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Rep. Alan Grayson

Rep. Alan Grayson

Posted: April 9, 2010 11:31 AM

Do You Want to Make History?

What's Your Reaction:

Congress just passed health care reform for all Americans.  This law will now be interpreted by the Executive Branch and the courts for generations.  Even a 2700-page bill is not self-explanatory. There will be regulations. And wherever there is ambiguity, there may be lawsuits.

One way courts interpret new laws is through legislative history.  Legislative history includes the debates and comments by the members of Congress who voted on the bill, as recorded by the Congressional Record.

Therefore we have the opportunity to explain what this bill means.  Or, actually, I have that opportunity, which I'm sharing with you. I'm preparing an official statement that will be included in the Congressional Record early next week.  This will be an official interpretation of what specific provisions in this law mean.  To do this, I want your help.

I'm not looking for what you think the bill ought to have. I'm looking for what you think the bill already has, that needs to be explained further.

Read the bill here: http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=111_cong_bills&docid=f:h4872enr.txt.pdf

Then, submit your comments to me here: https://spreadsheets.google.com/viewform?hl=en&formkey=dDR1VEprem1HMGpRajNoVGdCTi1vcHc6MQ

I won't be able to submit every comment for entry into the Congressional Record, or anywhere close to that. However, we will read them, consider them, and submit the most crucial entries regarding this most crucial law, in the Congressional Record. Thank you.

 

Follow Rep. Alan Grayson on Twitter: www.twitter.com/alangrayson

 
 
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HUFFPOST BLOGGER
Jeff Norman
10:12 PM on 04/11/2010
Fair and pertinent questions:

What exactly in the Constitution authorizes the mandate to buy insurance and the penalty for noncompliance?

Is the penalty for noncompliance a fine or tax or something else?

If it’s a tax, why did President Obama tell George Stephanopoulos it’s not?

http://www.youtube.com/watch?v=rL7ak__Mgyw
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HUFFPOST BLOGGER
Jeff Norman
10:25 PM on 04/11/2010
One other question:

Is the authority to impose a penalty separable from the authority to require the purchase of insurance, or are the two elements of the bill unavoidably connected?
10:46 PM on 04/10/2010
While I read the Law and do further analysis, Congressman Gayson, I'd like to suggest up front I've heard from others and in debate that the Bill has too little enforcement, and I hope its just not true, for violations of the new Law by health insurance companies. If they pay no serious consequence for ignoring the Law, what's their incentive to change and to begin doing the right thing, when they pay only a $100 fine for denying a half million dollars of cancer treatment?
11:05 PM on 04/10/2010
Excuse the typo, Congressman Grayson, my 'r', 't', '5' and '6' have been working less well since a spill on the keyboard. I WILL have some money for YOUR campaign this year.
05:53 PM on 04/10/2010
Be sure to include the Republican version of Health Care for America
so that future generations will look
back on this mess, and a least get to smile.
12:23 PM on 04/11/2010
I had always heard the Republican plan was "Don't have health insurance? Get some!".
Excuse me while I wipe away the dripping irony.
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CHICAGOSTYLE
04:56 PM on 04/09/2010
it is being reported RIGHT NOW, that there is an insurance blackout in Mass. due to a freeze on premiums,,, no insurance company will now offer new insurance to small businesses ...Sorry Al, you gotta get behind a better horse if you want to get reelected
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HUFFPOST SUPER USER
DavidShort
02:56 PM on 04/09/2010
In other words, we need to inject something to support this monstrocity as it will not stand on its own.

In some parts of the world, and even ours at one time, we called that revisionist, or even propaganda. If a bill cannot stand on its own merits, then it should go. If it has to be sold, propped up, or simply "because I said so" that should be a warning bell for anyone.
03:20 PM on 04/09/2010
please READ the article before commenting -- "I'm looking for what you think the bill already has, that needs to be explained further"
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HUFFPOST SUPER USER
DavidShort
03:42 PM on 04/09/2010
I did, hence the post.
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dcjdjay
10:19 PM on 04/09/2010
In every democracy in the world, including ours, virtually every single piece of legislation since the dawn of legislation has been interpreted using legislative history. This is often done when a statutory provision doesn't account for certain scenarios, is silent on something, or (as is often the case) was poorly drafted.
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DavidShort
09:38 AM on 04/10/2010
We do not live in a Democracy. We live in a Constitutional Republic. We democratically elect our representatives, and they vote for legislation. But at the end of the day, that legislation has to square with the Constitution. Buttressing that legislation after the fact to prop it up against a Constitutional challenge is near prima fasia that the legislation is unConstitutional.

