Kentucky still abusing health consumers

Kentucky's quiet war on Christians has taken another odd twist.

Official Kentucky inaction on a consumer protection specifically guaranteed in the ObamaCare Affordable Care Act unconstitutionally harms citizens by limiting consumer healthcare choices. Repeated delays in a Department of Insurance investigation leaves unclear the legal status of religious based health sharing organizations and their members, who were granted an exemption from the ObamaCare insurance coverage mandates.

A Consumer Protection Division official in the Department of Insurance confirmed today that no determination has been reached on the legality of Christian health sharing organizations Samaritan Ministries and Christian HealthCare Ministries. A Department of Insurance spokesperson has claimed repeatedly the organizations have been examined thoroughly for several years, so the latest delay in the current six week investigation is perplexing.

Given that another Christian health sharing organization, Christian Care Medi-Share, has been attacked by state insurance officials repeatedly throughout a lawsuit initiated in 2002, consumer confusion caused by arbitrary application of the state's Insurance Code leaves consumers at great risk.

Because of the structure of health sharing organizations, Kentucky law could cause members -- customers -- of the organizations to be defined as insurers and prosecuted as felons.

Kentucky officials should act immediately to clear up this confusion as citizens scramble to find viable healthcare solutions before ObamaCare hits them in 2014.

This can't be good

Someone in Obama's office is reading Kentucky Progress right now:

I'm not going to go Alex Jones on you, but seeing this did kind of give me the willies.

Steve Beshear will be surprised in 2015

Governor Steve Beshear went on the Jack Pattie radio show on WVLK 590 in Lexington this morning to make his case for signing Kentucky up for ObamaCare yesterday. He either doesn't understand what he has just done or really hopes no one is paying attention.

Beshear flatly stated the ObamaCare health insurance exchange won't cost the state anything, that the exchange will pay for itself. This is absolutely false. Increased fees or taxes will be necessary to fund the new bureaucracy after federal funds run out at the end of 2014.

Beshear takes the bait on ObamaCare

Kentucky Governor Steve Beshear couldn't get through the first sentence of today's big press release without telling a lie.

From the release: "Governor Steve Beshear today issued an executive order establishing the Kentucky Health Benefit Exchange, a requirement of the federal Affordable Care Act (ACA)."


The ObamaCare exchanges are optional. Further, refusing to play along is the only way Kentucky could hope to survive the rapid tax, penalty and fee increases for Kentuckians in the federal law.


Federal funding for the Kentucky exchange will dry up at the end of 2014. At that point, Beshear claims the "Exchange will be wholly funded with revenues it generates."


That means either a new tax or some kind of fee increase on health insurance will be necessary. Governor Beshear should be made to explain exactly how much he anticipates the state will spend on the exchange annually and where precisely that money will come from. 

Family Foundation of KY still wrong on health law

The Family Foundation of Kentucky is a leading protector of Christian values in Frankfort. I appreciate much of their work, but they are missing in action on health freedom.

At issue is an apparent unwillingness to accept reality of Kentucky's arbitrarily applied prohibition of an otherwise very viable Christian health insurance alternative called health sharing. This failure is preventing them from doing much good on a key front in the fight against ObamaCare.

The reality is that health sharing is against Kentucky law and it is no matter how much anyone repeats that it is not.

In 2007, the Family Foundation touted a court ruling they thought might put to rest the controversy over health sharing in Kentucky. It did not.

The problems health sharing organizations face in Kentucky will persist at least until the Religious Publications Exemption in the state's Insurance Code is greatly expanded.

The legislative fix is easy. We need to amend KRS 304.1-120(7) like this:

This change would allow all the Christian health sharing organizations currently exempt from ObamaCare to function in Kentucky without fear for themselves or their members of being shut down and possibly charged as unauthorized insurers and jailed as felons.

This should be a simple discussion and not an embarrassing mess full of personal attacks and missing the point. Failure to resolve this quickly and amicably only benefits those who want the government to control all of our health care.

