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2019-09-22 07:00 by Karl Denninger
in Politics , 271 references
[Comments enabled]  

You have to give Andrew Yang credit for being willing to put forward "UBI" -- a $1,000 a month "stipend" that he foolishly calls a "Freedom Dividend" -- with of course a boat-load of fraudulent claims of how he's going to pay for it.

Chief among these is a 10% VAT -- which sounds good, but it's problematic for a whole host of reasons, not the least of which is that it won't raise enough money.

Remember that a VAT exempts government spending, since that's just taxing yourself.  Yang recognizes this and pegs the revenue from a VAT at $800 billion as he also removes groceries, clothing and apparently some other things from it.

He also says he's going to "consolidate" (get rid of) many other welfare programs.  The problem is that the only ones that matter from a budget perspective are health care related.

At the same time Yang wants to expand Medicare to everyone.  The problem is that these two programs are in direct opposition to each other.  He says he'll be able to bring costs under control but Medicare and Medicaid have utterly failed to do so.

In other words Yang is a pie-in-the-sky Democrat protecting and in fact expanding the medical monopolists.

Look folks -- CMS -- Medicare and Medicaid Services, have spent $1.465 trillion through August which is 35% of the federal spending all-in.  The federal budget deficit during that time was $1.067 trillion.

In other words that spending was 137% of the deficit.

If you killed all the medical monopolists and took the "low hanging fruit" as I described in that post you would erase the entire federal deficit, plus some and not one person would be denied medical care.

Further, you'd take roughly another trillion and a half off private forced spending on this alleged "service" since the "service" is 500% overpriced.

This would instantly resolve both the federal debt and all the state and local pension problems -- at once.  It would also eliminate the destruction of personal purchasing power and that of saved funds.

20% of the people in the country -- those who are involved in and require this scheme to make a living -- would hate you.

EVERYONE ELSE WOULD VOTE FOR YOU.

In short this is one of those nearly-impossible to find 80% issues among the electorate.  That's exactly what Trump exploited (a claimed 80% issue that he never actually addressed) to get elected himself -- illegal immigration and displacement of American workers.

He was lying, as we now all know in that instead of resolving any of these problems he has dripped out half-measures where, as the head of the Executive he could have resolved several of them immediately but that sales job is why he's President today.

Yang seems to think that socialism will somehow "work" in health care.  It never has -- in health care or anywhere else.  NHS in Britain is falling apart.  So are the other socialist health care systems.  They're falling apart even though they exist almost-entirely on the back of the 500% overcharge Americans pay in that we effectively fund the R&D and in many cases the reproduction cost of everything they use.  Even with that sort of outrageous transfer and theft they're still fiscally underwater.

Yang could have -- and perhaps, for a very short period of time forward still can -- become a credible candidate.  He needs an 80% issue -- indeed, anyone who intends to try to take on Warren, Bernie or Biden does, just as I've argued for decades that if you want to try to run as a third-party candidate you need to as well.

Remember Ross Perot?  He took up an 80% issue -- the giant sucking sound of "tariff free" trade with Mexico.  Had he not folded his tent he would have likely won too.

There are so many other crackpot ideas on Yang's plate that frankly, I can't take him seriously.  The "vote at 16" idea is one of them.  Representation comes with responsibility, or at least it's supposed to.  Yang is nothing more than pandering with this bull**** -- if my kid can vote at 16 I can eject him or her at 16 and they can go fend for themselves.

There are acts that should define you as an adult in all respects.  Reproduction and Felonious conduct are two of them.  Voting is a third.  Today we refuse to recognize that exercising the most-profound power a human can have -- to reproduce or not -- does not come with the responsibility commensurate with that power.  This must change and since slavery is immoral (never mind illegal) there's only one direction it can that is consistent: Pregnancy, for both sexes, is an automatic and irrevocably emancipating event.  So is a felony conviction.

Further, Andrew is a pie-in-the-sky economic bull****ter.  "Saving for retirement", which is one of his planks, is impossible in a nation where the federal government runs a 25%+ fiscal deficit and thus destroys the value of all saved capital.  This has to be stopped -- or those who both promote policies that allow and expand that practice must be removed from the public square by any means necessary.

Fortunately for Andrew there is a way to stop the deficit spending and get the 80% issue and greatly improve health care delivery while slashing cost by 80% or more.

