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Obamacare: How Many Doctor’s Will Retire?

The consequences of a doctor’s decision not to treat a patient acting like the opposite sex now range from loss of federal funding to civil lawsuits to potential criminal investigation.


 Obamacare: How Many Doctor’s Will Retire Before They Get A Clue?

By Shari Dovale

The Federalist had an interesting article this week. It covered the new health care rule finalized in May as part of the Affordable Care Act.

hurtDoctors, hospitals, and insurance companies may soon face lawsuits for treating male and female patients according to their biological sex.

The rule contains an explicit definition of gender identity that states a person can claim to be male, female, neither, both, or some combination of the two, said Roger Severino, director of the DeVos Center for Religion and Civil Society at the Heritage Foundation.

It’s now federal policy that you could be both male and female in some combination,” he said. “That’s a pretty radical statement, and impossible to know what it really means.”

The regulations provide an example of how a doctor could discriminate against a transgender patient, Severino said. If two people are both candidates for a hysterectomy, one a woman with uterine cancer and the other a woman who wants fewer woman parts to look more like a man but is otherwise perfectly healthy, the doctor could be found to be discriminating against the second woman by choosing to treat the woman with cancer instead.

The rule states all the second woman would need to attempt to force the surgeon to perform an elective hysterectomy is a note from a psychologist affirming her desire to become a man, Severino said.

medAdditionally, they are making it clear that transgenders will have priority regardless of the medical necessity:

A covered entity may not deny, based on an individual’s identification as a transgender male, treatment for ovarian cancer where the treatment is medically indicated.

They can deny a heterosexual woman a medically necessary procedure if a trans-whatever decides they want something cosmetic done. Either way, trans..its will have to be prioritized or the medical professional could, possibly, face lawsuits and criminal charges.

Section 1557 of Obamacare states (my comments in bold):

The law prohibits discrimination on the basis of race, color, national origin, sex, age, or disability in certain health programs or activities. (Even this does not say Gender.)

Section 1557 builds on long-standing and familiar Federal civil rights laws: Title VI of the Civil Rights Act of 1964, Title IX of the Education Amendments of 1972, Section 504 of the Rehabilitation Act of 1973 and the Age Discrimination Act of 1975. (All of these tell me that no single law covered every case, else they never would have gone back in subsequent years to add or correct them. Therefore, they cannot use these laws now to cover gender.)

Even in their summary, they acknowledge that this rule “does not resolve whether discrimination on the basis of an individual’s sexual orientation status alone is a form of sex discrimination under Section 1557.”

However, they plan on implementing this against medical professionals. It seems they are pulling an “EPA” – they are going to do what they want until SCOTUS tells them to stop, then they will just do it another way.

ObamacareThe rule applies to all medical professionals who receive at least one dollar of federal money, or money that’s administered by the federal government, one expert said. Even for insurance companies that offer several plans, if just one of those plans is on the federal marketplace all of the company’s plans must comply with Rule 1557.

We Don’t Care About Your Religion

The regulations also threaten the freedom and independence of health care professionals who “believe maleness and femaleness are biological realities to be respected and affirmed, not altered or treated as diseases,” the Heritage report states. People with religious beliefs that contradict this regulation have no legal options but compliance or filing lawsuits, said Matthew Kacsmaryk, a deputy general counsel at the First Liberty Institute.

no oBefore, we were dealing with a nebulous possible collision between a sexually revolutionized view of gender identity and the binary male/female view held by every Abrahamic faith: Jewish, Druze, Christian, Muslim, Mormon,” he said. But the new rule makes the collision inevitable: “The rule expressly states that sex stereotypes and illegal sex discrimination may be rooted in the binary view of the human species, that God created them male and female.”

Rule Vague about Forced Abortions

After the rule was officially approved and announced May 13, several websites claimed the law’s lack of religious protections and inclusion of the phrase “termination of pregnancy” as a type of discrimination mean that all medical agencies that receive any kind of federal funding would be forced to perform abortions.

I am always impressed by the dedication of the medical profession. However, I don’t think I would blame anyone if they chose to retire due to this rule. If a majority of health care professionals did leave the field, how long before this country would fall apart?

The rule will take effect on July 18.