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DJP Update 7-11-2012 Travels, PPACA, and interviews

DJP Update 7-11-2012 Travels, PPACA, and interviews

The debate continues after the Supreme Court ruling on the Patient Protection and Affordable Care Act (PPACA).

You already know why I believe the law, PPACA, is not the solution to quality, cost, and access in medical care.  I have written about it in this blog and in Op-Eds with former AMA presidents Dr. Bill Plested and Dr. Daniel “Stormy” Johnson.  We offered an alternative.  It is not new.  The components can be found in long-standing AMA policy.  I spoke about getting government out of the practice of medicine when I first testified to Congress, namely, in 1976, before the Health Subcommittee of the U.S. House of Representatives hearing on National Health Insurance.

Now that the Supreme Court has ruled the individual mandate is constitutional as a tax.  (But not constitutional under the Commerce Clause).

Page 58:  The individual mandate cannot be upheld as an exercise of Congress’s power under the Commerce Clause. That Clause authorizes Congress to regulate interstate commerce, not to order individuals to engage in it.

So it stands as a tax.  The Supreme Court is the final word but Chief Justice Roberts added these comments in the majority decision:

Page 44:  Because the Constitution permits such a tax, it is not our role to forbid it, or to pass upon its wisdom or fairness.

Page 6:  Members of this Court are vested with the authority to interpret the law; we possess neither the expertise nor the prerogative to make policy judgments.  Those decisions are entrusted to our Nation’s elected leaders, who can be thrown our of office if the people disagree with them.  It is not our job to protect the people from the consequences of their political choices.

The question now is how will the practicing physician and the patients participate and get the people who make the laws understand what is happening to the practice of medicine.  It is important for every doctor to communicate to those in office and running for office what actually happens with new laws, regulations, and price-fixing.  Grousing around the coffee pot is not enough.  You can get letters in the newspapers, comment on radio or TV, and visit your member of Congress when back in home district.  The practice of medicine is at risk.

Here are some recent media events I participated in.  There will be lots of them this week in multiple states.

The links of a few are here if you wish to view or hear.

PBS NEWSHOUR video

http://www.tv.com/shows/pbs-newshour/watch/from-hallelujah-to-sadness-stakeholders-react-2498982/

Podcast of Toledo radio show 1370 WSPD (podcast of yesterday’s interview with Brian Wilson via one of these links.)  Discussion of PPACA, SGR, IPAB, recent surveys of physicians, and an alternative to PPACA.

http://www.wspd.com/cc-common/podcast/single_page.html?podcast=Brian

http://www.wspd.com/player/?station=WSPD-AM&program_name=podcast&program_id=Brian.xml&mid=22251328

Article about my presentation at Buckeye Institute yesterday in Columbus, Ohio.  Here is an article in Columbus Dispatch that also has AMA comment the reporter obtained.

http://www.dispatch.com/content/stories/local/2012/07/11/coalition-fighting-new-health-care-law.html

It is unfortunate that the comments of Dr. Boyd Hoddinott, family practice physician in Bellefontaine, Ohio were not included as they were good.  He now is an American citizen who practiced for over 20 years in Canada.  He currently is the Health Commissioner for Logan County in Ohio and shared important information about waiting lists.  It is important to hear from patients and doctors who practice in other systems.

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Remember, if we as physicians keep doing what we have been doing to effect proposed laws and present laws, we will keep getting the same results.  We all need to be more involved and speak up.  It is on our watch and some of us are about to leave the field of advocacy as the years flee by.  Don’t be intimidated by others.  And when others try to attack you and change the real issues in the debate, remind everyone what the debate issues are and how sad it is that the opponent has to do personal attacks rather than dealing with the issues.  Do your homework, have courage, and don’t give up.  That is what liberty is all about.  It is not secure unless you stand up for it.  Resist coercion.

Stay well.
Donald

P.S. check out some recent tweets at:  www.Twitter.com/DJPNEWS

Some past selected DJP Updates can be found at: www.DJPupdate.com
Donald J. Palmisano, MD, JD
Intrepid Resources® / The Medical Risk Manager Company
5000 West Esplanade Ave., #432
Metairie, LA 70006
USA
504-455-5895 office
504-455-9392 fax
DJP@donaldpalmisano.com
www.donaldpalmisano.com
www.onleadership.us
DJP Updates:  www.DJPupdate.com
Twitter:  www.twitter.com/DJPNEWS
YouTube:  http://www.youtube.com/user/IntrepidResources
This DJP Update goes to over 2300 leaders in Medicine representing all of the State Medical Associations and over 100 Specialty Societies plus some other friends.
You can share it with your members and it has the potential to reach 800,000 physicians.
To join the list, send me an  email stating “Join DJP Update”
To get off the list, state ” Remove DJP Update” in subject line.