But he hasn't taken it -- just like the rest haven't either.

That's because he doesn't really believe in any of it, just as neither do the others -- including our current President.

Sadly they're all bull****ters and con artists.

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2019-08-30 13:12 by Karl Denninger
in Politics , 1570 references
[Comments enabled]  

Here's what you get if you basically draft me, since I don't fit either the RINO or Communist party profile:

  • Wage, environmental, IP theft, government oppression/subsidy and currency manipulation tariffs.  There will be zero incentive for any entity selling to anyone in America to place manufacturing or anything else (assembly, sourcing, etc) in a foreign nation to try to arbitrage poor people, dump poison in their water, into the air or on their land instead of here, etc.  Each class of goods will have the appropriate tariff calculated on a per-nation basis with no exceptions.  Any nation or firm attempting to circumvent this by cross-shipping or falsifying records will lead to an immediate, 100% embargo of all involved goods with them seized and destroyed on entry.  Again -- no exceptions.  Yes, this includes (but certainly isn't limited to) China, Vietnam, India and Mexico.

  • 100% E-Verify now.  All employers have six months to comply for existing employees, all new hires must have it run.  Liability is personal and cannot be thrown off on a staffing company or other scheme.  All 941s (quarterly withholding filings) must include E-Verify control numbers on them.  Congress will receive a bill on my first day in office to upgrade failure to include same on 941s, hiring or paying people without reporting accurately on same, or any other form of evasion by any means to a criminal felony with 5 years in the slam-slam for each person so not-reported or evaded, served consecutively, with no pleas or reductions allowed along with a $50,000 fine per person, per year who is not reported accurately.  That ends the BS.

  • It shall be the policy of this nation that no free trading relationship nor normal customs and immigration relationship shall exist with any nation that permits either their nationals or foreign nationals to travel through or use their border with our nation for the purpose of unlawful entry into the United States, nor shall such a relationship exist with any nation that suborns or permits its nationals to violate our laws whether in regard to people, goods or services.  Mexico in particular shall cut this crap out or the border will be closed -- period.  The National Emergency required to do this has already been issued by Trump and I will execute on that on my first day in office.  This shall also be applied to China as a consequence of its export of fentanyl and precursors intended for unlawful distribution in the United States.

  • H1b visa sponsors shall be required to pay 200% of the prevailing wage in America.  If there is truly a shortage or is being used to import those who are truly exceptional minds, to the point that we simply can't meet the challenge here, so be it -- the cost of doing so compared to the benefit will be tiny.  If this visa is being abused by corporations a wage suppression artifice, and today it is, that's ending.  Right now.

  • As President my first and foremost duty is to protect the integrity of the United States.  This includes physical security at the US border.  If necessary the military will be deployed to defend same against any and all invaders.  Our military exists for the primary purpose of preventing and repelling any attempted invasion of United States territory.  This is not only Constitutionally permitted it is Constitutionally required of the Commander in Chief.  This does not violate The Posse Comitatus Act; the military will not be there to execute a civilian police action, they will be deployed to prevent and turn back invasion.  If you want to come and apply as an immigrant, whether claiming asylum or otherwise, do it lawfully at a port of entry or US Embassy.

  • 100% enforcement of 15 USC Chapter 1.  Amazon is the poster child in the retail space but hardly the only offender.  The entire medical space will also have this enforced against them.  See my model bill for how to fix it entirely.  Until passed I'll be content to throw lots of hospital executives and virtually every pharma company head in the slam-slam and destroy every one of their firms with ruinous fines.  Yes, as the head of the Executive (law enforcement) I can do that without ANY new laws, and will.

  • 100% legalization and regulation of marijuana immediately by de-scheduling.  The DEA is under the DOJ, and as the head of the Executive I'm their boss.  THC will be de-scheduled immediately.  Period.  In addition a full review of the medical and scientific evidence will be undertaken for every drug currently on said schedule and they shall be adjusted accordingly.  No ifs, ands or buts.  States can do what they wish but on a federal level it's done on Day #1 and I will fire as many people as necessary and replace on an interim basis until it happens.

  • BEA and BLS will be directed to remove all "hedonic" and similar adjustments immediately and permanently.  As they are under the Department of Commerce and Labor, respectively, they too are under the Executive.  Therefore said order will be issued on Day #1.  Inflation numbers shall have all hedonic adjustments removed immediately and on a forward basis, and in addition productivity shall be removed from inflation numbers as well.  That is, inflation is inflation and we're going to stop lying about it.

