Comment: No matter what you think of Obamacare, it is imperative that you understand the threat posed by “IPAB”. It is more than just a price-control mechanism. If left in place, it will spread tentacles of control beyond your healthcare, into areas of personal freedoms far and wide. After the election, House Republicans announced plans to introduce a bill to repeal IPAB.
“the health law makes it virtually impossible to get rid of its Independent Payment Advisory Board — so much so that critics say that the wording violates Congress’ constitutional powers.”
“ObamaCare’s IPAB will recommend changes to Medicare payments in years that the mammoth health care program exceeds spending targets…”
‘”IPAB is unconstitutional for a number of reasons and one of them is that the statute limits the ability of future Congresses to repeal IPAB by saying that the only way Congress can repeal it is with a special procedure in 2017,” said Michael Cannon, director of health policy studies at the libertarian Cato Institute. “Congress cannot bind a future Congress like that. Only the Constitution can.”’
“IPAB…is key to making ObamaCare’s budget math work. The law assumes unprecedented curbs in per-patient spending growth. Medicare actuaries suggest that would create major disruptions in access to care…”
“… Congress is only able to repeal IPAB during a roughly seven-month window in 2017. First, both the House and Senate must in 2017 introduce a joint resolution for the purpose of repealing IPAB. However, they have to introduce the resolution no later than Feb. 1, 2017.”
“Since Congress doesn’t usually begin its legislative business until mid-January, that, in effect, gives them two weeks to introduce the resolution.”
“After that the House and Senate must vote on the resolution by Aug. 15, 2017. ObamaCare requires a three-fifths super-majority of both chambers. If the House and Senate have not voted to repeal IPAB by that date, then the law precludes Congress from ever repealing the body.”
“It would take a court case to decide if this restriction is constitutional, but Supreme Court precedent suggests it is doubtful.”
“The Obama Administration has countered that the law doesn’t restrict future Congresses. Rather, the “provision establishes one way for Congress to repeal (IPAB) if Congress wishes the repeal effort to qualify for the expedited procedures established by that provision.”’
“Cannon responded, “Only in Washington, D.C., could a statute stating that a joint resolution is required mean that it is not required.”’
ObamaCare IPAB 2017 – Only Repeal Seen Unconstitutional
By DAVID HOGBERG
10/22/2012
http://news.investors.com/102212-630299-obamacare-ipab-repeal-only-permitted-in-2017.aspx#ixzz2AzyNlcy2