Odd bedfellows can win health freedom fight

Kentucky can absolutely lead the way to health freedom in America, but first we have to break off the lock those who profit most from the status quo have on the debate.

And that means clarifying the value of a free economy for the Christian Right and Left to bring their powerful voices into the fight.

Lots of work to do, but if you look carefully for subtle progress here and here, you just might see where I'm going with this.

Black market Christian health company puts Kentuckians at risk; illegal under federal law

Texas-based Christian health sharing organization Altrua is operating in Kentucky as an illegal insurance company. Its members are also not eligible for the mandate exemption under the Health Care Sharing Ministry section of ObamaCare.

According to the company, Altrua was formed in 2000, which means it can't help you under federal law. The Affordable Care Act doesn't specify penalties for operating as an illegal insurer under that statute, but under Kentucky law, the company and even its members could be charged as felons.

Health reform for Rand Paul and John Yarmuth

U.S. Senator Chuck Grassley of Iowa inserted a religious-based health sharing exemption into ObamaCare before he voted against the entire bill. If we can't kill the whole bill, the current Congress should expand the exemption.

From the Affordable Care Act on page 128, we find the following passage:

What we need more than anything is more alternative forms of protection for Americans, rather than fewer or a fixed number. President Obama and congressional Democrats had to like this passage or they wouldn't have it in their bill, right? Surely they wouldn't mind making it better.

Limiting the exclusion to religious organization who started their health sharing activities on or before December 31, 1999 is discriminatory and arbitrary. If a group of gay left-handed communists want to set up a church and start their own health sharing organization, they should be allowed to under federal law. It is only fair.

Please encourage your member of Congress to amend the Affordable Care Act to strike both references to December 31, 1999 in the Health Care Sharing Ministry section of the bill so that they may do so.

Might Medicaid migration hurt Kentucky?

If Republican governors in Indiana, Ohio, Tennessee and Virginia reject ObamaCare's Medicaid expansion and they are joined by a hesitant Democrat in Missouri, then Kentucky's Steve Beshear could face significant in-migration of low income people seeking government health benefits they can't get in their home states.

Of the seven states surrounding Kentucky, only Illinois and West Virginia seem likely to go for the budget-busting entitlement expansion mandated by ObamaCare but made optional by the U.S. Supreme Court.

Beshear's delay on Medicaid expansion is odd for someone who has supposedly been "studying" these issues for a long time.

Contempt for consumers in Frankfort

A decade-long legal battle between the Kentucky Department of Insurance and Christian Care Medi-Share took another weird turn today when a judge announced he would ignore a year-old contempt of court petition and expects the state to file another one.

Franklin Circuit Court Judge Thomas Wingate said through a spokesperson he now expects the state to re-file against Christian Care Medi-Share soon, after saying last week he was waiting for a meeting between the two parties.

The original contempt of court filing by the state was dated July 27,  2011 after Christian Care Medi-Share, a health sharing organization, was found to be continuing operations in the state despite a 2010 Kentucky Supreme Court ruling ordering them to stop.

Under ObamaCare, members of religious-based health sharing organizations are exempt from the federal insurance mandate. Kentucky’s official hostility to this free market activity has received very little media attention, but the uncertainty caused by this case keeps consumers locked into a health care financing system increasingly overrun by arbitrary and autocratic bureaucracy.

Fear the government

On Friday July 6, a federal jury in Covington convicted a local lawyer on three counts of filing false tax returns.  The charge was that he had under-reporting his income.

The convictions came after four years of prosecution following an armed raid on the lawyer’s offices in April 2008.  At that time agents of the IRS, FBI and DEA along with other law enforcement officials, armed with machine guns, burst into the attorney’s offices and while holding his staff at gunpoint seized his records and computers.

At the same time other groups of armed government agents raided his home and went to his bank seizing records and several hundred thousand dollars in cash.

