Federal Court Upholds E-Verify Federal Contractor Rule
The amnesty lobby suffered a significant setback last week as a federal court upheld a regulation that will require most federal contractors to use E-Verify — the online, electronically operated employment verification system that allows employers to quickly and easily check the work authorization status of their new hires. (The New York Times, August 27, 2009).
The ruling came more than eight months after a coalition of special interest groups — including the U.S. Chamber of Commerce; Associated Builders and Contractors, Inc.; the Society for Human Resource Management; the American Council on International Personnel; and the HR Policy Association - sued to block the rule from taking effect on its original targeted implementation date of January 15, 2009. (See FAIR's Legislative Update, January 5, 2009).
The push to require federal contractors to use E-Verify has had a long history. On June 6, 2008, then-President George W. Bush signed Executive Order (EO) 13,456, which amended EO 12,989 to require federal contractors to use an electronic employment eligibility verification system to verify the work authorization status of their employees. EO 13,456 also required the Secretary of the Department of Homeland Security (DHS) to choose the verification system to be used. (EO 13,456, June 9, 2008). On June 9, 2008, former DHS Secretary Michael Chertoff designated E-Verify as the system to be used by federal contractors under the EO. (DHS Press Release, June 9, 2008). The Final Rule implementing President Bush's EO was issued in mid-November 2008. (Final Rule, November 14, 2008).
On December 23, 2008, a coalition of special interests filed a complaint in the U.S. District Court for the Southern District of Maryland alleging that the Final Rule was unlawful because it violated the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRIRA). The plaintiffs argued that Secretary Chertoff had violated Section 402(a) of IIRIRA, which states that "the Secretary of Homeland Security may not require any person or other entity to participate in a pilot program [of employment eligibility confirmation]." In designating E-Verify as the electronic employment eligibility verification system to be used by federal contractors under President Bush's EO, the plaintiffs alleged that Chertoff had violated this statutory prohibition. The complaint contained several other allegations, including a claim that the Final Rule violated a separate IIRIRA statutory prohibition against re-verifying the work authorization status of existing employees. (Complaint, December 23, 2008).
In last week's decision, Judge Alexander Williams, Jr. rejected the claims made by the coalition of special interest groups. Judge Williams noted that "[t]he decision to be a government contractor is voluntary and…no one has a right to be a government contractor." Williams added that, even though the Final Rule requires federal contractors to enroll in E-Verify, "[p]otential government contractors have the option not to contract with the government," so Secretary Chertoff hadn't actually required anyone or any entity to use E-Verify. Judge Williams also went on to reject the coalition's claims that the E-Verify contractor rule violated an IIRIRA prohibition against re-verifying the work authorization status of existing employees. According to Williams: "Nothing in IIRIRA explicitly prohibits the Executive Branch from using E-Verify for current employees." (Decision, August 25, 2009).
The Obama Administration has indicated that it intends to implement the final rule on September 8, 2009 — after having delayed the regulation on three separate occasions. (See The Washington Post, January 30, 2009 and FAIR's Legislative Updates from April 20, 2009; June 8, 2009 and July 13, 2009).However, the E-Verify program itself is set to expire on September 30, 2009. While many immigration reformers have been insisting that the program be permanently reauthorized, the Administration has avoided adopting such a position. Senator Jeff Sessions (R-AL) successfully attached a related E-Verify amendment to the Fiscal Year 2010 Homeland Security spending bill that would (1) permanently reauthorize E-Verify and (2) require all federal contractors to use E-Verify to check the work authorization status on all of their new hires, plus existing employees who are assigned to affected federal contracts. The fate of the Sessions Amendment is uncertain, however. The Homeland Security spending bill is scheduled to move to a House-Senate conference sometime in September. Since the House version of the bill does not contain the Sessions Amendment, the Conference Report — which would likely become law - may include or drop this language. (See FAIR's Legislative Update, July 13, 2009).
