Frankfort stirs abortion hornet's nest

Kentuckians who don't want to be forced to pay for abortions when paying health insurance premiums in 2014 need to let the Commonwealth's Department of Insurance know now.

Because ObamaCare assumes you are too stupid to demand health insurance benefits you want and need, states setting up health exchanges under the federal law must specify what health insurers will cover and what they will not.

The Department issued this statement:

"Currently, the Kentucky Department of Insurance is analyzing the various benefit options in order to make an informed recommendation that balances cost and benefits in the best interest of Kentuckians. The Commonwealth will recommend its choice of Essential Health Benefits to the Secretary of the HHS prior to September 30, 2012."

Kentuckians wishing to weigh in on what those benefits should be can send an email to DOI.RateReview@ky.gov.

All the more reason for dismantling this whole system of government control of health care. If you want to do that, click here.

Boston Globe piles on Papa John's, makes stuff up

The hits keep coming against Papa John's Pizza founder John Schnatter for answering a question recently about the impact of ObamaCare on his corporation's stock price.

What the pizza mogul's attackers fail to realize is the largest negative impact will not be felt by Papa John's International Inc., but by thousands of small business owner franchisees, their employees and the people who won't be able to work for them because of the law's disincentives for hiring or keeping employees.

The Louisville Courier Journal editorial page today thinks it's all a big joke over twenty cents:

"In our book, that's a bargain if it means thousands of Papa John's employees in all 50 states are going to get health coverage and we're not going to have to foot the bill when hardworking but uninsured pizza chefs get ill and end up in the hospital.
Imagine that. Health care for thousands of workers and all you have to do is look for two dimes under your car seat. That's change we can believe in!"

This is a blatant misrepresentation of the impact of ObamaCare on Americans and our health care system. ObamaCare doesn't fix the problem of uncompensated care and it won't provide coverage for a lot of Papa John's employees.

The Boston Globe, though, takes the silliness to an even higher level:

The guessing here is it won't be that tough for Papa John's to survive the 11- to 14-cent-per-pizza increase. Its biggest competitors, like Domino's, will also have to contend with potential health care increases.
Schnatter's concern is that the corner pizza shop will be exempted because it has fewer than 50 employees.

What the Globe ignores is that franchisees and employees will bear the brunt of ObamaCare. And many of those small businesses have fewer than 50 employees, qualifying them for the dubious  "exemption." On top of that, writers at the Globe should have to divulge their source for the assertion about Schnatter and the "corner pizza shop." It's not something he has said or written. In fact, it appears they got that one from a liberal blog.

Papa John states obvious, liberals pounce

Left-wing pundits and activists are having a field day attacking Louisville's Papa John's Pizza founder John Schnatter for saying ObamaCare will increase business costs.

It's still the Democratic Party line, but no one really believes ObamaCare will reduce healthcare costs anymore. The people trying to shout Schnatter down or threatening to boycott his pizza are setting themselves up for another Chick-fil-A debacle.

Government growing its own power to counteract the negative effects of decades of too much government involvement in healthcare makes no sense. Nearly everyone gets that now. The rest will figure it out the hard way when ObamaCare takes full effect in 2014.

We may need pizza for lunch at the Kentucky State Capitol on August 21 for the rally with Sen. Rand Paul and Sen. Mitch McConnell.

Will Obama disrupt Kentucky tea party event?

Obama supporters are planning a "counter-protest" against an August 21 tea party rally against ObamaCare featuring both of Kentucky's U.S. Senators.

A Facebook event page labeled "Counter-Protest against Tea Party, Rand Paul, Mitch McConnell, Money in Politics, etc." shows invitations have been sent out to more than 700 people. Congressional candidate Bill Adkins, a rabid Obama supporter, is listed as a possible attendee. The event page lists the same date, time and location as the authorized tea party event.

The "counter-protest" page links to a liberal blog post encouraging Obama supporters to show up and disrupt the event and, of course, mentions defecation, a favorite of Occupy Wall Street types.

Frankfort can't justify doing this to us

If you grew up with siblings, you probably know the injustice of parental punishment doled out unevenly. Big brothers took the heat while little brothers got off easy for similar crimes at my house.

