Wednesday, July 13, 2011

Did Secretary Sebelius Read the Bill?

Testifying before the Energy and Commerce Committee, Secretary Sebelius was just asked what redress someone would have if they were denied access to care as a result of the recommendations of Obamacare’s IPAB treatment denial board.  Her response: “A court challenge.”

But here’s what page 420 of the law actually says regarding review of IPAB’s recommendations:

(5) LIMITATION ON REVIEW.—There shall be no administrative or judicial review under section 1869, section 1878, or otherwise of the implementation by the Secretary under this subsection of the [IPAB] recommendations contained in a proposal.

The Secretary alleged that access to the courts for beneficiaries would be maintained if IPAB did exceeded its statutory authority and “rationed” care.  But because the statute itself doesn’t define what “rationing” is, how can anyone claim the IPAB exceeded its authority and “rationed” health care?

The fact remains that the IPAB will give virtually unlimited power to a board of unelected, unaccountable bureaucrats to reduce Medicare spending.  And Secretary Sebelius’ inability to articulate a way in which someone could actually challenge IPAB recommendations in court just confirms that notion.