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August 18, 2009

No right of appeal in ObamaCare

By G. Wesley Clark, MD

A so far little-noticed feature of the ObamaCare monstrosity is systematic denial of patient's rights to appeal to judicial review of the actions taken by the overlords of the Department of Health and Human Services (DHHS), now ruled by the progressive star, Kathleen Sebelius. 

Andrew McCarthy of NRO offers his typically erudite analysis of the legal ramifications of Obamacare, which specifically denies the patient any judicial appeal when his right to life is discarded by government bureaucrat.  As he says, "Obamacare is Gitmo for all Americans":
Tucked into several pages of this epic monstrosity (H.R. 3200 is here-if you can get it to load) are various "limitation on review" provisions. They are designed to vest President Obama with unilateral, non-appealable control over available treatments and their costs. That is, Americans will have no recourse to challenge errant or capricious executive-branch decisions in the courts.

These restrictions would apply to:
  • Hospital re-admissions (for any "condition or procedure selected by the Secretary.")
  • Payment rates for doctors and hospitals
  • Actions of the "Accountable Care Organizatons" (something like an HMO)

Our nation was founded on individual liberty, and a belief that governments derive their just powers from the consent of the governed.  Obama has intoned that our nation is governed by the "rule of Law".  Apparently he feels that he is an exception to that rule. 

We must not commit our future to the nightmare of statist collectivism.