  • The Fed will either adjust policy to meet its mandate of stable prices over the medium term or I will do whatever I must to destroy and replace it.  Period.  They do not have the privilege of re-writing legislation and "stable" means unchanging, not 2% "doctored and fraudulent" inflation.  Specifically they will control money and credit aggregates to reverse the scam of the false inflation numbers via hedonics and productivity that were unlawfully applied over the last 30+ years.  I understand doing this in a week can't happen, but it will happen and they will run policy commensurate with their Congressional mandate or I will find a way to remove them by whatever means it takes.  Cue President Jackson on this one, if it comes to it; Treasury can be directed to butt**** The Fed under Executive power, that's already obvious and actually not even slightly difficult given the will and I will do so.

  • A National Emergency will be declared on the first day of my Administration relating to the Internet and threat to our Republic that the current abuse of same both foreign and domestic has incurred.  The specific demands for reform will include separation of utility and application functionality with the former being absolutely barred from discrimination in sales of like kind and quantity for any firm with more than $100 million a year in revenue worldwide.  Any firm that refuses will have all foreign transactions blocked in accordance with the 1970s NEA powers and all dollar-denominated transactions and assets frozen.  Further any coordinated action to ban particular political perspectives, points of view or publishers shall bring instant prosecution under 15 USC carrying felony criminal penalties.  I will perp-walk every single major social media, transport, cloud and DNS company executive straight into federal prison if I must. The bullcrap we're dealing with now will stop or the firms doing it will be destroyed with their executives asset-stripped to their underwear.

  • The 2nd Amendment shall be restored.  I shall seek declaratory judgment from the Supreme Court on the fraud in Miller's instance and, once having secured same shall move to have the entire body of existing "gun control", other than actual commerce between states which does remain a federal power, declared void.  In addition the 14th Amendment guarantees incorporation against State Laws on matters of civil rights.  Any state or local government official who disagrees will find themselves in the federal slam-slam facing 18 USC 242 charges.  Until that is accomplished the DOJ shall be directed to ignore that blatantly unconstitutional set of laws and if they or any other federal agency refuses I shall issue pardons to anyone they arrest on any non-violent firearms offense.  If you want to make, own and carry a firearm, suppressor or whatever -- have at it.  If some federal agency cop shows up and tries to bust you the next morning you'll be pardoned.  I don't care if I wear out 1,000 pens signing pardons.  This bull**** will stop -- right now.

  • The 4th Amendment shall be restored.  The entire "policing for profit" revenue share model on civil forfeiture is rankly unconstitutional and the entirety of that program will be scrapped by Executive Order on my first day in office.  Any state, county or local official who continues it beyond that day shall be subject to arrest and indictment by the federal government under 18 USC 242 which explicitly prohibits the violation of Constitutional Rights under color of law or authority.  That is a criminal statute and I will be more than happy to put 50,000 local cops and county sheriffs in the federal slam-slam if I must.  We'll have plenty of room with all the weed violations that will be released.  This crap will stop; if some copshop claims that money or property is the fruit of an illegal act before they can seize and attempt to forfeit it they must obtain a felony criminal conviction on the underlying offense and prove the connection beyond a reasonable doubt.  Period.

  • The Glo-bull warming scam will be stopped dead.  All federally funded research and data, past, present and future shall be declared as public domain.  Mann and his cohorts will be forced to disgorge same or be charged with theft (or destruction, if they try to evade it via tampering) of government property.  Enough.

  • I shall demand of Congress that the current law permitting International Cartels to operate in facial violation of 15 USC Chapter 1 be repealed.  This is an outrage passed in the 1970s in response to the Arab Oil Embargo.  Congress shall be called upon to repeal it on their first day in session.  Period.  Until they do I shall tariff all cartel-controlled products, including oil, sufficiently to make them non-economic for import and sale in the United States.  We can be oil-independent today and until Congress puts a stop to the OPEC rape-job one way or another we shall be.

  • I shall demand of Congress an immediate rescission of (1) all federal funding of student loans and (2) immediate removal of the "privileged" status of such debt on a forward basis from bankruptcy discharge.  All such lending on a forward basis shall be private and shall be subject to the risk of bankruptcy discharge.  This will instantly collapse the cost of college to something you can afford to attend and engage in by working at Starbucks.