The flip side to that is the propaganda machine did not work up to expectations this go around, and it has little enough support that it has to be fired up again.
This user has chosen to opt out of the Badges program
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02:25 PM on 04/09/2010
Wow, the naysayers seem to be out in force today. Why don't some of you go for a stroll, it's a fairly nice day, and fondly recall all the wonderful things 8 years of Bush brought us. Or at least brought us to the brink of. Have a great time!
01:42 PM on 04/09/2010
So Mr Grayson....How much are our insurance premiums going down because of the cost savings?
01:36 PM on 04/09/2010
For starters, Rep. Grayson, you might want to (for the record) correct your very first sentence here.

How is this bill for *all* Americans when it leaves tens of millions out?

And how is it for *all* Americans when at least an equal number of those left out will not be able to afford it since there is no anti trust exemption repeal, and no regulations on premiums, copays, deductibles?

Yes, I know about the subsidies and tax credits, but I also know about 'falling through the cracks' into that gray area.

Please, keep it real.

Thank you.
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HUFFPOST SUPER USER
margoharris
I used to be Snow White but I drifted.
05:42 PM on 04/10/2010
There are regulations on premiums and copays and deductables. Why do you read the bill.
01:18 PM on 04/09/2010
Sorry but I have read enough about the bill to know that there is nothing to contain premiums and deductibles, that all the "goodies" being touted are far enough in the future that insurance can get rid of them, that drugs will still be expensive, that $250 is an insult compared to the $4500 or whatever in that donut hole (put Congress in the donut hole, bet it would get fixed), that states either cannot afford to offer a public option or already are owned by insurance, that insurance companies are busy transferring expenses into that "medical costs" bucket and thus gaming that 80-20 ratio, that insurance companies are guaranteed a profit, which they are free to obtain by limiting access to health care and/or raising premiums....

No thanks, I don't want my name on any comments about this crap on the Congressional Record.
Should have stuck by that Public Option thing, sweetie - because Rahm can't vote for you.
01:36 PM on 04/09/2010
"but I have read enough about the bill...."

so, you have swallowed the "interpretations" of others but haven't bothered to read it for yourself. You also seem to not understand that regulatory bodies may set up procedures and guidelines that may impact premiums. Additionally, you seem unaware of the facilitation of collective bargaining (a market means of helping to hold down price increases)....

I'm not saying the bill does or does not have various provisions....I'm just pointing out how inadequate your "read enough about the bill..." is.
08:52 AM on 04/10/2010
Sorry my phrasing is inadequate. Which is a piss-poor reason to dismiss it.
Regulations - oh yeah, so far regulating banks and Wall Street has been so effective.
A stern letter from Sebelius seems to be the only regulation.
And insurance companies are even now raising premiums, shifting all possible costs into medical care column, etc. with impunity.
Collective bargaining is years and years away, I am quite aware of it, and I am quite aware of all the loopholes and lead time that insurance has built in, in order to nullify it.
So save your "inadequate" for your response.
01:12 PM on 04/09/2010
Good idea Mr. Grayson. However many of the commenters here don't seem interested in participating.
02:05 PM on 04/09/2010
I'm guessing that a lot of those commenting are actually Republicans...Not participating and just spewing opposition comes naturally to them
08:40 AM on 04/10/2010
Um, no, I was a Democrat my whole life - until this year. I am not participating in that phony us vs them distraction thing, sorry.
12:41 PM on 04/09/2010
Mr. Grayson since you'll be out of a job come November, what are your plans for the future? Any truth to the rumors your accepting a job from Disney World to replace DUMBO in an upcoming movie? Please keep your fans informed.
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dim
one in a can
12:49 PM on 04/09/2010
You need to spice up your wet dreams a little. Boring.
02:52 PM on 04/09/2010
Are you 5 or 6?
12:34 PM on 04/09/2010
If Rep. Grayson wants to make any more history, he should be quick about it. He's going to BE history come November.
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dim
one in a can
12:50 PM on 04/09/2010
Not bloody likely.
12:19 PM on 04/09/2010
Rep. Grayson, are you asking for help actually, uh, rewriting history? Because I'm... very skeptical about this.

