The Right of Insurers to refuse to participate is a specific element of the Senate Health Care Reform Bill that must be addressed before the President signs any bill into law.
At present, all individuals (with very specific exceptions) will be fined for failing to purchase health insurance. In general, private for profit health insurers will provide the bulk of the insurance. As we all know, this does not guarantee actual health care being provided to an individual, indeed much of the language of the bill could be construed as denial of any right to medically adequate care. The insurers have a guaranteed right contained within the Senate bill that allows them to refuse to participate in Federal Plans. This same right to refuse to participate does not extend to We the People.
Specifically, Sec. 1555
FREEDOM NOT TO PARTICIPATE IN FEDERAL HEALTH INSURANCE PROGRAMS.
No individual, company, business, nonprofit entity, or health insurance issuer offering group or individual health insurance coverage shall be required to participate in any Federal health insurance program created under this Act (or any amendments made by this Act), or in any Federal health insurance program expanded by this Act (or any such amendments), and there shall be no penalty or fine imposed upon any such issuer for choosing not to participate in such programs.
You the individual forced to buy insurance are fined for your refusal. They are not fined for refusing.
I am not hopeful about the prospect for substantive changes in this version of the Health Care bill when it comes out of conference; however, I do propose a small change in the bill which, I believe, the progressive forces in the Congress should put forward and refuse to vote for any bill until some version of a guaranteed right to health is incorporated in the final bill.
I propose the following, as a starting point, recognizing it may not be the best in legislative language and will be subject to much change and revision.
“We, The Congress, recognize historically, for over 2500 years the Hippocratic Oath or some version of it has been taken by Physicians and served as the foundation of health care being provided to everyone. This burden has fallen only on those health care professionals and institutions willing to implement the spirit, if not the actual language of this ancient oath. It has served as the ultimate backstop for giving care in both times of war and peace and even today, serves as the foundation of care, for both rich and poor, within these United States. This is tremendous burden willingly taken by the few on behalf of the many. We the Congress, gratefully acknowledge those who take this oath and thank those who serve it.
Further, The Congress, specifically recognizes that without adequate health care neither the “right to life” or the “pursuit of happiness” as 1st expressed in the Declaration of Independence can truly be sought by any person. A persons health serves as a foundation to both of these. Health Care itself is a necessary aspect of governance to ensure the Safety of the Nation. We, the Congress, specifically recognize such a right to health care must be retained by the people under the 9th Amendment which says, “The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.”
However, the Congress, recognizes there has been very little legislation to perfect such a right held by the People of our great land. Indeed, The Congress alone, could never fully implement such a right to the exclusion of all other rights held by the People; nor could the Congress, given the wonders of science and new technologies foresee how this right should develop into the distant future. Indeed, given the history and practicalities of the issue it is an exceedingly difficult task to address the issue in it's entirety. We know the Nation cannot continue on the path we are on. Congress can neither guarantee profit to some and harm to many, nor can it guarantee instant health to everyone at no cost. However, we do offer this small bill as a step forward on this path towards a more Perfect Union, and solemnly undertake to revisit it, at minimum each new Presidential term.
Additionally, to help our Physicians and health care workers who willingly undertake the spirit of the Hippocratic Oath and make the sacrifices without benefit to themselves - we honor their sacrifice and emulate their example by, declaring and amending Section 1555 Of the Senate Bill H.R. 3590 to specifically state as a 2nd paragraph:
“No individual, company, business, nonprofit entity, hospital, medical clinic, health insurance issuer, pharmaceutical company or medical products manufacturer or any other entity offering human health related goods or services may receive any Federal grant, loan or subsidy, after January 2011 unless and until they amend their corporate charter, take an oath or otherwise agree to in writing the following, as adapted from the World Medical Association:
a) The health of my/our patient or customer will be my/our first consideration;
b) We/I will not permit considerations of age, disease or disability, creed, ethnic origin, gender, nationality, political affiliation, race, sexual orientation, social standing or any other factor to intervene between my/our duty and my/our patient or customer;
c) We/I will maintain the utmost respect for human life;
d) We/I make these promises solemnly, freely and upon my/our honor and reputation.
e) We/I agree to be bound by the above and will demonstrate good faith to all who seek our/my services, expertise and goods.
No individual or family is required to buy any goods or services from any individual or company who fails to adopt the above standard of care. Should no company, individuals adopt the above standard the Congress will revisit the issue in January 2012 and provide such necessary care meeting the above standard by expanding existing government programs to meet the health requirements of its citizenry.”
I view it as a start to transform a weak bill into something more beneficial for the People who must live under it. It is not the best, perhaps, but I thought it constructive and others may add or subtract to it.