Affordable Care Act - Update - 10/13/13

The cure for the evils of democracy is more democracy!

H. L. Mencken, Notes on Democracy, 1926

The Affordable Care Act, a/k/a ObamaCare, is an assault on the fundamental structure of this nation and an affront to the basic tenets of the United States Constitution.

The Supreme Court has, in the estimation of The Madison Conservative, decided the constitutionality of this legislation incorrectly.

There are those on the liberal left who shriek that it is the law of the land and thus must be enacted. All well and good, but given that the President has somehow unilaterally decided by some form of personal fiat to delay certain parts of the law, it is thus not the law that was passed, and should be addressed with that understanding.

The administration has chosen to lie to the American electorate about the reality of the Affordable Care Act, and the Madison Conservative wishes to demonstrate anecdotally just how unconstitutional the law is, how bold faced a lie the President has told, and why it is a threat to this nation.

The following compilation of news articles are presented here in a compressed and edited form – to do otherwise would require as much print as the act itself.

To wit:

The Kentucky Obamacare marketplace has no “expectation of privacy,” warning its prospective customers that their information can be monitored and shared with government bureaucrats.

When clicking “let’s get started” on the state-run health insurance marketplace “kynect,” the user is quickly prompted to a

“WARNING NOTICE.”

“This is a government computer system and is the property of the Commonwealth of Kentucky,” it states. “It is for authorized use only regardless of time of day, location or method of access. “

“Users (authorized or unauthorized) have no explicit or implicit expectation of privacy,” the disclaimer reads. “Any or all uses of this system and all files on the system may be intercepted, monitored, recorded, copied, audited, inspected, and disclosed to authorized state government and law enforcement personnel, as well as authorized officials of other agencies, both domestic and foreign.”

Such information includes Social Security numbers. When calling kynect to enroll in the marketplace a person is told to have their Social Security card, immigration status, pay stubs, alimony payments, student loan information, and current health insurance information at the ready.

The kynect disclaimer says users information can be shared at the will of state government agencies.

“By using this system,” the warning states, “the user consents to such at the discretion of the Commonwealth of Kentucky.”

“Unauthorized or improper use of this system may result in administrative disciplinary action and/or civil and criminal penalties,” it says. “The unauthorized disclosure of Data containing privacy or health data may result in criminal penalties under Federal authority.”

A spokesperson for kynect called the disclaimer “problematic,” and said it was a mistake.

“The disclaimer is a federal requirement intended to let all who come on the website know this is a governmental entity and sensitive information is contained within,” said Gwenda Bond, assistant communications director for the Kentucky Cabinet for Health and Family Services, told the Washington Free Beacon.

“While the language sounds severe, it actually is a warning to those who might try to inappropriately use the website or any personal information contained within,” she said. “We appreciate you bringing this to our attention, and we are working to modify the language so the message is more clear.”

Bond said kynect will update its website to read: “This website is the property of the Kentucky Health Benefit Exchange. This is to notify you that you are only authorized to use this site, or any information accessed through this site, for its intended purpose of assisting individuals, employers or employees in the selection or purchase of health plans or other benefits.”

“Unauthorized access or disclosure of personal and confidential information may be punishable by fines under state and federal law. Unauthorized access to this website or access in excess of your authorization may also be criminally punishable. The Commonwealth of Kentucky and the Kentucky Health Benefit Exchange follow applicable federal and state guidelines to protect information from misuse or unauthorized access.”

Problems with the health insurance exchanges since their launch on Tuesday have been widespread, with reports of long wait times, glitches, and security concerns, with the disclosure of over 2,000 Social Security numbers in Minnesota.

And now a strory about how real people are being affected by the monstrosity that is ObamaCare.

Cindy Vinson and Tom Waschura are big believers in the Affordable Care Act. They vote independent and are proud to say they helped elect and re-elect President Barack Obama.

Yet, like many other Bay Area residents who pay for their own medical insurance, they were floored last week when they opened their bills: Their policies were being replaced with pricier plans that conform to all the requirements of the new health care law.

Vinson, of San Jose, will pay $1,800 more a year for an individual policy, while Waschura, of Portola Valley, will cough up almost $10,000 more for insurance for his family of four.

And does this sound familiar?

Maryland's Health Connection, the state's Obamacare marketplace, has been plagued by delays in the first days of open enrollment.  If users are able to endure long page-loading delays, they are presented with the website's privacy policy, a ubiquitous fine-print feature on websites that often go unread. Nevertheless, users are asked to check off a box that they agree to the terms.

The policy contains many standard statements about information automatically collected regarding Internet browsers and IP addresses, temporary "cookies" used by the site, and website accessibility.  However, at least two conditions may give some users pause before proceeding.

The first is regarding personal information submitted with an application for those users who follow through on the sign up process all the way to the end.  The policy states that all information to help in applying for coverage and even for making a payment will be kept strictly confidential and only be used to carry out the function of the marketplace.  There is, however, an exception: "[W]e may share information provided in your application with the appropriate authorities for law enforcement and audit activities."  Here is the entire paragraph from the policy the includes the exception:

Should you decide to apply for health coverage through Maryland Health Connection, the information you supply in your application will be used to determine whether you are eligible for health and dental coverage offered through Maryland Health Connection and for insurance affordability programs. It also may be used to assist you in making a payment for the insurance plan you select, and for related automated reminders or other activities permitted by law.  We will preserve the privacy of personal records and protect confidential or privileged information in full accordance with federal and State law. We will not sell your information to others.  Any information that you provide to us in your application will be used only to carry out the functions of Maryland Health Connection.

The only exception to this policy is that we may share information provided in your application with the appropriate authorities for law enforcement and audit activities.

The site does not specify if "appropriate authorities" refers only to state authorities or if it could include the federal government, as well.  Neither is there any detail on what type of law enforcement and/or audit activities would justify the release of the personal information, or who exactly is authorized to make such a determination.  An email to the Maryland Health Connection's media contact seeking clarification has not yet been answered.

The second privacy term that may prompt caution by users relates to email communications.  The policy reads:

If you send us an e-mail, we use the information you send us to respond to your inquiry. E-mail correspondence may become a public record. As a public record, your correspondence could be disclosed to other parties upon their request in accordance with Maryland’s Public Information Act.

Since emails to the marketplace could conceivably involve private matters regarding finances, health history, and other sensitive issues, the fact that such information could be made part of the "public record" could prevent users from being as free with their information than they might otherwise be.  However, as noted, any requests for such emails would still be subject to Maryland's Public Information Act which contains certain exceptions to the disclosure rules.

And thus a tyranny is born.