But we are adults now. And besides, government is not your daddy. That's why Kentucky's Constitution forbids arbitrary enforcement of laws. We try to require officials to be evenhanded to protect everyone equally.

That's why the Commonwealth's reign of terror against Christians in health sharing organizations is so despicable. Kentucky's Department of Insurance has attacked Christian Care Medi-Share in court for ten years as an illegal insurance company. Under Kentucky law, Samaritan Ministries and Christian HealthCare Ministries are just as guilty but have avoided any of the same punishment. This uneven enforcement hurts not only the companies and their members with all the uncertainty, but also potential members who will be looking for alternatives to government-controlled health insurance increasingly in the months and years ahead.

In May, the Department's spokesperson told me they had been watching Samaritan and Christian HealthCare for years. In June, the Department initiated a formal investigation into their activities. Given that a determination of their legality can be made by viewing their web sites for a few minutes and that they have supposedly been under the watchful eye of state regulators for years, two months is way more than enough time to act. That's particularly true if consumers are at risk, right? I mean, isn't that why regulators have jobs?

Kentucky insurance regulation is a joke. It's not a funny one and, in fact, represents an unconstitutional abuse of power as well as a waste of scarce resources. We are going to prove it and, in doing so, pave the way to requiring state government to better justify its actions or to stop them.

US Military war gaming battle versus Tea Party

Just as hundreds of Kentucky Tea Party supporters plan a pilgrimage to Frankfort for an anti-ObamaCare rally in two weeks, officials at the US Army Training and Doctrine Command are war gaming an attack on tea partiers on American soil.

I'm not kidding.

Dr. Kevin Benson, a retired Army Colonel and currently at the University of Foreign Military and Cultural Studies at Fort Leavenworth wrote a paper describing how a hypothetical 2016 military attack on insurgent tea partiers in South Carolina might play out.

 "While mainstream politicians and citizens react with alarm, the “tea party” insurrectionists in South Carolina enjoy a groundswell of support from other tea party groups, militias, racist organizations such as the Ku Klux Klan, anti-immigrant associations such as the Minutemen, and other right-wing groups."
"The pace of the operation needs to be deliberate and controlled.  Combat units will conduct overt Show of Force operations to remind the insurrectionists they are now facing professional military forces, with all the training and equipment that implies.  Army and Marine units will remove road blocks and check points both overtly and covertly with minimum essential force to ratchet up pressure continually on insurrectionist leadership." ... "Federal forces continue to tighten the noose as troops seize and secure power and water stations, radio and TV stations, and hospitals."

It goes without saying that tea party events have always been peaceful, professional and exceedingly polite. Since Dr. Benson's fantasy has come to light, the media has avoided discussing it like the plague. Please encourage your elected officials and local media to address the issue of military threats against peaceful American citizens. This kind of official intimidation has no place in a free society. 

Health reform for the rest of us

These are the people protecting us?

On Wednesday, after researching a complaint against Christian Care Ministries Medi-Share program for three weeks, the Kentucky Department of Insurance determined that it has been fighting Medi-Share in court for ten years.

I'm not kidding.

In a letter dated August 1, 2012 the Consumer Protection Division of the Department of Insurance stated it was closing a consumer-initiated investigation into Medi-Share's insurance activities filed July 10. The Department justified its decision by invoking 806 KAR 02-050 sec. 2, which states the Department "no authority to usurp or infringe upon the jurisdiction, prerogative, or authority of the various courts of competent jurisdiction."

That's interesting, though, because the courts, the bureaucrats and the politicians in Frankfort have been usurping and infringing upon the rights of Kentuckians to protect themselves against health care costs for years and it is about to get worse.

Getting the state of Kentucky to back off from their overbearing restrictions on our health care decisions can't wait for sleepy government officials playing pass the buck with our lives. ObamaCare takes full effect in 515 days.

Health freedom gets a day in court

The Kentucky Department of Insurance and Franklin Circuit Court this afternoon have broken their silence on a case that can usher in unprecedented health freedom for citizens of the Commonwealth. After quietly neglecting citizens in the state's bizarre battle against Christian health sharing organizations with no action since July 2011, DOI officials and Judge Thomas Wingate have announced a public hearing on the state's decade-long lawsuit against Christians seeking an exemption from ObamaCare.