Thursday, September 10, 2009
Illegal Aliens Will Get Health Benefits Under House Bill
Congressional Research Agency Confirms Illegal Aliens Will Get Health Benefits Under House Bill
Last Tuesday, the Congressional Research Service (CRS), which is the non-partisan "research arm" of the United States Congress, issued a report that concludes that illegal aliens will be able to receive benefits under the House health care bill (H.R. 3200) through two major loopholes. (See CRS Report and FAIR Press Release, August 26, 2009).
According to its own website, CRS is a legislative branch agency that provides Congress with "policy and legal analysis" that is authoritative, objective and accurate. (CRS website). The latest CRS report validates what FAIR has been saying for the past month and a half — that illegal aliens will be able to receive taxpayer-funded health benefits under the House health care bill. (See FAIR's Legislative Updates, July 20, 2009; July 27, 2009 and August 3, 2009).
The House bill creates an "exchange" and "all individuals," which would include illegal aliens, are eligible to participate in the exchange. Anyone who participates in the exchange, and does not otherwise have health insurance, can either enroll in the public option plan created by the House bill or enroll in a private insurance plan. Accordingly, the first loophole that provides illegal aliens with health insurance is the ability for illegal aliens to freely enroll in the taxpayer-subsidized public option. According to CRS, "H.R. 3200 does not contain any restrictions on non-citizens — whether legally or illegally present, or in the United States temporarily or permanently — from participating in the Exchange." (CRS Report). Accordingly, illegal aliens can enroll in the public option, courtesy of the American taxpayers, to meet their health insurance needs. (See CNN.com, August 2009).
The second major loophole is the failure to require any meaningful verification procedure for taxpayer-subsidized insurance credits. Under the House bill, individuals who buy private insurance through the Exchange may receive an affordability credit to offset the cost of insurance. This credit is ostensibly limited to individuals lawfully present in the U.S., but CRS (like FAIR) notes the complete absence of any provision in the House bill that requires verification of eligibility for the affordability credits. Without such a mechanism, there is nothing in the bill that will prevent illegal aliens from receiving this taxpayer subsidy to buy private health insurance.
These conclusions by CRS should eliminate any remaining doubt about whether illegal aliens will receive health benefits under the bill. As a result of this report, President Obama can no longer characterize the concerns about the illegal alien health care loophole under the bill as "misinformation." (See FAIR's Legislative Update, August 24, 2009 and FAIR's Health Care Podcast, August 24, 2009). In addition, Members of Congress can no longer claim the bill prevents coverage for illegal aliens, and the media can no longer suggest this concern is a "myth." (See FAIR's House bill summary and Townhall.com, August 27, 2009).
Federal Court Upholds E-Verify Federal Contractor Rule
The amnesty lobby suffered
Last Tuesday, the Congressional Research Service (CRS), which is the non-partisan "research arm" of the United States Congress, issued a report that concludes that illegal aliens will be able to receive benefits under the House health care bill (H.R. 3200) through two major loopholes. (See CRS Report and FAIR Press Release, August 26, 2009).
According to its own website, CRS is a legislative branch agency that provides Congress with "policy and legal analysis" that is authoritative, objective and accurate. (CRS website). The latest CRS report validates what FAIR has been saying for the past month and a half — that illegal aliens will be able to receive taxpayer-funded health benefits under the House health care bill. (See FAIR's Legislative Updates, July 20, 2009; July 27, 2009 and August 3, 2009).
The House bill creates an "exchange" and "all individuals," which would include illegal aliens, are eligible to participate in the exchange. Anyone who participates in the exchange, and does not otherwise have health insurance, can either enroll in the public option plan created by the House bill or enroll in a private insurance plan. Accordingly, the first loophole that provides illegal aliens with health insurance is the ability for illegal aliens to freely enroll in the taxpayer-subsidized public option. According to CRS, "H.R. 3200 does not contain any restrictions on non-citizens — whether legally or illegally present, or in the United States temporarily or permanently — from participating in the Exchange." (CRS Report). Accordingly, illegal aliens can enroll in the public option, courtesy of the American taxpayers, to meet their health insurance needs. (See CNN.com, August 2009).
