Friday, February 28, 2014

Why the ACA is Awful: Estate "Recovery"

Only if you are 55 and older are you subject to this "estate recovery" bullshit that requires you get inferior coverage through Medicaid but it is only a loan with your estate as collateral.

Paul Craig Roberts wrote about this a year ago, excerpting a piece written by somebody in the know about the "fine print" of the ACA. This time the writer expands on the despicable fine print:

The hard sell is on for states to privatize Medicaid, and many who are forced into Medicaid by Obamacare will also be forced into managed care plans as is the case in Massachusetts. This represents yet another noose around the necks of low-income and poor people since the three payments described above are recoverable from estates.

Once the limited estates of poor and low-income Americans have been taken to reimburse Medicaid, the U.S. will be left with a permanently poorer and more desperate population and will be faced with higher Medicaid costs as there will no longer be any private property to confiscate.

A wet dream for the neolibs.

And this:

Is it fair to impose estate recovery on Medicaid enrollees but not on other subsidy recipients? Is it fair if recovery adheres to the basic requirements in federal statute, but, thereafter, is based on state policy which differs from state to state and, thus, is not applied equally across the nation to all Medicaid enrollees at age 55 and up? Is targeting a specific age group fair? Or legal?

Equal protection is in the Constitution, but ever since the Supreme Court surrendered in the 1930s to President Franklin D. Roosevelt’s New Deal legislation, equal protection has been curtailed in the economic arena. The Supreme Court, unwilling to face down a President asserting previously unknown executive power, accepted the violation of the 14th Amendment in economic legislation in order to avoid being packed with FDR yes-men.

Obamacare was not written for the benefit of the poor and uninsured. It was written for the profits of the insurance companies giving them millions of new customers subsidized by U.S. taxpayers. The business of America is business. Private insurance company CEOs receive multi-million dollar pay packages, while under Obamacare low-income earners and the poor have to give up their homes and other assets in order to receive medical care.

Where are the lawsuits against this disparate treatment?

The one good thing here is Oregon did decide to get rid of "estate recovery" for Medicaid patients unless they received long-term care as in nursing home care. The state did this last fall.

That's good to know.

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