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DJP Update 6-28-2012 Supreme Court decision on PPACA and DJP on PBS NewsHour tonight

DJP Update 6-28-2012 Supreme Court decision on PPACA and DJP on PBS NewsHour tonight

What a day!  SCOTUS ruled PPACA constitutional (5-4) except the Medicaid expansion, namely, the Medicaid expansion violates the Constitution by threatening states with the loss of their existing Medicaid funding if they decline to comply with the expansion.

A very important part of the decision is the individual mandate was found not to be permitted under the Commerce Clause  nor can it be sustained under the Necessary and Proper Clause.
But, the individual mandate was found to be constitutional because the Court declared it a tax.  A TAX!  One of many in the law.

Not using the Commerce Clause is VERY IMPORTANT.  If it had been used, that would give the potential for massive expansion of government power.

A very long opinion.  I am studying it.

Now the battle will continue in Congress and at the ballot box.

Do your homework, have courage, and don’t give up.  I still believe PPACA is a disaster and will fail if not repealed.  There is a better way to increase access, maintain quality, and decrease costs.    You can find it in AMA PolicyFinder.  You also can find it in Op-Eds by for AMA presidents Drs. Bill Plested, Stormy Johnson, and myself.

PPACA will decrease access to care with the price-fixing and tangled web of regulations that frustrate doctors and patients.

You can check some of the tweets I did from the front of the  Supreme Court today.  Includes a photo plus a brief video to show crowds.  But I am confident you will see the same scenes via TV.

I will on PBS NewsHour tonight.  There will be a panel of four..  I will be the physician on the panel.  Tune in.

Our segment is scheduled live at 6:30 p.m. Eastern.

Stay well.  Don’t give up!

Donald

Stay well!

Donald

P.S. check out some recent tweets at:  www.Twitter.com/DJPNEWS

Some past selected DJP Updates can be found at: www.DJPupdate.com
Donald J. Palmisano, MD, JD
Intrepid Resources® / The Medical Risk Manager Company
5000 West Esplanade Ave., #432
Metairie, LA 70006
USA
504-455-5895 office
504-455-9392 fax
DJP@donaldpalmisano.com
www.donaldpalmisano.com
www.onleadership.us
DJP Updates:  www.DJPupdate.com
Twitter:  www.twitter.com/DJPNEWS
YouTube:  http://www.youtube.com/user/IntrepidResources
This DJP Update goes to over 2300 leaders in Medicine representing all of the State Medical Associations and over 100 Specialty Societies plus some other friends.
You can share it with your members and it has the potential to reach 800,000 physicians.
To join the list, send me an  email stating “Join DJP Update”
To get off the list, state ” Remove DJP Update” in subject line.

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DJP Update 6-27-2012 U.S. Supreme Court decision on PPACA healthcare law at 10:00 a.m. Eastern Time 6-28-2012!

Dateline: Washington, DC

DJP Update 6-27-2012 U.S. Supreme Court decision on PPACA healthcare law at 10:00 a.m. Eastern Time 6-28-2012!

We will know the answer in the morning at 10:00 a.m.  I will be on the steps of the U.S. Supreme Court at that time.

I have been doing TV, radio, and print interviews in Washington, DC and Virginia on the pending case and what is the alternative to PPACA.

Stay tuned.

Pundits and legal scholars abound with opinions predicting opposite outcomes.  It is a credit to the U.S. Supreme Court that the Justices can keep a secret.

You know my view.  Individual mandate unconstitutional by 5-4 or 6-3 vote.  Greater than 50% chance entire law falls.
Others say the entire law will be upheld.  If upheld, the law will fail on its own if not repealed.  That is my view.

We shall see SOON.

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Read the Wickard v. Filburn in preparation for U.S. Supreme Court decision in morning on PPACA.  Link in tweet.  Fascinating case about government and the court saying a man can’t grow wheat on his property for his own use beyond what the government says!

DJPNEWS
From friend and scholar, Prof John Q. Barrett, re Wickard v. Filburn (1942) case = impt role in morn’s #SCOTUS #PPACA http://t.co/5sxCcbOg
6/27/12 9:23 PM

Here is an encouraging analysis of what the Supreme Court might say at 10 a.m. Eastern Time in morning.

Why the Whole Health Care Law Is in Jeopardy | RealClearPolitics bit.ly/MTKi3c

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Fun! I won the contest to be the first to get right answer!  Answer:  Senator Barrasso.  I won a retweet to 63,486 of their followers on Twitter.

DJPNEWS
Barrasso RT @Senate_GOPs: This GOP Sen served as a rodeo physician Prof Rodeo Cowboy’s Assoc. 1st correct answer gets an RT. #SenGOPtrivia
6/27/12 12:49 PM

DJPNEWS
Thanks!! RT @Senate_GOPs: Correct! Thanks for participating. #FF MT @DJPNEWS: Barrasso #SenGOPtrivia
6/27/12 1:19 PM

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Stay well!