In the last four years, the government returned all of the cash to the lawyer. Why?  Well, for starters it is no more illegal to hold hundreds of thousands of dollars in cash than it is to hold one hundred dollars in cash.

You might ask, “why would the attorney have so much cash on hand”?  His explanation at trial was that his grandfather had lost everything he had during the depression when his bank failed and he couldn’t withdraw his life savings in time.  The lawyer admitted that he kept some of his money in bank accounts but that he had been slowly putting away his savings in cash for nearly 30 years as his “nest egg”.  He explained that while others had put their money in retirement accounts only to see those accounts lose half their value in recent years, this was his retirement.  He was preparing for an uncertain future.

There being nothing illegal about his cash holdings, the IRS returned all of the cash they seized cash to him.

But for four year they kept up the prosecution which reportedly cost the government perhaps as much as $2 million in taxpayer money. And what was the result?

The result is that the lawyer will likely be sentenced to serve time in a federal prison, which you might note will also be at taxpayer expense. 

In addition he will likely lose his license to practice law which means that he will no longer be the high wage earner he has been for thirty plus years which will cost the government even more money in lost revenue on his earnings.

According to various reports the lawyer asked the government how much they claim he owed them and yet they never supplied him with a figure. 

The government could have charged the lawyer for back taxes, levied a substantial penalty and of course since they already had their hands on more than enough cash to obtained payment, could have settled the matter pretty much on their own terms.  But they did none of these things. Why?

What could possibly have been the purpose of this four year prosecution which was obviously very expensive in more ways than one?

For the answer to this question, go back to where I asked you to stop a minute and assess your reaction to this case and how it made you feel.  Over powering prosecutions like these serve only one purpose, to make an example out of people for the rest of us to see.  In other words, cases like this make us fear our government.

Of course the lawyer denied that he had failed to report any of his income.  In addition to his law practice he ran several businesses and his books were handled by a book keeper, his tax returns prepared by a CPA and he testified that he trusted these professionals to do things right.   But of course the government stood firmly on the law that says no matter who prepares your taxes, your signature means that you have affirmed the accuracy of everything reported on those returns and if any of it is wrong you have committed perjury. 

It is hard to tell how much money this lawyer spent defending himself, but one thing is clear; we have all now been taught to shudder at the thought of the government coming after any of us.

What is the solution?  A lot of politicians these days like to say they favor a “fairer/flatter tax”.  But things don’t seem to be getting any better.

In fact things have just gotten a whole lot worse. The Supreme Court has declared that the penalties under ObamaCare are really a tax which of course will be enforced by the IRS.  The IRS has just added thousands of new agents.  We hear annual reports how the IRS is ramping up its enforcement efforts and with thousands of new agents and a whole new set of laws to enforce things just got a whole lot scarier. 

Is there a plan is to make American citizens fear the government more and more each day?  It should be the other way around.  As Thomas Jefferson said "When governments fear the people, there is liberty. When the people fear the government, there is tyranny."

The time has come to eliminate the IRS, to pass “The Fair Tax” thus removing the need for citizens to file burdensome tax returns under penalty of perjury.  The “Fair Tax” would streamline collection, eliminate loopholes, spread the tax burden equally over the entire population and result in a steady stream of revenue to the government throughout the year.

And the fair tax would eliminate the fear of government agents bursting into your private property wearing bullet proof vests, carrying machine guns aimed at your head and shouting orders at you.  That’s how this case of lawyer, Larry Lawrence started and it will end with him going to prison.

And after considering that he is headed to prison, isn’t it fair to ask “for what”?  Was all of this really worth a few dollars in unpaid taxes?  No matter how much he owed it had to be a drop in the bucket compared to the federal budget. 

Taxes are the tools of tyranny and it should be painfully obvious that this latest criminal case wasn’t about money, it was, as Jefferson warned, all about making citizens fear the government.

