Hospitals & Asylums 

 

Welcome

Atlas

Litigation

Legislation

Statute

 

April 2016

 

By Anthony J. Sanders

sanderstony@live.com

 

I do not have the morale to calculate spending totals for both Health and Human Services (HHS) and National Health Expenditures (NHE) and finish the 2015-2020 edition of the Public Health Department (PHD) this last day of April.  I should have the federal health spending limit of less than one trillion until NHE is less than 10% of GDP, fully explained, before the middle of Armed Forces Month, to do Chuck HagenÕs perpetual $500 billion military spending limit from FY 2013 equal opportunity employment and educate, rather than replace, the Social Security Commissioner by the summer solstice, before the Disability Insurance (DI) trust fund is completely broken.  I had to defend myself against the emailed confession of the National Institute of Disability, Independent Living and Research (NIDILR) in the Administration on Community Living (ACL formerly the Agency on Aging) accused of having a bug in their disability spending table, suggesting that they attempted to embezzle $1,000 from my debit card in two unauthorized transactions, wherefore I have to equally suffer the end of the month loan with renters, until a new debit card arrives.  I have joined the Old Age, Survivor, Disability Insurance (OASDI) and Medicare Actuaries in tardiness.  I have reported on the 300% OASDI trust fund ratio and just yesterday, the cruelest and most unusual 50% Medicare Part B premium increase ever, respectively.  For inflation in the social security programs to be held harmless, it is necessary to account for 3% annual Cost-of-living adjustment (COLA) in Social Security benefits and 2.5% inflation in CMS and ACA premiums since January 1, 2016.  A 2.5% health annuity will improve administrative efficiency, to enable the USA to achieve an NHE less than 10% of GDP by 2030.   The Medicare Actuary should now be able to complete his normal April FoolÕs day Annual Report on the Medicare programs in May and is asked to also produce a new Annual Report on Medicare, Medicaid, CHIP and the ACA, for the summer solstice issue and 250% increase in SSI.      

 

Social Security Amendments of January 1, 2016 HA-7-2-16

 

Retroactively Free DIRT (Disability Insurance Reallocation Tax) and 3% COLA (Cost of Living Adjustment) Act of January 1, 2016

 

To amend the DI tax rate from 1.80% to 2.40% in 2016, 2.30% in 2017 and 2.20% in 2018; from 0.90% to 1.20% in 2016, 1.15% in 2017 and 1.10% in 2018 for employees and from 0.90% to 1.20% in 2016, 1.15% in 2017 and 1.10% in 2018 for employers under Sec. 201(b)(1)(S) of the Social Security Act 42USC(7)II¤401.

 

To amend the OASI tax rate from 10.60% to 10.0% in 2016, 10.10% in 2017, and 10.20% in 2018; from 5.30% to 5.00% in 2016, to 5.05% in 2017, to 5.10% in 2018 for employees under 26USC(C)(21)(A)¤3101 (a) and from 5.30% to 5.00% in 2016, 5.05% in 2017, and 5.10% in 2018 for employers under 26USC(C)(21)(A)¤3111 (a) to avoid depletion of the Disability Insurance (DI) Trust Fund in 2016 without increasing the overall 12.4% OASDI or 15.3% OASDI and Hospital Insurance (HI) Federal Insurance Contribution Act tax-rate under 26USC(A)(2)¤1401.

 

To legislate a 3% annual COLA at Sec. 225(i) 42USC425(i) retroactive to January 1, 2016 under Sec. 204(c) 42USC¤404(c) and a minimum wage of 'not less than 3% annual growth, rounded to the nearest nickel, from $7.50 an hour in 2016, to $7.75 in 2017, to $8.00 an hour in 2018 etc. under 29USC¤206(a)(1).