Please make plans to attend the hearing in Frankfort on August 30 at 1:30 pm in the Franklin Circuit Court, 669 Chamberlain Avenue, Frankfort. The case number is 02-CI-837.

We are looking for a ruling against Christian Medi-Share to help mobilize support for changing Kentucky law to allow religious health sharing groups to operate without fear of prosecution in the state. Either way the fight will go on, though, as education about this case continues. Most of the people being hurt by this don't yet realize it. 

Consumers don't have a lobbyist in this fight or an attorney in this case, though our standing in it is clear. The only thing holding Kentuckians back from taking full advantage of this exemption from ObamaCare is bad Kentucky law that must be changed.

Please support this effort to force Frankfort to get out from between Kentuckians and our natural right to health freedom. Click here and donate what you can.

Kentucky's Catch-22

Joseph Heller's Catch-22 satirically attacks arbitrary abuse of government power.

From Wikipedia:

"Other forms of Catch-22 are invoked throughout the novel to justify various bureaucratic actions. At one point, victims of harassment by military police quote the MPs' explanation of one of Catch-22's provisions: "Catch-22 states that agents enforcing Catch-22 need not prove that Catch-22 actually contains whatever provision the accused violator is accused of violating." Another character explains: "Catch-22 says they have a right to do anything we can't stop them from doing.""


Kentucky utilizes Catch-22 reasoning in its continued assault on citizens attempting to escape ObamaCare. State law effectively forbids religious health sharing, an alternative to health insurance whose practitioners are actually exempt from mandates in the "Affordable Care Act."


Under Kentucky law this practice is not only illegal, it is a felony punishable by large fines and up to five years in prison. So if you are a Kentuckian who understands ObamaCare is an unworkable mess and want out, your state government could legally throw you in jail for trying. Franklin Circuit Judge Thomas Wingate, the state's Department of Insurance and the legislature have stopped even trying to clarify this situation, but all those people have one thing in common: they are state employees not subject to prosecution for seeking a health insurance alternative while regular citizens face ObamaCare taxes,  fees and mandates on one side and the potential for imprisonment on the other.


It's about time to storm the gates. Here's one idea. And another.

Wagging the Senator

Nothing seems to stir up political observers like a conversation about the Tea Party and the August 21 event in Frankfort featuring Rand Paul and Mitch McConnell promises to keep them going for a while.

The burning questions about the movement, as always, run anywhere from the causes of the death of the Tea Party to speculation about how it came to rule the world. That both of these questions are pondered just as seriously at the same time and so endlessly is a great feature of the movement. The first step of any campaign is to define your opponent and our opponents can't really get off that block.

Tea Party opinions of Senator McConnell tend to run from ambivalence to far worse. The fact that he will appear with Senator Paul at a Tea Party event creates a must-see-tv element of intrigue Hollywood couldn't dream up. Watching people try to interpret every aspect of this pairing will be half the fun.

But make no mistake, what they each say about the policy and politics of ObamaCare will be tremendously important. You won't want to miss it.

And while you wait, consider that only the Tea Party would even try to pull this off. Think about that for a while.

Eat more capitalism

I'm not big on fast food, but joining friends at Chick-fil-A tomorrow to make a statement seems like the right thing to do. Also, catching them in an advocating kind of mood provides a good chance to warn them about possibly being charged as felons, jailed and fined for following a pro-Christian right buried deep in the language of ObamaCare.

The federal healthcare law carves out a money-saving (and possibly life-saving) exemption to its mandates for members of religious health sharing ministries, but under Kentucky law such membership is a felony. As ObamaCare's 2014 implementation draws closer, a lot more Kentuckians will be looking for a way out. Encouraging state lawmakers to expand the Religious Publications Exemption by striking KRS 304.1-120(7)(d)(e)(f) eliminates the worst of this threat.

It's a guilt-free, low sodium solution to a problem we don't need to have. Please spread the word right away. And if you like getting heads up like this on issues no one else reports on, please consider contributing to the effort by clicking here and making your most generous contribution. No amount is too small, and anything you can do is greatly appreciated.