  • It shall be the national energy policy of the United States to explore and, if justified, develop LFTR-based nuclear energy, including using coal as the Thorium feedstock, so as to become entirely energy independent through its use and CTL technology within 20 years.  The math and basis for this is found in this post from 2011, or if you prefer in my book Leverage.  This is achievable given the technology of today and we shall do it as a nation so as to never again be able to be held hostage for electricity, transportation or war-fighting fuels.

  • It shall be the foreign policy of the United States that unless (1) an American or (2) a piece of American property, including a flagged vessel, aircraft, embassy or other item is damaged or destroyed it is not a matter for our military.  The United States shall respect the sovereign power of all nations.  However, no nation shall enjoy a free and open trading relationship nor shall the ownership and control of any US property whether physical, intellectual or otherwise be recognized on an equal and unimpaired basis by any of their firms or nationals if said nation does not afford all of its citizens on a substantially equal basis the freedoms guaranteed by the 1st, 2nd, 4th, 5th and 6th Amendments to the US Constitution along with substantially equal rights without regard to sex, race, color and creed.

  • It shall be the goal of my administration to fire half of all Federal Employees within my first term and shrink both the Federal Statute Books and CFRs by 50%.  I think I can do better, but that's the goal for the first 4 years.  We'll see.

  • I shall neither submit or sign any budget that runs a deficit except in a time of declared war and in fact shall sign no budget that does not run a surplus as a percentage of GDP equal to the previous 12 months productivity gain or more if same is positive.  End of discussion, full stop.  Whatever the government wishes to do it will pay for, and all such shall include the room for whatever supplemental appropriations may arise including disasters.  No exceptions.  Disasters are not known in advance but that they happen every year is.  Further the government shall not steal the natural improvement in purchasing power that belongs to the citizens as a consequence of their improvement in productivity either.

  • No, I will not stop using "colorful language" when it is appropriate.  Running a nation is an adult job.  Children do not have a seat at the table -- not because they aren't respected but because they lack the experience, wisdom, impulse control and judgment to be considered an appropriate resource in such matters.  If you're incapable of dealing with adult matters then feel free to go hide in your "safe space" and let the adults do what has to be done -- including, occasionally, erecting a well-earned middle finger.

  • No, I will not publish my tax returns.  The requirements to run for President are in the Constitution.  Tax returns are confidential, period, end of discussion.  Incidentally, so are medical records (HIPPA) so no, I won't be taking any public medical exams either.  However, you're welcome to peruse my running time records in races where I publicly appear and there is a publicly-visible clock, and draw from that whatever conclusions you wish.

To the extent any of this requires Congressional approval I will veto at my discretion every single bill that comes across my desk until the necessary statutes are enacted or repealed.  This specifically includes but is not limited to all spending bills.  In addition to the extent spending is constrained by said vetos I will direct that the first cuts are to all security, maintenance, utility and other facilities and programs that benefit any member of Congress or their staff.  They will either do their damn job or they'll take the brunt of their refusal, unlike Barry Soetero who punished ordinary Americans when Congress didn't do what he wanted.

There's plenty more but this will be a good start for my platform.

I'm available for public debate on any or all of this platform against anyone else who believes they have better ideas and wishes to take the left seat.  As noted, since I'm aware of no party interested in these positions one of them will have to draft me....

As for electors and the state filings for same we'll cross that bridge if there's enough to be worth doing what has to be done to make that happen.

This page is subject to update but no commitment above shall be materially weakened or changed to the detriment of the people of this nation, and if challenged on same I will produce the entire audit log of this page back to the original posting of this message. -- Karl

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2019-03-04 07:00 by Karl Denninger
in Politics , 151 references
[Comments enabled]  

Since nobody at CPAC wants to talk about it.... I will.

The bill is really quite simple:

  • No person shall be entitled to any public funds or federally-funded government services unless they are a United States Citizen, Lawful Permanent Resident, or explicitly admitted under a formal refugee resettlement agreement.  No person admitted under such a formal refugee resettlement agreement may receive any federally-funded service or public funds beyond the term of five years, which may not be extended.  (In other words you either qualify for lawful permanent residence during that five years, including integrating and learning English, or get the hell out.)