 

To legislate a 2.5% health annuity and lead ACA and other private health insurance corporations to credit customers with the difference between the new 2.5% health annuity rule of January 1, 2016 and the 20% ACA premium increase and cruelest and most unusual 50% Medicare part B inflation in premium price, ever, it seems best to amend the Amount of Premiums under Section 1839 of Title XVII of the Social Security as codified at 42USC¤1395r liberally conserved to repeal the gross income threshold, late enrollment premium increase, $1,000 rounding on inflation, abuse of the rich by the health sector, or neglect of social security beneficiaries earning less than 100% of the poverty line, and amended as follows: Amount of Premiums Section 1839 of Title XVII of the Social Security 42USC¤1395r(a)(1) The Secretary shall, determine the monthly actuarial rate for enrollees age 65 and over equally with people who would otherwise are eligible for Medicare Part B because they are Old Age Survivor Disability Insurance (OASDI) beneficiaries. The premium is designed to afford one-third of the total of the benefits and administrative costs estimated to be payable per capita from the Federal Supplementary Medical Insurance Trust Fund for services performed and related administrative costs incurred in such calendar year with respect to such enrollees. (a) The Secretary shall annually calculate the inflation adjustment of the monthly premium of each individual enrolled by calculating 2.5% annual growth from the premium price of $104.90 in 2015 rounded to the nearest 5 cents, $107.50 January 2016 to December 2016, before it goes up to $110.20 in January 2017 and increased 2.5% every year thereafter (b) Upon the request of a State (or any appropriate State or local governmental entity specified by the Secretary), the Secretary may enter into an agreement with the State (or such entity) under which the State (or such entity) agrees to pay on a quarterly or other periodic basis to the Secretary (to be deposited in the Treasury to the credit of the Federal Supplementary Medical Insurance Trust Fund) an amount equal to the amount of the part B premium plus 2.5% inflation in premium price annually rounded to the nearest 5 cents. (c) In estimating the benefits and administrative costs for spells of illness which will be payable from the Federal Supplementary Medical Insurance Trust Fund for (1) reason under Section 1861(v)(1)(L)(viii)(v)(1)(L)(vii) or establishment of a 106 percent or median per visit limit under Section 1861(v)(1)(L)(i)(V) 42 U.S.C. 1395X or (2) Sec.1895 42 U.S.C. 1395Fff relating to prospective payment for home health services; (3) the Medicare prescription drug discount card and transitional assistance program under Section 1860D-31 42 U.S.C. 1395w-141. (d) Social security beneficiaries with gross income less than 100% of the poverty line shall be insured and their treating physicians shall be able to participate on an equal basis with other patients insured by Medicare Part B Supplemental Medical Insurance and Part D Drug Insurance, even if they do not voluntarily pay the premium, if their personal medical spending exceeds the annual deductible, that is calculated not to exceed 2.5% annual growth from 2015 (1) the SMI deductible of $147 in 2015, rounded to the nearest five dollars - $150 in 2016, $155 in 2017, etc. and (2) in the Drug benefit deductible of $320 in 2015, rounded to the nearest ten dollars - $330 in 2016, $340 in 2016, etc. (3) in the Drug program the initial benefit limit and catastrophic threshold, rounded to the nearest dollar, of $2,960 and $4,700 in 2015 respectively, $3,034 and $4,818 in 2016, etc.

 

To amend Annual Reports Sec. 1161 of Title 11 of the Social Security Act 42USC(7)XI-B¤1320c-10 so that the Commissioner of Social Security will sign a combined Federal OASDI Trust Fund and SSI Program Report and the Administrator of CMS would sign a combined Annual Report on the Federal Medicare, Medicaid and Affordable Care Act (ACA) due June 20th for perennial summer solstice issue beginning in 2016.

 

To legislate a new ÔUnited Nations Contribution: suggested donation of 1% to 2% of incomeÕ row on IRS form 1040.

 

Be it enacted in the House and Senate, Assembled

 

Without Income Limit Law (WILL)

 

To abolish the maximum taxable limit on DI contributions on January 1, 2016 and OASI contributions January 1, 2017 and repeal Adjustment of the contribution and benefit base Section 230 of the Social Security Act 42USC(7)¤430.

 

To require the Social Security Administration to pay for SSI Costs beginning January 1, 2017.