Medi-Share debacle endangering Christians

A three-ring circus in Frankfort is no laughing matter for hundreds of Kentucky Christians who could face felony insurance fraud charges for belonging to Christian Care Medi-Share's health sharing program, a viable alternative to mandated health insurance under ObamaCare but a decade-long target of state insurance regulators.

Kentucky's Insurance Code, KRS 304, defines insurance to include activities of not only health sharing groups like Medi-Share, but also their members.

In a March 1, 2011 permanent injunction ruling, a Franklin Circuit Judge prohibited Medi-Share and its members from operating their health sharing program in the Commonwealth, specifically mentioning KRS 304.11-030(2), which prohibits the health sharing activities of both the company Medi-Share and its members.

KRS 304.47-020(2)(b) provides for punishment of imprisonment between one and five years and fines of tens to hundreds of thousands of dollars.

Judge Thomas Wingate says he can't rule on a year-old contempt of court motion against Medi-Share and it's members until the state's Department of Insurance and Medi-Share agree on a hearing date. Despite either weeks or months of negotiating on a date, none has been scheduled as of Monday afternoon. While the judge, the state and Medi-Share play hot potato, innocent Kentuckians are put at risk. There is a simple fix for this, though it would surely be more satisfying at this point to run the whole bunch of them out of the state and force them to talk their way back in.

Is Kentucky moving toward marijuana?

The Democratic sponsor of a Kentucky state Senate bill to make Kentucky a medical marijuana state has a Republican opponent who also supports legalization of medical marijuana.

Sen. Perry Clark made headlines earlier this month when he admitted to recent marijuana use, a very poorly kept secret in Frankfort. His Republican opponent, Louisville businessman Chris Thieneman, condemns Sen. Clark for smoking on the job but said he supports changing state law to allow Kentuckians who gain relief from physical problems by smoking marijuana to do so.

A year ago, nervous state politicians called industrial hemp, a natural product with multiple uses and no hallucinogenic effects, a gateway drug to harder substance abuse until Agriculture Commissioner James Comer, a Republican, won election statewide on a platform including advocacy for industrial hemp cultivation.

It will be interesting to see how quickly other politicians' views toward medical marijuana evolve now that Thieneman has stepped up on this issue. President Barack Obama admitted smoking marijuana on many occasions and campaigned on leaving medical marijuana users alone. In office, he has instead aggressively prosecuted medical marijuana use, to the consternation of former supporters.

In October, the U.S. Court of Appeals in Washington D.C. will hear oral arguments in a case against the Department of Drug Enforcement's efforts against marijuana use.

Catholics expand fight for health freedom

The Commonwealth of Kentucky's passive-aggressive war against (mostly Protestant) Christians is about to spread to Catholics.

Solidarity HealthShare, a new health-sharing organization, will help Catholics avoid ObamaCare health insurance mandates.

The Catholic Church has been outspoken in its opposition to government mandates for insurance coverage of abortion and this effort is clearly motivated by that. As more people of faith see the wisdom in fighting back against federal or state regulation of health insurance, we grow closer to gaining true health freedom for everyone.

With Catholics on board, health freedom gains a powerful new ally.

Tea Party storms Frankfort over ObamaCare

The Louisville Tea Party is sponsoring an anti-ObamaCare rally at the Kentucky State Capitol in Frankfort on Tuesday, August 21 at 11:30 am. Featured speakers include U.S. Senators Rand Paul and Mitch McConnell.

Winning the battle for health freedom has to be the top tea party issue until candidates in any party are terrified to run on any platform that does not include health freedom as one of its key planks.

Kentucky's War on Christian Health going national

Kaiser Health News generates lots of talking points for politicians seeking control of your health care. Minutes ago, KSN distributed this:

"Christian health sharing ministries are largely unregulated, except by themselves. This means members cannot go to an insurance commissioner with a complaint, rates aren't reviewed by an independent regulator, and there is no way to ensure they are following anti-discrimination laws."

Just as some states are fighting back against ObamaCare from the right, others are pulling it faster to the left. One of their approaches is to effectively shut down Christian health sharing ministries' exemption in the federal law and Kentucky is way ahead of the curve on this.