Donald

P.S. check out some recent tweets at:  www.Twitter.com/DJPNEWS

Some past selected DJP Updates can be found at: www.DJPupdate.com
Donald J. Palmisano, MD, JD
Intrepid Resources® / The Medical Risk Manager Company
5000 West Esplanade Ave., #432
Metairie, LA 70006
USA
504-455-5895 office
504-455-9392 fax
DJP@donaldpalmisano.com
www.donaldpalmisano.com
www.onleadership.us
DJP Updates:  www.DJPupdate.com
Twitter:  www.twitter.com/DJPNEWS
YouTube:  http://www.youtube.com/user/IntrepidResources
This DJP Update goes to over 2300 leaders in Medicine representing all of the State Medical Associations and over 100 Specialty Societies plus some other friends.
You can share it with your members and it has the potential to reach 800,000 physicians.
To join the list, send me an  email stating “Join DJP Update”
To get off the list, state ” Remove DJP Update” in subject line.

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DJP Update 6-25-2012 Now in Washington, DC for SCOTUS PPACA decision and media

DJP Update 6-25-2012 Now in Washington, DC for SCOTUS PPACA decision and media

I arrived in Washington, DC yesterday afternoon so that I can be present when the U.S. Supreme Court renders its opinion on The Patient Protection and Affordable Care Act (PPACA).  I also will be doing media.

The decision will be handed down either today or Wednesday.  Long shot is Thursday but my prediction some months ago was Wednesday.  Only those in the Court really know.
My prediction is 5-4 or 6-3 ruling individual mandate unconstitutional and a greater than 50% chance the entire law falls.  But only the Justices know!

Here are some recent tweets and retweets I did about the issue.

As I was arriving in D.C., I snapped a photo from the plane.  See it here http://twitpic.com/a06ust  (full tweet below).  Do you see the U.S. Supreme Court?  Look carefully.  Hint: the court has 9 columns and a peaked roof.  The Washington Monument, the Capitol, and the WWII Memorial are noted without difficulty.

Also, note that Dr. Stormy Johnson, former AMA president,  has joined the Twitter Revolution and is tweeting today from a far away place outside of the USA.  Go Stormy!  And follow his tweets @dhjjr
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15m   Donald Palmisano ‏@DJPNEWS
Wickard v. Filburn, 317 U.S. 111 (1942) + US Const Art. I, Sec. 8, clause 3 = impt role pending #SCOTUS #PPACA case http://tinyurl.com/342j4
————-

48m   Donald Palmisano ‏@DJPNEWS
Such laws stifle competition. Gov meddling RT @amednews: Physicians sue over long-standing certificate-of-need mandate http://bit.ly/NruPV5
————-

1h   Donald Palmisano ‏@DJPNEWS
Unfortunately, not #PPACA RT @ptarkkonen: “Simplicity is the ultimate sophistication.” -Leonardo Da Vinci #quote
————

1h   Donald Palmisano ‏@DJPNEWS
More knots than Gulliver had from Lilliputians RT @ycbuten: Column: If ObamaCare survives, legal battle has just begun http://usat.ly/L86xQz
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1h   Donald Palmisano ‏@DJPNEWS
Yes! http://tinyurl.com/7g6y36n MT @dhjjr: #SCOTUS Regardless of decision #hcr must include expand choice, indiv ownership and defined contrib
———-

12h   AssocAmerPhys&Surg ‏@AAPSonline
RT @JOrient Obamacare will die at least 1 of 3 deaths: judicial, political or economic @miltonwolfmd #ObamaCare http://www.washingtontimes.com/news/2012/jun/21/after-obamacare-997809127/ #tcot

Retweeted by Donald Palmisano12h
—————

Donald Palmisano ‏@DJPNEWS
Photo at arrival in Washington, DC 6-24-2012 to do media for #SCOTUS decision this week re #PPACA – See Supreme Ct http://twitpic.com/a06ust
———–    •

13h   Donald Palmisano ‏@DJPNEWS
Great! Read. Watch video. #PPACA Patients will lose access RT @Heritage: Top Five Reasons Obamacare Is Bad for Doctors http://herit.ag/77U
——–
Stay well!

Donald

P.S. check out some recent tweets at:  www.Twitter.com/DJPNEWS

Some past selected DJP Updates can be found at: www.DJPupdate.com
Donald J. Palmisano, MD, JD
Intrepid Resources® / The Medical Risk Manager Company
5000 West Esplanade Ave., #432
Metairie, LA 70006
USA
504-455-5895 office
504-455-9392 fax
DJP@donaldpalmisano.com
www.donaldpalmisano.com
www.onleadership.us
DJP Updates:  www.DJPupdate.com
Twitter:  www.twitter.com/DJPNEWS
YouTube:  http://www.youtube.com/user/IntrepidResources
This DJP Update goes to over 2300 leaders in Medicine representing all of the State Medical Associations and over 100 Specialty Societies plus some other friends.
You can share it with your members and it has the potential to reach 800,000 physicians.
To join the list, send me an  email stating “Join DJP Update”
To get off the list, state ” Remove DJP Update” in subject line.

Read More