 

To share profits in excess of social security program costs with the general fund of the U.S Treasury on a negotiable sliding scale beginning year end 2016 DI 50/50 with the USPS, and OASI in 2017 to eliminate the true federal budget deficit and maximize welfare payments. Even without any new sources of revenues the true federal budget deficit is estimated to be only -$71 billion in 2017 before disappearing and making a surplus in future years, as opposed to the permanently wrong -$453 billion deficit estimate of the Office of Management and Budget (OMB). Therefore there shall be a maximum allowable deficit (mad) of $100 billion. In 2020, if the United States balances the federal budget, the nation will be able afford to guarantee everyone a poverty line income, without a balanced federal budget the nation will only be able to afford to reduce poverty by half and eliminate child poverty in schools. OASDI will save to pay for the peak in costs of Baby Boomer generation in 2035 when the overall OASDI tax rate might be raised from 12.4%.

 

Be it enacted in the House and Senate Assembled

 

Maternity Leave Act

 

a. Demonstration projects Section 305 of Title III of the Social Security Act 42USC¤505 will be repealed except for the relevant sentence in (a)(1) to expedite the reemployment of individuals who have established a benefit year and are otherwise eligible to claim unemployment compensation under the State law.

 

Maternity Leave Section 305 of the Social Security Act 42USC¤505

 

(a) To expedite the reemployment of individuals who have established a benefit year to claim unemployment compensation under the State law the Secretary of Labor shall fulfill the 14 months of paid leave authorized for Maternity Leave by International Labour Organization (ILO) Convention No. 183 (2000).

 

(1) The Family and Medical Leave Act shall be repealed except in that workers's positions who have served their benefit year, shall continue to be entitled to up to twelve weeks of (unpaid) sick leave, 14 weeks of maternity leave and 24 weeks to care for an injured armed service-member.

 

(2) Employers shall provide at least 3 weeks of paid leave annually to uphold the Holiday with Pay ILO Convention No. 132 (1970).

 

(b) On production of a medical certificate, stating the presumed date of childbirth, a woman shall be entitled to a period of maternity leave of not less than 14 weeks. Cash benefits shall be provided at a level which ensures that the woman can maintain herself and her child in proper conditions of health and with a suitable standard of living.

 

(1) Where a woman does not meet the conditions to qualify for cash benefits under national laws and regulations or in any other manner consistent with national practice, she shall be entitled to adequate benefits out of social assistance funds, subject to the means test required for eligibility for such assistance, from the Supplemental Security Income Program for the Aged, Blind and Disabled under Sec. 1611 of Title XVI of the Social Security Act 42USC¤1382.

 

(2) Medical benefits shall be provided for the woman and her child. Medical benefits shall include prenatal, childbirth and postnatal care, as well as hospitalization care when necessary.

 

Be it enacted in the House and Senate Assembled

 

Torture 18 U.S. Code ¤ 2340A(a) amended so 'outside the United States' is removed so - Whoever commits or attempts to commit torture shall be fined under this title or imprisoned not more than 20 years, or both, and if death results to any person from conduct prohibited by this subsection, shall be punished by death or imprisoned for any term of years or for life. Exclusive Remedies 18U.S.C¤2340B may be replaced with ÔThe State shall ensure in its legal system that the victim of an act of torture obtains redress and has an enforceable right to fair and adequate compensation, including the means for as full rehabilitation as possible. In the event of the death of the victim as a result of an act of torture, his dependents shall be entitled to compensation under Art. 14 of the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment of 26 June 1987Õ. To repeal the word 'enforcement' in federal education statute, offending the Slavery Convention of 1926 in at least two places yesterday (a) 'enforcement of Section 111' at 20USC¤112 needs to be repealed like Prohibition under the 21st Amendment (1933) and, (b) the words 'enforcement of' must be removed from the caption of Part 1200 so that it states, Nondiscrimination on the basis of Handicap in programs or activities conducted by the National Council on Disability at the end of Education statute 34CFR¤1200.170, and (c) General Definitions of the Office of Museum and Library Services at 20USC¤9101(1) replaced with (1) No stalking in the library 18USC¤2261A(2). 'Enforcement' also needs to be repealed from Child Support in Title IV-D of the Social Security Act 42USC¤666 et seq.  Passing these amendments the USA should be qualified to ratify the Optional Protocol to the Convention on the Rights of Persons with Disabilities (2006), the International Labor Organization Conventions Holiday with Pay Convention No. 132 (1970) and Maternity Leave Convention 183 (2000), will reduce poverty by half and eliminate child poverty in schools or completely end poverty by 2020. Blessed are the poor (Matthew 5:3).