It's simple: we fight back or we lose. I will be speaking in Louisville tonight about how we can fight back to win our health freedom in Kentucky. Join us at 6pm ET at Ernesto's, 10105 Dixie Highway if you can.

If you would like to help get the message out, please consider donating whatever you can here. Thanks for all you do.

An ObamaCare amendment we all need

The more you know about Christian health sharing, the more you agree it offers a better deal for consumers than government-regulated health insurance. It doesn't take a very detailed analysis.

Kentucky is gaining increased national attention for its long-standing hostility toward Christian health sharers. While we pursue a legislative correction to that misguided animosity, federal representatives should also implement a small change to the ObamaCare law to improve the efficiency of health coverage alternatives not regulated by public employee bureaucrats.

ObamaCare bill H.R. 3590 exempts health sharing from federal mandates but also limits the market to religious organizations in operation since 1999. Simply eliminating this arbitrary limitation allows for new competitors in the market just as the rest of the federal law reduces choices in the government-controlled market.

The change involves striking out this part of the law:

While the benefits of a more competitive free market in health care coverage are obvious for Christians, less obvious is the opportunity for others who may, for political reasons, want to support the idea of ObamaCare but don't want to be stuck holding the bag when the government sector of the health market blows up.

I'm thinking a health care sharing ministry for the Church of the Left-Handed Bicycle Riders might come in handy at some point.

Kentucky tying up Christians for sharing, promising

Two national news articles in the last three days about Christian health sharing have mentioned Kentucky's battle against Christian Care Medi-Share. In one, Medi-Share CEO Tony Meggs suggests his company's legal problems will be wiped away when Judge Thomas Wingate sees Medi-Share has changed the way it handles it's members money.

That's not likely.

Medi-Share was found to be an unregistered health insurance company in 2010 by the Kentucky Supreme Court. The Court ruled the company failed to meet all requirements of the Religious Publications Exemption in KRS 304.1-120 (7), specifically the one requiring health sharing members to pay each other's medical bills "directly from one (1) subscriber to another."

Whether that requirement is met under current operations is somewhat open to interpretation. Medi-Share members now send monthly funds to a credit union account the member and Medi-Share control jointly. The Kentucky Department of Insurance and the Supreme Court claim such an arrangement does not constitute direct subscriber-to-subscriber payment.

But even if the Department and the Court change their minds and decide that this method is direct enough, there is at least one more problem for Medi-Share. Gaining the exemption also requires that there can be "no assumption of risk or promise to pay either among the subscribers or between the subscribers and (Medi-Share)."

Medi-Share's many advertisements (like the one above) are full of eye-popping numbers like an average family month commitment of $282 and a claim of $625 million in savings. Also, anyone who has had to call around to find an agreeable doctor has to be impressed by the idea of having the freedom to "use any provider."

All this is suggestive of a "promise to pay," but the fact that is going to get them is that members who don't pay their monthly fees for two months will be dropped from the program and will not have outstanding medical needs presented for payment. That sounds obvious, but the fact of a requirement to pay in order to benefit is the legal definition of a "promise," which is prohibited under the law.

The ridiculous hoops we require these people to jump through to enjoy some measure of health freedom need to be eliminated. But they can't be wished away or shouted away. We need to change the law.

Kentucky dawdling wastes health money

Two months after promising to investigate their own arbitrary prosecution of Christian health sharing organizations, Kentucky's Department of Insurance has still failed to clear up confusion for citizens seeking to escape ObamaCare mandates.

Religious health sharing organizations in continuous operation since 1999 and their members are exempt from dictates of the Affordable Care Act. Kentucky's hostility toward this simple alternative to health insurance, however, predates federal health insurance reform.

The state's 2002 lawsuit against Christian Care Medi-Share is still not resolved, mainly due to Department of Insurance inaction. Failure to even begin addressing legal issues facing members and prospective members of the only two other federally exempt organizations -- Samaritan Ministries and Christian HealthCare Ministries -- until forced to do so six weeks ago, very poorly serves Kentucky's insurance consumers.

Hundreds of thousands of Kentucky Christians are overpaying for health coverage because of this legal mess, which could be cleared up easily.