Kentucky's bogus Medicaid talking point

Just as Kentucky House Minority Leader Jeff Hoover started pushing last week for Gov. Steve Beshear to avoid the massive unfunded Medicaid expansion option under ObamaCare, media reports of a study showing the state stood to benefit more than any other suddenly appeared.

The report, issued by Kaiser Commission on Medicaid and the Uninsured, saw immediate statewide distribution primarily through public news sites (here and here) and business publications (here and here) and at least one newspaper (here).

Only one tiny problem with that: the report was dated May 2010. These numbers are ridiculously outdated and and the ranking is meaningless, released now as a clumsy attempt to score political points. The fact Kentucky media outlets seem to have swallowed this whole should be incredibly embarrassing for them.

The truth is the massive Medicaid expansion under the Affordable Care Act would very likely result in significant numbers of privately insured low-income people dropping coverage and signing up for Medicaid, according to another old report.

Hope this changes the conversation in Frankfort this week as Beshear weighs whether or not to drive the state to insolvency faster with this easily avoidable government expansion.

Frankfort GOP coming around on ObamaCare

A video released by Kentucky House Republican Leader Jeff Hoover shows the first real sign of life from Frankfort's GOP leadership in support of health freedom in the Commonwealth.

The striking lack of any mention of health insurance exchanges in the video was cured by House Republican Director of Communications Michael Goins, who pointed to a press release mentioning the need to opt out of the exchange at the end of its last sentence.

The effort fits in the "better late than never" category, but not by much. Most Republican legislators voted to give Beshear $50 million to expand Medicaid under ObamaCare. Forcing Beshear and the Democrats to fight on the record for ObamaCare during budget negotiations would have been campaign gold this fall, at the very least.

We need to hear more from Rep. Hoover and other GOP legislators about specific steps to get out from under ObamaCare. A very easy move with a big payoff for consumers would be to expand the Religious Publications Exemption in the Kentucky Insurance Code so Kentuckians could be more confident in the option provided by religious-based health sharing organizations, which are exempted from federal mandates under ObamaCare.

Is Beshear reconsidering ObamaCare?

Within moments of the U.S. Supreme Court ruling upholding ObamaCare, Kentucky Governor Steve Beshear announced he would issue an executive order creating a health insurance exchange under the law. Further, he said he was considering whether to accept the law's attempt to expand Medicaid.

That was a week ago. What's the hold up?

Kentucky can't afford Medicaid now. Indeed, we need fewer people on Medicaid rather than signing up more. Even Beshear, who campaigned on expanding dependency on Medicaid in 2007 and has actively fulfilled that promise since, has to understand this fact.

Frankfort Republicans already gave Beshear $50 million on paper in the 2012 budget bill to expand Medicaid. They did nothing to stop him from setting up the bureaucracy to support an exchange. All he has to do is sign a paper and it is all over. So what is he waiting for?

Could the November elections for nervous House Democrats have something to do with it?

I sure hope so. It would be great to see Greg Stumbo lose his position as House Speaker because Beshear/Obama overreach on health insurance. But it would be better for the state if Beshear admitted that we can't afford it and removed this one piece of uncertainty from the dark clouds blocking Kentuckians' ability to see brighter days ahead.

Judge Wingate flip-flops on health freedom

Less than two weeks ago, Franklin Circuit Judge Thomas Wingate said he would rule soon on the Kentucky health freedom case. Now he says he is waiting for the state and health sharing group Christian Care Medi-Share to meet first.

They aren't likely to meet soon.

The Beshear administration has the people of Kentucky in an ObamaCare headlock and intends to keep us there. Governor Beshear and his minions in the legislature don't want a public discussion about this, so they are pulling all the strings to keep it quiet.

Will we let them succeed?

Kentucky most important health reform state

The health freedom effort in Kentucky got a boost last week with coverage in BusinessWeek and the Christian Broadcasting Network (click the links to read), but all everyone wants to talk about is the U.S. Supreme Court ruling. Go figure.