The second major loophole is the failure to require any meaningful verification procedure for taxpayer-subsidized insurance credits. Under the House bill, individuals who buy private insurance through the Exchange may receive an affordability credit to offset the cost of insurance. This credit is ostensibly limited to individuals lawfully present in the U.S., but CRS (like FAIR) notes the complete absence of any provision in the House bill that requires verification of eligibility for the affordability credits. Without such a mechanism, there is nothing in the bill that will prevent illegal aliens from receiving this taxpayer subsidy to buy private health insurance.
These conclusions by CRS should eliminate any remaining doubt about whether illegal aliens will receive health benefits under the bill. As a result of this report, President Obama can no longer characterize the concerns about the illegal alien health care loophole under the bill as "misinformation." (See FAIR's Legislative Update, August 24, 2009 and FAIR's Health Care Podcast, August 24, 2009). In addition, Members of Congress can no longer claim the bill prevents coverage for illegal aliens, and the media can no longer suggest this concern is a "myth." (See FAIR's House bill summary and Townhall.com, August 27, 2009).
Federal Court Upholds E-Verify Federal Contractor Rule
The amnesty lobby suffered
DOCTOR SHORTAGE WILL WORSEN HEALTH BILL IMPACT
DOCTOR SHORTAGE WILL WORSEN HEALTH BILL IMPACT
The fundamental question that the Obama Administration has never answered is a simple one: How can they treat 50 million new patients with no extra doctors?
A new report from the American Association of Medical Colleges underscores the urgency of this concern. The Association notes that the United States now suffers from a shortage of 15,000 doctors - a shortfall that is expected to grow to 125,000 in fifteen years. And, the Association reports, if universal health insurance is passed, the shortage will grow to over 150,000 by 2025.
While the number of elderly people in the U.S. is expected to grow by 60% over the next decade and a half, the number of doctors will increase by only about 6%. (Total U.S. population will rise by about 17% over the same period).
This shortage of doctors will, inevitably, lead to the rationing of medical care, more quickly and drastically if the Obama plan is passed. In Massachusetts, where universal health coverage was enacted under Governor Mitt Romney in 2006, the Medical Society found that the number of patients who reported difficulty in getting care has already risen by 50% up to a quarter of the patient population. The New York Times reports that "a main reason for the logjam was long waiting times for appointments."
In 1949, when President Harry Truman first proposed mandatory health insurance, he coupled his initiative with an expansion of federal aid to medical schools. But Obama makes no provision for an expansion of the pool of doctors, even as he grows the population of patients by up to 50 million.
Indeed, by cutting medical fees by dropping the reimbursement rates under Medicare, he likely will hasten the retirement of many medical professionals worsening the underlying shortage. The Times quotes medical experts as predicting that the three years specified in the House bill as the time by which universal health insurance coverage will take effect "is not nearly enough time to build the supply of doctors needed to care for the additional tens of million of people who would become newly insured."
Because there will not be enough doctors, nurses, and medical equipment for the massive influx of patients under the Obama plan, there will be rationing, more draconian year after year. As in Canada, it is this fundamental discrepancy between the number of patients and the population of doctors that will lead to rationing. From there, the inevitable consequence will be cutbacks in care for the elderly. Optional procedures, vital to quality life but not to survival, are likely to be limited. Hip replacements, new knees, hearing aids, and such are less and less likely to be approved. And, medical administrators will be less likely to OK surgery or expensive medical treatments for the elderly who they perceive to be at the end of their "quality" years.
It is the shortage of doctors, not any specific language in the text of the legislation, that makes rationing and the so-called "death panels" cited by Sarah Palin inevitable.
