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CCHF Health Freedom eNews

October 1, 2014


Are You Ready for Ebola?

Ebola has officially arrived in the United States. An infected man traveling from Liberia was diagnosed in Texas. A person close to him may also be infected. Officials assure the American public that Ebola is not easily spread; that it requires close contact with bodily fluids. They say the disease is contained to the man's family and close friends. They are monitoring 12-18 people so far, including 5 children.

Could Ebola jeopardize your freedom in unexpected ways? Many states, including Texas, have enacted a version of the controversial "Model State Emergency Health Powers Act (MSEHPA)," which was published by HHS in the wake of the 9/11/2001 terrorist attack on American soil. Its preamble states:

"In the wake of the tragic events of September 11, 2001, our nation realizes that the government's foremost responsibility is to protect the health, safety, and well being of its citizens. ..."

The U.S. Department of Health and Human Services may have been looking for a national crisis to impose health powers on Americans. As we discovered in our research, HHS paid Professor Lawrence Gostin $300,000 a year for three years to create the model Act. And less than two months after the terrorist attack, a draft was issued. 

CCHF has an entire health powers webpage devoted to exposing government encroachment under the guise of "public health." Your donation of $25 today will help us continue this vital work to protect you against overreaching "health powers."

Following Gostin's Model Act word for word, the 2002 Minnesota MSEHPA bill, HF 2619, began with a list of seven purposes, including:

"(1) authorize the collection of data and records, the control of property, the management of persons, and access to communications."

The proposed powers were extensive. They included:

  • Required reporting of diagnoses, lab tests, and increased medication use.
  • National Guard and law enforcement under authority of state health commissioner.
  • Quarantine for the not-yet-sick (in-home or other facilities).
  • Isolation for the infected or those suspected of illness.
  • Individuals examined, tested, vaccinated and treated without consent.
  • Guns could be confiscated.
  • Police empowered to use firearms to impose quarantine and isolation. 
  • Hospitals and medical supplies (medication, ventilators, staff) placed under state control for rationing treatment.
  • Commandeering of vehicles, businesses and other property.
  • Limits on transportation, movement, and public gatherings.
  • Rationing of food, fuel, clothing, firearms, ammunition, any other commodities.
  • Health officials given temporary authority over legislature and Governor.

In 2002, a battle ensued nationwide over MSEHPA legislation. The American Legislative Exchange Council (ALEC) led the opposition in many states, informing legislators about the dangers to freedom, property and individual rights.

CCHF testified and lobbied against the 2002 Minnesota bill. We warned that quarantine was not without its risks if the symptom-free, but soon-to-be-ill are there too. The bill passed but we had some success. For example, much of the heavy-handed language was deleted, people got the right to enter (and stay in) quarantine to be with their family members, and we succeeded in prohibiting citizens from being examined, treated, vaccinated and tested against their will. 

A public health website, updated in January 2010, says thirty-eight (38) states have passed 66 bills or resolutions that "include provisions from or closely related to the Act." As of August 1, 2011, another site says only 10 states do not have some elements of the federal proposal. But just today, Democrats in Congress  wrote they want to shore up the health system.

If Ebola spreads, persuasion and prudence will be the most effective government "power." Americans respond well to information and poorly to massive shows of government force -- as the police discovered in Ferguson, Missouri. In Liberia, we saw photos of troops  shooting people fleeing quarantine because they had no food. This is not the kind of "health power" we need. 

While we wait to see if Ebola is truly contained, citizens should find out what their State government is empowered to do under a "public health emergency." Talk to your state legislators now about what the law could mean to your freedom, rights and safety if Ebola is not contained and shows up in your state.

Working for freedom's cause,

Twila Brase, RN, PHN
President and Co-founder


News to Know:

A Win Against Obamacare Subsidies! 

Yesterday, a federal judge ruled in State of Oklahoma vs Burwell, a lawsuit brought by Okla. Attorney General Scott Pruitt, that the federal Obamacare premium subsidies cannot be provided in the 36 states that do not have their own state-based Obamacare exchange. The Honorable Ronald A. White made clear his ruling is not political. After saying "a proper legal decision is not a matter of the court 'helping' one side or the other, he uses legal precedent from four other lawsuits to confirm the court's ruling: 

This is a case of statutory interpretation. "The text is what it is, no matter which side benefits." Bormes v. United States, 759 F.3d 793, 798 (7th Cir.2014). Such a case (even if affirmed on the inevitable appeal) does not "gut" or "destroy" anything. On the contrary, the court is upholding the Act as written. Congress is free to amend the ACA to provide for tax credits in both state and federal exchanges, if that is the legislative will. As the Act presently stands, "vague notions of a statute's 'basic purpose' are nonetheless inadequate to overcome the words of its text regarding the specific issue under consideration." Mertens v. Hewitt Assocs., 508 U.S. 248, 261 (1993) (emphasis in original). It is a "core administrative-law principle that an agency may not rewrite clear statutory terms to suit its own sense of how the statute should operate." Util. Air Regulatory Group v. EPA, 134 S.Ct. 2427,2446(2014). "But in the last analysis, these always-fascinating policy discussions are beside the point. The role of this Court is to apply the statute as it is written - even if we think some other approach might 'accor[d] with good policy.'" Burrage v. United States... 

Clinic Locked Out of Patient Data 

Data on 4,000 patients has been locked behind an "Access Denied" computer screen. The EHR vendor is holding the clinic "hostage" over a months-long billing dispute. When the clinic purchased the EHR system the agreed-upon maintenance fees were $300 a month, but the system was purchased by another company a few months later and the fees increased to $2,000 a month. The cost and dangers of Obama's EHR mandate (Feb 2009 Recovery Act) were never discussed before enactment.