  • No person or organ of government may obligate any private party to provide any form of federally-sponsored benefit or mandate to any person not a Lawful Permanent Resident, Citizen or explicitly-admitted refugee during the above five-year period where said benefit, mandate or enterprise operates with any material connection to or with supplies procured in interstate commerce.

  • No person who is not a citizen or lawful permanent resident may obtain any personal or financial benefit from federally-sponsored or funded benefits or mandates through a claim of familial or custodial relationship with a citizen or lawful permanent resident.

  • Any person violating this statute shall be criminally liable under the crime of fraud for the full amount of such benefit, the full cost of any such mandate they access imposed upon the party who provides it and shall be ordered, upon conviction, to pay all such costs, expenses, court and attorney fees incurred by the party so impacted.  In addition any person violating this statute shall suffer a permanent inability to enter or remain within the United States with any future attempt to so enter being a separate and distinct criminal offense carrying a penalty of not less than one and not more than five years, with the costs of said incarceration billed to said illegal entrant.

  • All persons desiring to claim asylum in the United States must do so in the first contiguous nation they reach after leaving the nation or nations that give rise to their claim at a US Consulate or Embassy in said nation and they must remain outside the United States while their claim is adjudicated.  Claims of asylum cannot be made nor processed by any person who is a citizen of a US-contiguous nation with which the United States has a formal trading and visitation relationship (that would be Canada and Mexico.)  Any act of illegal entry, past or present, to the United States permanently voids all privilege of asylum.

  • All employers shall transmit with each 941 tax filing the E-Verify control number for each person so-employed.  All new hires must have E-Verify run prior to hiring and all currently employed persons must have same run within six months of the date of this legislation.  Failure to include a valid E-Verify control number on a 941 transmission, forgery of said number or willful omission of any employee from said form is declared a federal felony offense carrying a mandatory 5 year prison term and $100,000 fine for each person so-omitted with all persons having constructive or actual knowledge of said omission or fraud jointly and severably liable for same.

That stops the influx.

No "free" education, health care, housing, food stamps or anything else -- either directly or indirectly.  You cannot poop out a child on US soil and have their presence create an obligation to you -- not for your birth expenses, not for your housing expenses, nor for your food, utility or other expenses.  While a State could fund whatever it wants it cannot use any federal funds for such a program, including Medicaid, public schools (which obtain federal funding), food stamps or similar.

If you come here under a resettlement arrangement you have five years to show that (1) you intend to assimilate and (2) you are willing and able to both work and meet all other criteria for lawful permanent residence.  If not you're cut off -- period.  No more Little Mogadishu nonsense that has produced a crazy number of jihadi wannabes.

If you employ an illegal invader and get caught everyone with actual or constructive knowledge of it goes to prison.  It does not matter who you are -- whether you're a CEO, Controller, Payroll Clerk, farm owner or someone hiring a nanny.  Period.

Do the above as a simple bill and the entire illegal invader problem disappears overnight.

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This sort of article is flat-out nauseating.

It starts by claiming to explain, but what it really tries to do is parent.  Yes, parent you.  An adult.  It attempts to claim the mantle of telling you what you should be and in fact are voting for and wanting in a politician.

Really.

Indeed, Trump caught the right wave at the right time – and it has yet to crest.

And feeds the wave with every brazen statement, like this week’s Muslim travel ban.

The fact is, the more his language is over the top, the stronger his position appears to be at the top.

But is this what Republican primary voters really want in their nominee – a brash outsider who takes on anyone and everyone?  Or do they want, as they told us before, a moderate with real results?

The simple truth is, they want to have their cake… eat it, and then shove it in Washington’s face.  Their frustration is borders on rage – and Trump is their megaphone.

But they’re equally desperate for someone who doesn’t just rail against the problems; they want someone who can also solve them.  Our national polls and voter focus groups demonstrate this again and again.

That’s why the true frontrunner is not Donald Trump.

The real frontrunners are – or will ultimately be – Marco Rubio and Ted Cruz.

Oh really?

Neither Rubio or Cruz has the first clue about ISIS and radical Islam.  Neither will call it by its name.  Both have sat idly by while the party machinery went so far as to call Trump unAmerican for proposing an act that Jimmy Carter took a number of years ago without any such calls being made for his head.

Both are convicted internationalists, interventionists and believers in thuggery.  Both are ineligible for the office and of the two Cruz has no excuse of infancy or dependence (not that it legally matters) as he held adult Canadian citizenship, an act that brings to the fore the very reason for our constitutional prohibition on divided loyalties.

