Friday, August 03, 2012

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.

Thursday, August 02, 2012

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.

Wednesday, August 01, 2012

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.




Tuesday, July 31, 2012

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.

Monday, July 30, 2012

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.

Friday, July 27, 2012

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.

Thursday, July 26, 2012

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.

Wednesday, July 25, 2012

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.

Tuesday, July 24, 2012

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.

Monday, July 23, 2012

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.

Sunday, July 22, 2012

Kentucky waffles again on Christian health

After repeatedly refusing to meet with Christian Care Medi-Share to discuss their legal status, the Kentucky Department of Insurance now seems to be coming around.

A Department spokesperson said a meeting may take place in August.

The state's newly found interest in openness on the issue of religious health sharing organizations and their superiority to government-regulated health insurance doesn't immediately address the organizations' real legal problems, but the response to tea party pressure is a welcome one.

Health freedom can be won in Kentucky and then spread to the other states. Stay tuned for updates.

Saturday, July 21, 2012

Frankfort should defund ObamaCare ads

Frankfort Republicans made a little noise this past week with an attempt to deny office space funding for Gov. Beshear's ObamaCare health insurance exchange bureaucracy. Beshear had no trouble going around them, but another opportunity has just presented itself.

Kentucky's Cabinet for Health and Family Services Secretary Audrey Haynes just appeared this morning on Bill Bryant's WKYT Newmakers program in Lexington touting the coming bureaucracy.

She also stated the 2014 roll out of the expensive program will be "heavily advertised."

Wasting money on advertising to promote this waste of money should be against the law, right? Looking for a way to do that in the 2013 General Assembly could be both fun and productive for the cause of Liberty.

The first place in statute that comes to mind as a vehicle for prohibiting government from spending our money to advertise the expansion of itself is KRS 121, campaign finance law.

I'm a little nervous about opening up campaign finance with the current legislature given than Senate Republicans have been at least as bad as House Democrats on the issue. Proposed legislation to prohibit the state from using any state resources to promote any element of the Affordable Care Act, though,  could be worth the risk. A pre-filed bill with this objective this summer could be used as a campaign tool against House Democrats stuck between their party's damaging policies and their desire to win re-election in November.

Friday, July 20, 2012

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.

Wednesday, July 18, 2012

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.

Tuesday, July 17, 2012

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. 

Monday, July 16, 2012

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.

Friday, July 13, 2012

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.