All kidding aside, it will take a huge effort to rein in the Kentucky Department of Insurance and help create an environment for free market health care in Kentucky. And the federal effort for real reform won't mean anything if we don't get it right in Frankfort.


But if we can make headway in Kentucky, we can help the rest of the nation get out from under government control of healthcare. Kentucky is unique in its constitutional protection of citizens from absolute and arbitrary government. (See Section 2 of the Kentucky Bill of Rights.)


Insurance regulation in the states is almost universally arbitrary in that the laws are too broad and then are applied haphazardly. This chaotic regime is much like having a crazy despot who lets his friends get away with murder but attacks his enemies on a whim. That's no way to regulate anything, much less an industry which such an important impact on the lives of all citizens.


If we can overturn insurance regulation in Kentucky, we can show what a waste of resources government regulation of insurance is. That's because prices will do down and quality of service will go up. When Kentucky does this, people in other states will want to follow suit.


This effort can snowball quickly, but it will take a lot of people spreading the word. Will you help?

If John Yarmuth is only source, you're biased

A pretty important ObamaCare story over the weekend in the Louisville Courier Journal failed the smell test.

The article described a program through which the federal government provided $58 million to fund a scheme created by the "Affordable Care Act" to create a new health insurance co-op in Kentucky.

With supposedly independent programs like this, who needs government run insurance or the so-called public option?

But when the Courier Journal had time last week to talk to anyone with a point of view on this very controversial approach, it seems they could only manage to reach ObamaCare cheerleader John Yarmuth.

Needless to say, he is in favor of it.

In other news, certainly unrelated to bad, unbalanced journalism, the Courier Journal on Sunday pulled down their pay wall that had been telling readers to subscribe or face being shut off from their quality news source.

Kentucky regulators hunting more Christians

The Kentucky Department of Insurance has now received responses from two Christian health sharing companies under investigation for operating as illegal insurance companies. A state official this morning described the late responses as incomplete and said he would send follow-up questions  early next week.

The two companies, Christian Healthcare Ministries and Samaritan Ministries, can't win a cat-and-mouse game with state insurance regulators. Changing Kentucky law to better follow our constitutional protection against arbitrary government power is the only way for this health insurance alternative to escape black market status in Kentucky.

Just letting these companies off the hook is no solution. In fact, doing so would only make the situation worse by increasing the sense of uncertainty in an environment with no fixed rules.

Christians should band together quickly to ensure Kentuckians have unfettered access to greater choices as ObamaCare destroys the more traditional ones. Non-Christians clearly have a stake in this too. They should push state government to restrict the definition of "insurance" in state law to better allow for the creation of a vibrant market in alternative financial products for them as well.

Beshear wants Tea Party rematch

Back on May 7, Governor Steve Beshear's ObamaCare road show started in Frankfort. It ended abruptly the same day when a crowd of tea partiers showed up to ask questions about this government takeover of health care.

Governor Beshear's Health Cabinet Secretary Audrey Haynes told CN2's Ryan Alessi today they are going to give it another shot.

Stay tuned for updates. It will be on their turf again, on their terms. But they still can't answer the tough questions.

What's that in Mitt Romney's punch bowl?

Presidential candidate Mitt Romney might want to talk at length, clearly and forcefully, about the Supreme Court's ObamaCare ruling. Especially given that this is still on his campaign web site under the heading "Courts and the Constitution."

Justice Roberts' vote to uphold ObamaCare can be explained, but that's not the end of the story.

I think Romney's biggest problem isn't with the constitutionality of ObamaCare, which he has already addressed substantially. His problem is in the philosophical details of any kind of government takeover of healthcare and in the implementation of this one through health care "exchanges," a heinous bureaucracy capable of doing much more damage than even the individual mandate.

Federal funding has already been distributed to the states to set up these exchanges, of which Romney has gone on record in support. Don't think the Obama campaign will fail to let that detail slip out a few times before November.