The bill should stand as its own explanator. Those of us (myself included) who opposed the bill because we felt that it amounted to a handout to insurers have already seen plenty of revisionist historians claiming that it amounted to "health care for all" or similar nonsense.

While the bill does have strong points, please allow the real progressives and liberals who opposed it the last dignity of not attempting to rewrite history and make it seem like some sort of towering achievement when it was clearly, at best, a very narrow political victory.
12:33 PM on 04/09/2010
Reading isn't a strong point for you, is it. Rep Grayson explained, actually quite clearly, what he is going to try to do and why it needs to be done. You don't like it, fine, but the only revisionism so far is that you don't seem to care about the actual request and are twisting it for your own, quite different, ends.

Rep Grayson noted, again clearly, that he's going to attempt to clarify what the bill says, not change it. During the debate (ha, hard to call it that) the Republicans repeated the same dishonesty over and over, getting it recorded and repeated beyond the halls of Congress. Anything that can be done to be honest and truly explanatory is to be lauded.

I don't think the bill was nearly enough either. So I'm going to work with those who seem to want to continue to make things better by futher legislation to help Americans, whether single payer option or other means. By the definition of compromise, we won't get what we want entirely. But we can improve, and continue to improve our land and it's laws.

I'm old. I saw student riots and Civil Rights sit-ins, pushes for Womens Studies and seating for students on college boards. I also saw those who said it wasn't enough. Some of them continued to work for change, and we're still seeing change. I also saw those who wanted to whine and give up.

Which will you be?
03:42 PM on 04/09/2010
See my comments below to cybexg. I admit that I may have misunderstood this request. If so, I apologize to Rep. Grayson; however, I believe it may be understandable considering that the White House has been basically doing "spin" on the bill ever since it passed.
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HUFFPOST SUPER USER
margoharris
I used to be Snow White but I drifted.
06:07 PM on 04/10/2010
We have to keep fighting. It won't be over in one year or one term or two. Giving up is what the neo-confederates, the Gop, want you to do. They will not give up but they think we are weak and easily discouraged and by the comments I read it may be true. But I'm not giving up, I'll fight for change until I am dead. Then my kids and grandkids will continue the fight. The right will always be there propped up by corporate money and propaganda, which they are very good at.
Forget ideology and fight for every tiny scrape that moves us forward. Obama has done what no one else could do. He needs us to "make him do it" it ain't over.

So sit there and whine and threaten to withold support and see how much "progress" it will get you when the b@st@rds get hold of the levers of power agains. As for me I'm fighting and cheering any victory that will move us toward the future and not the past.
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ProudLiberalDan
Standing up an fighting conservatives since 1987
12:38 PM on 04/09/2010
Well stated.

The only thing I am interested in now since I've been thrown to the corporate insurer wolves is obtaining the choice of a public option or Medicare buy-in as an alternative for everyone.
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jcaunter
11:57 AM on 04/09/2010
You're a good guy Grayson, but we don't figure out someway to dump the mandate or get a medicare expansion (I know, right) or strong public option, Democrats are going to get toasted in November and in 2012.

Personally, I'd prefer that Democrats not get toasted, if no other reason than that the majority of Republicans are slightly worse than the majority of Democrats when it comes to governing... but if this bill doesn't get fixed one way or the other, I'm going to have to hold my nose and vote third party. Or Republican, if there's a Democrat I intensely dislike, such as Senator Bill Nelson, on the ticket. Sorry.
01:41 PM on 04/09/2010
Myself, I prefer that Democrats act like Democrats and not betray us or the platform they ran on.
These days, I don't see much difference between Ds and Rs.
In fact, they're two sides of the same corporate coin.

The rest of us? I guess we can eat cake (crumbs).
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DavidShort
02:57 PM on 04/09/2010
PJay, the 2 heads on the same snake.