Friday, September 11, 2009

How the Freedom to Contract Protects Insurability

interesting and worth a read for
all Americans who are seeking real solutions to the problems we face with regard to the Health Care issue.
and no, the answer is not to give government even more power and control over our Health Freedom.
let us think outside the partisan box, in which we are being indoctrinated to be confined.
— — —
In response to this post, a friend wrote:

Bernard -- It sounds like you are against the bills that are being proposed by the Demo's right now. But if you are against them, let me ask you this:

What is the solution to the many uninsured people that are currently out there? Take the guy has no insurance. He has a catastrophic illness or injury. He requires a lot of medical care. He can't pay the bill. The hospital, the ambulance company, and the doctor all have to write off his bill. These costs don't just go away. They get passed on to people like me who have health insurance. This raises my annual premium. It's money out of my pocket.

If you are against the current proposals that fix this by forcing everyone to be insured, how do you propose we fix this problem?



i thought my friend had some very good questions and wanted to share this with all my friends.

i truly don't have all the answers to all these problems -- all i ever really wanted to be was a musician, and somehow i managed to wind up being overly impassioned for standing up and speaking out for liberty. 8-)
i'm still a babe with training wheels on with regard to the philosophies of liberty. thus, when i speak out against a course of action which is at enmity with liberty, it doesn't mean i know how to fix the problem, it just means that i see a problem and i feel urged to sound some kind of tyranny alarm! ;-)
it's kind of parallel to when i have a car problem. i might hear an odd noise, or feel that something is broken or breaking, which if not addressed will cause my car to stop working. i don't know how to fix the problem, but i just know there is a problem which needs to be fixed before i break down and become stranded somewhere.
the various hurdles we face as a nation are not always easy ones to stride. also, in the years of my involvement in liberty activism, i have learned that governing a people is no easy task. often, we must individually focus, or specialize, in a more narrow area of activism. if we all do likewise, we can more effectively and efficiently work together in our chosen avenues for advancing liberty.
personally, i have been primarily focusing on the matter of the lack of government accountability, the reluctance of SCOTUS in ruling on a definition of the "Accountability Clause" (last 10 words of the First Amendment), and the upcoming Continental Congress 2009, for which i am now considering candidacy as a NC delegate.
i personally feel that IF the "American" Federal Government will not be held to its Constitutional limitations and therefore refuses to obey the law of the land, then everything is moot. (i quote "American" because i no longer believe this is still the country of "America" for the very reasons i cite.)
therefore, it will not matter what legislation is passed, for what good are laws if they are not obeyed? how can this "America" if its government refuses to obey the the rule of law, and rather adopt a policy and MO of "rule of whim"?
i can say that it is quite evident through our recent history that the more We the People allow the government to get involved in areas it has no purpose and no jurisdiction, the more each of those areas get broken and corrupted. the Health Care system is no exception to this rule of thumb.
therefore, my general answer for solving such problems is to get government out of all markets outside of its proper function and within its jurisdiction and legal Constitutional limitations -- this is the only way in which a "free market" can thrive. one cannot have a "free market" and simultaneously have government intervention & "regulation" of the said market.
i only thus far skimmed over this article i sent out and posted on my blog. what i read was enough for me to realize that the article is noteworthy regarding the greater issue of Health Freedom.
it seems to stand to reason, that back when the government was not in the business of Health Care, it was affordable. if you are in your 40's or older, do you ever recall your parents being worried over medical bills? i don't! why? because it wasn't an issue, and coincidentally, the government was not so involved in the market of health care and medicine.
but again, this issue is much larger than merely addressing the problems in our current "Health Care System". besides government bureaucracy negatively affecting the prices of health care & medicine, i question:
• why the FDA approves poisons for our foods & medicines;
• why various natural drugs and remedies are made "illegal" when they have been proven for millennia to have legitimate medical uses;
• why alternative treatment centers for willing patients having no hope for cure have been run out of "America";
• why we are not addressing the fascism within our corrupt system, which has married BIG PHARMA with BIG GOVERNMENT.
further, in addressing any issue where money is one of the major hurdles, we also must look at deficit spending, and for that matter, 100% fiat currency created by a fractional banking system which has become corrupted to the point of insanity over the last century. we simply cannot expect things to be affordable when we have allowed the USD to become entirely worthless. how much longer before our economic condition becomes identical to that of Zimbabwe?
one of the primary fundamental issues regarding the health care debacle, is the revelation which many Americans have apparently not yet realized: providing health care is not a right -- individuals do not have an entitlement to health care. this deception has pulled the wool over the eyes of so many Americans.
we have no more entitlement to government provided health care than we do for government provided food, shelter, or clothing. to live in a free society, We the People have to provide for ourselves!
now, if We the People have grown tired of providing for ourselves, and we would collectively rather have a complete Nanny State, where the government provides everything for us, then that is up to US.
and that is exactly where "America" has been headed for over half its life -- probably since the 14th Amendment was ratified at the close of the Civil War, but certainly since 1913, when the Federal Reserve and the Income Tax was instituted, snowballing into an even deeper pit of authoritarian deception by the 30's with the so called, "New Deal".
"America" will reap exactly what it has sown -- we will get what is coming to us as we continue to dispense with nearly every single aspect of LIBERTY we still have... and this particular dispensation is a BIG ONE, as we are on the brink of giving up our last claims over our unalienable right to Health Freedom -- that's Health Freedom, NOT Health Entitlement.
when an individual is no longer allowed to have control over his own health and well being, that individual is simply no longer a free man... or woman, wherever applicable! ;-)
in liberty,
bernard baruch carman
- seeker of truth / seeder of truth •∞Liberty
- infinity games ∞ infinity solutions ∞ audio/Mac specialist

