or $695.
Although there is no current provision listed that would allow for criminal prosecution of Americans who
do not have health insurance and are unable to pay the shared responsibility payment – I will venture a
guess and say that there is potential for employed Americans to be prosecuted via the IRS under possible
Tax Evasion laws if they do not honor the shared responsibility payment when it becomes effective.
A Breakdown of the Individual Mandate Surtax as of January 2012:
1 Adult
2
Adults
3+ Adults
2014
2015
2016 +
1% AGI/$95
2% AGI/$325
2.5%
AGI/$695
1% AGI/$190
2% AGI/$650
2.5%
AGI/$1390
1% AGI/$285
2% AGI/$975
2.5%
AGI/$2085
The Abortion Solution – The Governments re-invention of Roe V Wade:
The Abortion Mandate has been cleverly concealed within the contents of the Individual Mandate and
thusly requires all persons with insurance coverage via State Exchanges (which includes elective
abortion coverage) to pay a separate premium straight from their paychecks to fund all types of
elective abortion.
Due to the verbiage contained within The Individual Mandate- there is a provision that requires insured
Americans to pay towards what the HHS mandate covers – and since the HHS mandate applies to all
plans, so it requires all Americans who maintain coverage within designated plans to pay the Abortion
Premium.
ROI on Obamacare’s Abortion Mandate – paid for by subsidies of the American Dream:
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Premium will not cost less than $1 per month per enrollee but does not say how much more it
could cost .
This separate charge will go directly into an abortion-on-demand fund established by ObamaCare
to cover all types of elective abortions - surgical, chemical, late term, etc.
Premium is taken directly from a paycheck and put directly into an abortion-on-demand fund
Average cost of an abortion is $450.
There are a record 1.2 million abortions per year in the U.S. (Guttmacher Abortion Costs,
Guttmacher Abortion Statistics)
Statistics from the U.S. DOL reflects an estimated 154,000,000 employed Americans
Prospectively speaking, if just fifty percent of future Obama compliant plans provide for the
Abortion Premium, at a minimum of $1 PEPM (per employee per month), the estimated ROI for
the Abortion Mandate rockets to a jaw dropping $924,000,000. (Bureau of Labor Statistics May
2012 Pg. 5)
This allows for an ROI that would potentially subsidize several million abortions per year whether
medically necessary or not from earnings of American workers.
The Smoking Gun
While the majority of Obamacare compliant plans provide for coverage of abortion premiums, there are
several that do not. So how does the Abortion mandate circumvent the potential for employees
becoming wise and choosing plans that do not have this provision? By restricting advance
communication between the plans and the insured.
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It may “only” be disclosed in the fine print of the “summary of benefits and coverage explanation, at
the time of enrollment.”
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Employees will have to exercise due diligence and read ALL the fine print pre-enrollment or will
otherwise discover that they are part of a plan with the Abortion premium post-enrollment when
they reconcile their paychecks and see the separate surcharge applied (ObamaCare Sec. 1303(b)(1)
& (2), Pg. 780)
The Argument(s):
It has been argued that the subsidization of abortions violates existing federal law under The Hyde
Amendment, and states that federal funding for any part of a health insurance package that covers
elective abortions is prohibited (see Consolidated Appropriations Act of 2012, Pub. L. No. 112-74, div. F,
tit. V., § 506(b), 125 Stat 786, Pg. 1111)
I would care to argue on a broader scale and bring into the forum several of the “Rights” that FDR put
forth for ALL Americans under the Economic Bill of Rights:
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The right to adequate medical care and the opportunity to achieve and enjoy good health
The right to adequate protection from the economic fears of old age, sickness, accident, and
unemployment
Coder’s Comment: The above “Rights” are meant for ALL Americans and I agree that these should be
protected and provided to ALL – however, I find it hard to believe that FDR intended for “Abortions”
which are elective in nature and are not due to any of the following conditions: medically necessary, the
result of rape, compromised fetus, endangerment to the mother or due to under age sex should be
included as a part of these “Rights”.
Willful refusal to practice birth control and secondly to practice safe sex in this day and age is personally
a gross indifference and apathetic attitude towards life in general. Furthermore, I don’t feel that this
should be imposed on ANY Americans. If the government wishes to provide for these types of Abortions,
and foster an environment of apathy and indifference towards human life and responsibility, then fine, let
the government fund it out of the Capital Hill Lunch Fund – and continue to promote the idealogy that
Abortion is an acceptable mode of birth control.
Coder’s Note: I am not a Pro-Lifer nor am I Pro-Abortion – I am Pro-Responsible.
As a prior coder of numerous Abortion procedures that were simply the result of refusal to practice birth
control or abstinence and resulted in some horrific late term abortions, etc., I can tell you that I would
literally get sick to my stomach after reading some of the reports that did not sugar coat the procedure
and ultimate demise of the fetus or the repeat abortions by women of all ages.
Abortion Procedures at a glance:
First Trimester: 90% of abortions are performed early in pregnancy.
Second Trimester: 9% of abortions are performed in mid-pregnancy. Some of these are elective
abortions. Primarily most abortions occur at this stage of pregnancy upon results obtained from an
ultrasound or amniocenteses which revealed a severe fetal genetic defect, like Down's syndrome or
spinal bifida.
Third Trimester : Fewer than 1% of all abortions are performed in late pregnancy. They are prohibited
by state and provincial medical associations, unless the fetus is dead, the abortion is required to save the
life of the woman, very young pregnant female, or a pregnancy which resulted from a rape or incest, or it
is needed to avoid very serious health complications.
Abortions are performed using a variety of techniques:
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Through medication Using Methotrexate & Misoprostol or RU-486
By manual vacuum aspiration
By a surgical procedure
Some of the ICD9 codes that are used for Abortion:
635 Legally induced abortion
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635.7 Legally induced abortion with other specified complications
635.8 Legally induced abortion with unspecified complication
635.9 Legally induced abortion without mention of complication
636 Illegally induced abortion
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636.7 Illegally induced abortion with other specified complications
636.8 Illegally induced abortion with unspecified complication
636.9 Illegally induced abortion without mention of complication
637 Abortion, unspecified as to legality
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637.7 Abortion, unspecified as to legality, with other specified complications
637.8 Abortion, unspecified as to legality, with unspecified complication
637.9 Abortion, unspecified as to legality, without mention of complication
638 Failed attempted abortion
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638.7 Failed attempted abortion with other specified complication
638.8 Failed attempted abortion with unspecified complication
638.9 Failed attempted abortion without mention of complication
I would like to leave you with this quote from a great man: Franklin Delano Roosevelt on the Economic
Bill of Rights – which even though written over six decades ago, ironically compares with the end of the
current war in the Middle East.
“It is our duty now to begin to lay the plans and determine the strategy for the winning of a lasting peace
and the establishment of an American standard of living higher than ever before known. We cannot
be content, no matter how high that general standard of living may be, if some fraction of our people
— whether it be one-third or one-fifth or one-tenth — is ill-fed, ill-clothed, ill-housed, and insecure.”
All of these rights spell security. And after this war is won we must be prepared to move forward, in the
implementation of these rights, to new goals of human happiness and well-being. America's own
rightful place in the world depends in large part upon how fully these and similar rights have been
carried into practice for our citizens.
FDR January 11, 1944