Listen to Rubio explain his plan for the innovation economy.  For improving education.  For making career-oriented job training mean something again. Listen to him explain not just the intricacies of his tax plan – but the benefits of it as well.

Listen to Cruz talk about his plan to defeat radical Islamic terror. For reining in wasteful Washington spending. His solutions for American-made energy to create jobs and protect our national security.

Oh really?  What plans are those?  Neither has a plan to do anything about the Health Care debacle, which is a huge problem -- in fact, it's the problem.  "Repeal and replace" sounds great, but replace with what?  Where are the promises of prosecution for the existing acts that by any reasonable definition rise to felony violations of long-standing federal law -- the Sherman, Clayton and Robinson-Patman Acts?

Nowhere, that's where.  Neither of these clownfaces has any sort of cogent plan to deal with any of that, including the most-outrageous and egregious parts of it, the rank violations of the "first sale doctrine" that, were it to be enforced, would instantly force prices to level for drugs to flatten between nations and resolve a large part of the problem.  I remind everyone that college textbook publishers tried to run this same crap recently and were shot down in the courts, so there's plenty of precedent.

Of course the medical scam doesn't end there.  If you fixed it all of the budget problems at the Federal, State and local levels would disappear immediately and permanently without raising a dime in taxes.  The Federal deficit would become a surplus and as a result consumer purchasing power would rise every year instead of falling.  That outcome would be the result of math, by the way, not politics.

Do you think Trump doesn't know, as a businessman who has been writing big checks to this monopoly for decades, that this is a problem?  He most-certainly does.  Now explain to me how Cruz or Rubio has any experience with any of it.  They don't.  I do, because I wrote those checks on behalf of my employees.  Trump does because he has as well.  Rubio and Cruz have evidenced zero understanding of any of it.

Rubio has no idea how to improve education.  No amount of federal involvement will ever do any of it.  Remember that we were told that the Department of Education would be abolished under the "Contract With America."  Was it?  No, that was a lie.  Rubio is also lying and the electorate knows it.

The Republican party is imploding because it is incapable of telling the truth.  It is imploding because of patronizing little ****heads like you, David, who think you can tell us what to think and who to vote for.

You claim that most people don't believe Trump could deport 11+ million illegals.  True, but he doesn't have to.  All he has to do is lock up all of your damned "friends" that employ them and 10.9 million will leave on their own. We can certainly deport the remaining 100,000 that decide that gang membership is a better idea.

And by the way, maybe we should consider you to be part of that gang -- a gang going out of style, and one that's being slowly, but certainly, ejected from the political sphere.

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2012-10-04 17:19 by Karl Denninger
in Politics , 1838 references
 

Here's The Bill that either Obama or Romney could propose and demand be passed.

(For that matter so could Gary Johnson, and if he had a lick of sense, he would as this would be a "break the glass" moment for the Libertarians, but I digress...)

THE BIPARTISAN LEGALIZATION OF WORLDWIDE MEDICAL ENHANCEMENT And PATIENT HEALTH AUGMENTATION REMEDIAL MARKET ACT

An Act to redress the imbalances in the economy related to health care products and services, enforce the law, improve patient outcomes, enhance access to treatment modalities, decrease costs and open competition in the Medical Industry.

 

Article I - Competition

  1. The Sherman, Clayton and Robinson-Patman Acts shall apply to medical commodities, services and related products without exception, including but not limited to pharmaceuticals, hospital services, clinical services, medical devices, implements, drugs and supplies, financial services such as payment plans and health insurance or any other service or good used or provided for the purpose of promoting health, treating or diagnosing disease, provided that said goods, products or services are marketed, sold, advertised or used anywhere inside the United States and its territories.

  2. Medical providers shall post via conspicuous method and bill at a level price for their services to all users of like kind and quantity without regard to the means of payment, subject only to reasonably-defensible discounts for volume of service or product rendered or sold to each individual consumer. 

  3. All State CON laws and other regulations that serve to prevent, deter, bar or impair medical good or service providers from entrance or exit to or from a market area, where said facilities do or may serve customers on an interstate basis, are hereby preempted and void under the Interstate Commerce Clause to the US Constitution.

