Centers for Medicare & Medicaid ServicesDepartment of Health and Human ServicesFile code: CMS–9989–PDate: August 17, 2011
Americans for Prosperity Comments Regarding: Patient Protection and AffordableCare Act; Establishment of Exchanges and Qualified Health Plans
To Whom It May Concern:Americans for Prosperity (AFP) is a free market non-profit organization that is committed toeducating and engaging grassroots citizen activists across the country to advocate for smallergovernment, lower taxes and free enterprise. We believe that the free market is and always hasbeen the true path to prosperity. With the nation struggling to regain its economic footingfollowing the recent recession, AFP believes reinvigorating the core American values of entrepreneurship, self-reliance and constitutionally-restrained government are central to thenation’s resurgence. AFP currently has more than 1.8 million members in all 50 states, includingour 31 chapter and affiliate states.In 2010, the country witnessed one of the most aggressive legislative battles in a generation, withunified Democratic governance advancing a health care reform bill that divided the nation and jeopardized individuals’ control of their health care choices.
AFP worked tirelessly inopposition to this legislation because we were concerned that it would create unnecessarycentralization and government control of the health care market. One aspect of centralizationthat concerns us is command-and-control regulation that puts bureaucrats between patients anddoctors. While examining the Affordable Care Act (the Act), Philip Klein from
found “more than 700 instances in which the Secretary is instructed that she ‘shall’ dosomething, and more than 200 cases in which she ‘may’ take some form of regulatory action if she chooses. On 139 occasions, the law mentions decisions that the ‘Secretary determines.’”
AFP remains concerned about this broad delegation of rulemaking authority to the Departmentof Health and Human Services (the Agency) and the spate of regulations that is sure to result.It is in this context that AFP submits comments in regard to the Agency’s proposed rule: PatientProtection and Affordable Care Act; Establishment of Exchanges and Qualified Health Plans.
The Patient Protection and Affordable Care Act of 2010, Pub. L. No. 111-148, 124 Stat. 119 (2010)
as amended by
the Health Care and Education Reconciliation Act of 2010, Pub. L. No. 111–152, 124. Stat. 1029 (2010).
The Empress of ObamaCare
, June 2010,
76 Fed. Reg. 41866 (2011) (to be codified at 45 C.F.R. pts. 155-56) (proposed July, 15, 2011).