Tag: IMAC

Never Mind the IRS, You’d Better Be Nice to Kathleen Sebelius

ObamaCare’s Independent Payment Advisory Board is everything its critics say and worse. It is a democracy-skirting, Congress-blocking, powers-unseparating, law-entrenching, tax-hiking, fund-appropriating, price-controlling, health-care-rationing, death-paneling, technocrat-thrilling, authoritarian, anti-constitutional super-legislature. Its very existence is testament to government incompetence. It stands as a milestone on the road to serfdom.

The Congressional Research Service has now confirmed what HHS Secretary Kathleen Sebelius pretends not to know but what Diane Cohen and I explained here

[I]f President Obama fails to appoint any IPAB members, all these powers fall to Secretary of Health and Human Services Kathleen Sebelius.

That’s an awful lot of power to give any one person, particularly someone who has shown as much willingness to abuse her power as Sebelius has. 

I would also like the Congressional Research Service to address a feature of IPAB that Cohen and I first exposed. According to the statute, we write: 

Congress may only stop IPAB from issuing self-executing legislative proposals if three-fifths of all sworn members of Congress pass a joint resolution to dissolve IPAB during a short window in 2017. Even then, IPAB’s enabling statute dictates the terms of its own repeal, and it continues to grant IPAB the power to legislate for six months after Congress repeals it. If Congress fails to repeal IPAB through this process, then Congress can never again alter or reject IPAB’s proposals.

You read that right. For more, read our paper, especially Box 3 on page 9.

CRS, I’m interested to know what you think. Take a close look at the law and get back to me.

Why I’m Boycotting PolitiFact

Reporters at PolitiFact.com have used me as a resource half a dozen times or so when fact-checking something someone said about health care reform. Sometimes we disagree about where the truth lies, but I’ve always been happy to help. That changed recently, and I should let PolitiFact’s reporters know why.

At the end of each year, PolitiFact sifts through the many claims its reporters have deemed untrue and selects one to be their Lie of the Year. The Lie of the Year award is easily PolitiFact’s biggest publicity-generator. In 2009, they picked Sarah Palin’s “death panels” claim. In 2010, they picked the claim that the new health care law is a “government takeover” of health care.

Looking at those two Lies of the Year together brought a couple of things home for me.

The first is not so much that each of those statements is actually factually true; it is rather that they are true for reasons that PolitiFact failed to consider. PolitiFact’s “death panels” fact-check never considered whether President Obama’s contemporaneous “IMAC” proposal would, under standard principles of administrative law, enable the federal government to ration care as Palin claimed. (In an August 2009 oped for the Detroit Free Press, I explain how the IMAC proposal would do just that.) PolitiFact’s “government takeover” fact-check hung its conclusion on the distinction between “public” vs. “private” health care, without considering whether that distinction might be illusory. (In a January 2011 column for Kaiser Health News, I cite well-respected, non-partisan sources – and even one of President Obama’s own health care advisors – to demonstrate that this distinction is illusory.) Aside from whether they arrived at the truth, each of these fact-checks was woefully incomplete.

Second, PolitiFact’s decision to go further by declaring those statements lies highlights a logical flaw in their Lie of the Year award. For a statement to be a lie, the speaker must know or believe it to be false. In neither the case of “death panels” nor “government takeover” has PolitiFact offered any evidence that the speakers knew or believed their statements to be false. Until PolitiFact offers such evidence, it has no factual basis for calling either statement a lie. Moreover, if PolitiFact’s reporters believe that Sarah Palin et alia believe that what they said was true – and I would be willing to bet good money that they do – then PolitiFact’s reporters know that their past two Lies of the Year aren’t really lies.

I have concluded that the errors in those two fact-checks, plus the fundamental (and rather ironic) error at the heart of PolitiFact’s Lie of the Year award, are serious enough that until PolitiFact addresses them I can no longer serve as a resource for PolitiFact in good conscience. Since January, I have declined maybe four requests for help from PolitiFact reporters, and will politely continue to do so until they address these errors.

Some conservatives think PolitiFact is a left-wing outfit. I don’t think that’s true, and I have defended PolitiFact against that charge. I believe that PolitiFact’s reporters are earnestly doing their best to get at the truth. But there’s a tension between that belief and these errors. Whether PolitiFact recognizes and addresses that tension will tell us a lot about PolitiFact.