  4. The doctrine of first sale shall be applied to all medical and health-related commodities, pharmaceuticals, supplies and goods, including but not limited to drugs, medical devices, implements and health-related products, provided that such goods are truthfully and lawfully labeled as to their origin, manufacturer and contents, irrespective of their point of original purchase.

  5. No manufacturer, distributor or other seller of medical goods or commodities may prohibit by contract or other provision the effects of Article I Section 4, and any such clause in existing contracts for sale are hereby declared void as a violation of public policy.

  6. Medical goods and commodities permitted or lawfully offered for sale in nations and territories other than the United States may be imported, marketed and sold for consumption and use in the United States irrespective of FDA approval provided that any drug, device, implement or commodity not approved by the FDA shall be conspicuously labeled that it does not have FDA approval in no less than 14 point white print on a black background on all bulk and, where applicable, individual use or dispensed packages.  All such unapproved drugs, devices, implements and commodities shall bear or have enclosed with their packaging truthful information as to their exact contents, purity, method of action, expected benefits and known risks and side effects of its use.  All such unapproved drugs, devices, implements and commodities shall be explicitly disclosed to the consumer before use or administration by any licensed medical facility or physician and an explicit release shall be obtained from said consumer in advance of the use of such unapproved drugs, devices, implements or commodities.

 

Article II -- Access To Medical Care And Records

  1. EMTALA is hereby repealed.

  2. Privately-run and operated medical clearing firms are hereby authorized who citizens and visitors to the United States may register with to document verifiable means of coverage or payment for potential medical services and products.  These firms shall be regulated only as to privacy of information maintained.

  3. Such registration shall include not only insurance coverage by traditional health insurance firms but also registration of escrowed funds or other unencumbered and liquid assets available for disbursement in the event of unplanned and emergency medical expense.

  4. Medical providers may query any such registry only for a bona-fide purpose of determining whether a proposed procedure is covered for payment, and shall not issue more than one query per patient, per medical incident without that patient or their agent's explicit approval.

  5. Registries shall not provide information on coverage or escrowed and liquid limits beyond a response indicating whether the explicit and queried amount proposed to be billed is or is not covered.

  6. Patients shall own all records in any such registry, including the record of all inquiries and shall have a right of inspection of any such records during reasonable business hours and by reasonable means.

  7. Medical records shall be the property of the consumer to whom they pertain, and shall be provided to and may be maintained by the consumer upon his or her reasonable request.  No provider shall provide access to or permit the copying of any such record to any third party without the explicit authorization of the consumer or his or her lawful representative, except where applicable statute mandates the disclosure of said records such as in the case of communicable disease or mandatory reporting statutes.

  8. A registry or medical provider that violates any provision of this section shall be liable for all damages that a consumer shall suffer, but not less than $25,000 (twenty-five thousand dollars US) per incident in liquidated damages if the actual amount of damages shall be less.

  9. EMS providers and systems shall maintain a registry of charitable hospitals and other providers of medical care willing to provide services to those who have no verifiable or actual means of payment so as to be able to expeditiously make decisions on transport of indigent patients, and shall update their listing of such available care facilities not less than once daily.

 

Article III - Enforcement

  1. Consumers, employers or other parties harmed by violations of this act shall have a private right of recovery for all harm sustained in triplicate, but not less than five thousand dollars ($5,000) for each occurrence.

  2. Each day that any such violation occurs shall constitute a separate and distinct civil offense.

  3. Willful and intentional violations of consumer privacy, or any act of conspiracy between parties to violate any provision of this act shall be a Federal Felony Criminal Offense punished by not less than 2 nor more than 20 years of confinement and a fine of not less than $10,000 or more than $100,000 for each count, except that if permanent physical injury shall occur to any person as a consequence of said violation the penalty shall be not less than 10 nor more than 25 years of confinement and a fine of not less than $50,000 nor more than $250,000 for each count, and if death to any person shall occur as a consequence of said violation the penalty shall be not less than 25 years to life of confinement and not less than $100,000 nor more than $2,000,000 for each count.  Each person who shall suffer financial or personal injury from such conduct shall constitute a separate and distinct offense, liability shall be joint and severable among all so-involved, minimum fines per occurrence may not be reduced and all criminal sentences shall be served consecutively without regard to any other law, regulation or statute.

 

That would pretty much do it, I suspect (that is, cut the cost of medical care by about 80% -- if not more.)

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