Obamacare and the Fourth Amendment

The Obamacare bill has been made public and those of us that actually believe in the Fourth Amendment may see cause for concern.
The bill makes mention of “revisions” that need to be made to HIPAA, presumably to clear a path for Section 3102 (pg. 39-40):

(1) IN GENERAL – A State shall keep an accurate accounting of all activities, receipts, and expenditures of any Gateway operating in such State and annually submit to the Secretary a report concerning such accountings.
(2) INVESTIGATIONS – The Secretary may investigate the affairs of a Gateway, may examine the properties and records of a Gateway, and may require periodical reports in relation to activities undertaken by a Gateway. A Gateway shall fully cooperate in any investigation conducted under this paragraph.

As Ed Morriessy points out, a “Gateway” is a “provider” and there is no mention of Fourth Amendment protections in this section. God forbid the federal government actually follow the Constitution and Bill of Rights.
Many of you may remember HB 614 from this past session of the Georgia General Assembly (it was eventually defeated due to privacy concerns). It was similar in that it dealt with warrantless searches and seizures of very private information.
In other words, what Fourth Amendment rights we have left, if any, after the Bush Administration (PATRIOT Act, NSA wiretapping, etc), they will be further diminished after the Obama Administration. All in the name of “security” and collectivism.

2 Comments on "Obamacare and the Fourth Amendment"

  1. In my opinion this is the battle that we must fight the Obama administration on the most. I am a Registered Nurse and this will be the death to our healthcare system. Think about it – we have people from the UK and Canada saying – what are you doing? and Why are you considering this? People will have insurance but they will not have healthcare, it will be rationed and people will die from it – whereas before this they would have the opportunity to receive care and the chance to live.
    Also, by Obama taking over healthcare think about the freedom aspect of it – Rush Limbaugh spoke about this and made a really good point – you go to the movies and eat popcorn with butter – that might not be good for your health – you will be taxed, soft drinks, etc… and you can add in any example you want – Obama and his health czars will try and control your life.
    Thomas Jefferson said it best when he said “A government big enough to give you everything you want, is strong enough to take everything you have.”.
    Great blog – had not thought about it from this perspective as far as privacy but very true too – all around this proposal of Obamacare is wrong on so many levels and needs to be stopped!!!

  2. More intervention and more government control and erosion of the peoples rights is never the answer.
    I’ve said this before about other business sectors and it hold true here as well. It is the natural inclination of cost to come down while efficiency and or quality goes up when the free market is allowed to work. In any business sector, electronics, auto, housing and even education and the medical industry, competition forces inspires ingenuity. If one sees cost going up while quality or efficiency heads down, 99 out of 100 times, government intervention can be blamed (I was being kind here, it’s probably closer to 100%)… One could even make this argument about election costs and the quality of our elected officials are the result of intervention and ballot access barriers… but that’s a different subject for another time.
    We should not be closing the health care market, we should be opening it up. Currently, when someone has a simple ailment like an earache or sore throat and just needs a prescription for a simple antibiotic,… if they have insurance they have to make an appointment with their doctor. if they don’t have insurance, they go to the emergency room. Why not allow minor colds and injuries be treated by people other than fully educated doctors, like physician assistants or RN’s, is just one way the market could be opened up. . If the operators see something beyond their knowledge they could then refer them up the expertise chain. Another way to open the market would be to allow more clinics to open, like convenience stores. Allow consumers to shop doctors, like we do mechanics for our cars. However we do it, I guarantee, if the market was opened up, cost would go down… and control of our lives and infringements on our rights would not be the end result. More freedom is always the answer. Especially in the market place.

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