We all agree that everybody should have health insurance, but let us precede this step by expanding the number of doctors and nurses so that we can cover everyone without sacrificing the care for anyone. Otherwise, we are not giving 50 million new people medical care. We are consigning 300 million, and particularly the elderly among them, to long waiting lists.
By DICK MORRIS / EILEEN MCGANN
White House Secrets Revealed as Never Before - Click here!
https://www.newsmaxstore.com/nm_mag/aug09.cfm?PROMO_CODE=8824-1
Do You Really Want Sarah Palin in 2012?
http://news1.newsmax.com/palin/?PROMO_CODE=8825-1
The fundamental question that the Obama Administration has never answered is a simple one: How can they treat 50 million new patients with no extra doctors?
A new report from the American Association of Medical Colleges underscores the urgency of this concern. The Association notes that the United States now suffers from a shortage of 15,000 doctors - a shortfall that is expected to grow to 125,000 in fifteen years. And, the Association reports, if universal health insurance is passed, the shortage will grow to over 150,000 by 2025.
While the number of elderly people in the U.S. is expected to grow by 60% over the next decade and a half, the number of doctors will increase by only about 6%. (Total U.S. population will rise by about 17% over the same period).
This shortage of doctors will, inevitably, lead to the rationing of medical care, more quickly and drastically if the Obama plan is passed. In Massachusetts, where universal health coverage was enacted under Governor Mitt Romney in 2006, the Medical Society found that the number of patients who reported difficulty in getting care has already risen by 50% up to a quarter of the patient population. The New York Times reports that "a main reason for the logjam was long waiting times for appointments."
In 1949, when President Harry Truman first proposed mandatory health insurance, he coupled his initiative with an expansion of federal aid to medical schools. But Obama makes no provision for an expansion of the pool of doctors, even as he grows the population of patients by up to 50 million.
Indeed, by cutting medical fees by dropping the reimbursement rates under Medicare, he likely will hasten the retirement of many medical professionals worsening the underlying shortage. The Times quotes medical experts as predicting that the three years specified in the House bill as the time by which universal health insurance coverage will take effect "is not nearly enough time to build the supply of doctors needed to care for the additional tens of million of people who would become newly insured."
Because there will not be enough doctors, nurses, and medical equipment for the massive influx of patients under the Obama plan, there will be rationing, more draconian year after year. As in Canada, it is this fundamental discrepancy between the number of patients and the population of doctors that will lead to rationing. From there, the inevitable consequence will be cutbacks in care for the elderly. Optional procedures, vital to quality life but not to survival, are likely to be limited. Hip replacements, new knees, hearing aids, and such are less and less likely to be approved. And, medical administrators will be less likely to OK surgery or expensive medical treatments for the elderly who they perceive to be at the end of their "quality" years.
It is the shortage of doctors, not any specific language in the text of the legislation, that makes rationing and the so-called "death panels" cited by Sarah Palin inevitable.
We all agree that everybody should have health insurance, but let us precede this step by expanding the number of doctors and nurses so that we can cover everyone without sacrificing the care for anyone. Otherwise, we are not giving 50 million new people medical care. We are consigning 300 million, and particularly the elderly among them, to long waiting lists.
By DICK MORRIS / EILEEN MCGANN
White House Secrets Revealed as Never Before - Click here!
https://www.newsmaxstore.com/nm_mag/aug09.cfm?PROMO_CODE=8824-1
Do You Really Want Sarah Palin in 2012?
http://news1.newsmax.com/palin/?PROMO_CODE=8825-1
is Obama actually aiding and abetting Medicare fraud and waste?
is Obama actually aiding and abetting Medicare fraud and waste?
If President Obama is aware of any fraud and waste in Medicare,
and doesn't do anything about it, isn't he guilty of mismanagement ?
If President Obama is aware of any fraud and waste in Medicare,
and doesn't do anything about it, isn't he guilty of mismanagement ?
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