50 States Get Dollars to Intrude 

Last week HHS announced nearly $212 million in Obamacare dollars to all 50 states and the District of Columbia. A total of 193 awards from the ACA Prevention and Public Health Fund, were made "to support programs aimed at preventing chronic diseases such as heart disease, stroke and diabetes" and "help Americans to live longer, healthier, and more productive lives." These are dollars that will encourage tracking of state populations through state registries of people with chronic conditions.

ACA Architect Chooses 75 Years of Life

Ezekiel Emanuel, architect of Obamacare and opponent of euthanasia, wants to live no longer than 75 years at which time he "will have lived a complete life." The article has 3,697 comments. He says a deadline "forces each of us to ask whether our consumption is worth our contribution." But at the end he claims, "I retain the right to change my mind and offer a vigorous and reasoned defense of living as long as possible. That, after all, would mean still being creative after 75." 

Tracking Your Pacemaker

A year ago, the FDA mandated the use of traceable codes -- unique device identifiers (UDIs) -- for medical devices. The 7-year phase-in of the requirement began last week. The FDA said UDI provides "a standard and unambiguous way to document device use in electronic health records, clinical information systems, claims data sources and registries, potentially making vast amounts of previously untapped clinical information available..."

New Obamacare Tax Form Means Higher Cost

"It is difficult to overstate how complicated these instructions are," says Tim Jost in Health Affairs. The IRS recently released draft instructions for IRS form 8962. Jost goes on to say, "Many of the mostly low income Americans...have been accustomed to filing very simple tax forms like the 1040-EZ (which cannot be used by an individual claiming a tax credit) or perhaps not to filing taxes at all." He hopes they'll get a well-trained tax preparers. This is a new expense Obama never mentioned. Maybe that will be a new job for Obamacare navigators.

Less Money in Tax Refund

Because Obamacare recipients had to guess their 2014 household income and/or failed to report a "life change" event (e.g. birth, bonus, marriage) they may be surprised at what they owe the government. The advance premium tax credit (the Obamacare premium subsidy paid to health plans by the IRS on behalf of Obamacare enrollees) may have to be paid back - partially or fully. USA Today reports, "Some married couples could owe $600 or $1,500 or $2,500 or even more."  (See CCHF recommendation in News Release below)    


UK's 3-Parent Embryo Battle Heat Up 

England's battle over transfer of 37 genes to rid embryos of mitochondrial disease is heating up. The health department claims, "Mitochondrial DNA comprises a very small proportion of total DNA...It is generally agreed by scientists that it is genes in our nuclear DNA...that shape our personal characteristics and traits." But New Scientist magazine, which initially agreed, now says it "raises the ethically troubling prospect...that children conceived in this way will inherit vital traits from three parents."


Belgium Agrees to Euthanize Prisoner 

Belgium is opposed to the death penalty, but a Belgium court has agreed to a 50-year old prisoner's request to be euthanized rather than serve a life sentence for rape and murder. He wants to escape imprisonment, but a sister of the victim wants him to "rot" in jail. The slippery slope of euthanasia gets slipperier with every decision. Belgium legalized euthanasia for adults in 2002 and euthanasia for children earlier this year. 


NY: No Cure Until You're Worse 

NY officials have recommended that only 60% of Medicaid patients with hepatitis C get Sovaldi, the expensive drug that will cure them. Those with advanced stages of the disease and those also diagnosed with liver disease (alcohol abuse?), HIV (typically from drug abuse and risky sex) and other associated conditions will get it first. If someone only has "chronic hepatitis C," they'll have to get worse or get an associated condition. This is government-run health care.

Quote of the Week:

"And I definitely will always identify with Democrats, and will always be a Democrat, but I fought so hard for health care reforms and now that I need them, I'm on the short end of the stick while reading glowing headlines about all the millions of people insured while I just sit here and worry about dying or paying a ton and not knowing what's wrong with me" -- beholderseye, response to commenter on Daily Kos regarding his commentary, "Incredibly Frustrating Health Care Problems (State Exchange)," September 25, 2014, 10:04a.

Stat of the Week:

38.7 million individuals - have had the privacy of their medical records compromised due to a privacy and security breach.

News Release of the Week:

Protect Your Wallet at Tax Time

ST. PAUL, Minn. - Most Americans wouldn't dream of planning ahead to ensure that they won't get a tax refund. But for those who have chosen to go uninsured under the Affordable Care Act, it's in their best interest to have $0 in tax refunds coming to them for the 2014 tax year.

Why? Those who have not enrolled in Obamacare or any other approved plan in 2014, thus going without health insurance, are subject to a penalty tax - either $95 or 1 percent of their 2014 income, whichever is higher. 

Continue reading

Featured Health Freedom Minute:

Insurance Better Before Obamacare

Obamacare coverage is worse coverage. A new study by the National Center for Public Policy Research shows health insurance was better before Obamacare. It shows 27-year old singles and 57-year old couples had more plans with better cost-sharing and larger provider networks prior to the Obamacare exchanges.

Continue reading

Twila Brase broadcasts a daily, 60-second radio feature, Health Freedom Minute, which brings health care issues to light for the American public. Health Freedom Minute airs on the entire American Family Radio Network, with more than 150 stations nationwide in addition to Bott Radio Network with over 80 stations nationwide.

Click here to listen to this week's features.

Citizens' Council for Health Freedom
161 St. Anthony Avenue, Ste 923
St. Paul, MN 55103
Phone: 651.646.8935 • Fax: 651.646.0100

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