How the Freedom to Contract Protects Insurability

Paul Hsieh

In a free market, profit-seeking businessmen would likely sell insurance coverage to individuals with preexisting conditions for an appropriate price, just as they would seek to meet substantial demand for any service if profitable. However, in the unlikely event that some individuals sought to purchase a policy that covered preexisting conditions, and no insurer would sell them such a policy, they would still have a viable alternative. They would be free to form their own risk pool with other like-minded individuals willing to share those risks. They would be free to create their own insurance company.

In fact, many Americans have already formed private pools in which members voluntarily share each other's health-care costs. For instance, more than 100,000 American Christians are members of "health-care sharing ministries"—arrangements whereby members pay a monthly fee to the ministries, which in turn distribute that money to other members facing expensive medical bills. Such groups typically accept members who meet certain religious and lifestyle requirements regardless of preexisting medical conditions.

Unfortunately, these health-care sharing ministries currently cannot guarantee payments to their members, because the government would then treat them as insurance companies5 and subject them to myriad onerous state and federal regulations that specify what prices they may charge, what benefits they must offer, and which customers they must accept.6 The only thing preventing individuals from creating their own contractually binding risk pools today is the government...


  1. a friend writes:

    >The hospital, the ambulance company,
    > and the doctor all have to write off
    > his bill. These costs don't just go
    > away. They get passed on to people
    > like me who have health insurance.

    Why would "the hospital, the ambulance company and the doctor" pass the cost to your insurance company? It's their cost, not the insurance company's cost. Why would an insurance compny accept the cost of an uninsured patient who defaults on a payment?

    This does not seem to a problem for other industries. If someone defaults on a payment, a company will sell the debt to a collection agency. And the debtor is reported to a credit agency. What the company does not do is confiscate money from all other customers to pay the debt of one deadbeat customer.

    One solution is for "the hospital, the ambulance company and the doctor" to buy their own insurance to mitigate the risk of defaulting patients.

    To think that the solution to this problem is to use the coercive force of government to simply violate everyone else's individual rights is unacceptable. Especially when it is the government that restricts the free market options available to private businesses in the first place. The answer is not to increase government interference but to completely remove government interference in the economy and let independent businessmen determine their own fate in a free, unregulated marketplace.

  2. Bernard – here’s how I answer these questions:

    Q: What is the solution to the many uninsured people that are currently out there?  

    Medicaid already exists as a government program to provide health care to poor Americans (and Illegals) who do not have Insurance.

    It’s a failed programs hundred of BILLIONS of dollars in debt, and it was essentially a government-run health insurance program – just like the one Obama is proposing we nationalize and force everyone on.

    The solution is for Americans to pay for their OWN health care.  You have to pay for the food you choose to eat – the place you choose to live – why do we think we can have our neighbors pay for our health care?  Pay for it yourself.  Make payment arrangements.  I do.  I have no insurance.  When I pay in cash – I get a discount.  I check the bills to make sure I’m not being charged $20 for an aspirin.  I let God be my insurer – and if I am in need of care, I will most likely make payments as my wife and I have been during the last seven years after her bout with cancer.

    The solution is ALWAYS to choose and do for oneself if you value liberty.  If you empower government to do it for you – you will become a slave.

    Q: Take the guy has no insurance.  He has a catastrophic illness or injury.  He requires a lot of medical care.  He can't pay the bill.  The hospital, the ambulance company, and the doctor all have to write off his bill.  

    That is what Medicaid was supposed to take care of.  The bloat and embezzlement has bankrupted it.  Government mandates have driven rates to the moon.  Telling a doctor he HAS to treat those who have no ability to pay is going to cause him to raise his rates in order to cover the costs he is forced to incur.

    Q: These costs don't just go away.  They get passed on to people like me who have health insurance.  This raises my annual premium.  It's money out of my pocket.

    You can blame the trial lawyers and trival malpractice lawsuits in the billions of dollars in awarded damages for that.  You can also blame the government’s mandate that doctors treat ANYONE – even if they are Illegal Aliens.

    Q: If you are against the current proposals that fix this by forcing everyone to be insured, how do you propose we fix this problem?

    What if I choose NOT to be insured?  What if I want to pay in cash for my own care?  Why will you rob me of that liberty?

    This boondoggle IS NOT a fix.  It is a final death nail for liberty in this country.  I do not accept the premise that our healthcare is in need of “fixing”.  It is the best in the world.  What needs “fixing” is getting the government OUT of healthcare and private industry by fixing the Medicaid and Medicare programs that government ran into the ground.

    Now you people tell us that after the examples of how government mismanaged Medicare and Medicaid – that you now want them to run EVERYONE’S health care insurance??

    No thanks.