Tag Archives: H.R. 3200

Health care bill’s most powerful person: “The Commissioner”

I’ve started reading the health care bill (H.R.3200), and one thing that has caught my attention already is the position of “Health Choices Commissioner,” referred to throughout the bill as simply “Commissioner.” The Commissioner would be appointed by the President to head up a newly-created, “independent agency in the executive branch of the Government” called the Health Choices Administration.

The Commissioner would have broad, sweeping powers. “Commissioner” appears 203 times in the bill, so I can’t list everything, but here are just a few of the Commissioner’s powers:

  • Establish qualified health benefits plan standards, including the enforcement of those standards.
  • Establish and operate a “Health Insurance Exchange” in which private health care plans will have to participate.
  • Define the terms “employer,” “employee,” “full-time employee,” “part-time employee,” and “dependent” for the purposes of the bill.
  • Access financial records of private health insurers and companies who self-insure and report it to Congress. “Such report shall include any recommendations the Commissioner deems appropriate to ensure that the law does not provide incentives for small and mid-size employers to self-insure.”

There are many more things the Commissioner gets to decide. In fact, a lot of the language in the bill is vague, and the Commissioner is given the power to define the specifics. If you thought the Department of Homeland Security had too much power (and gave the Executive Branch more power than the other branches), just wait until this takes effect. It will take — what is it, something like 13% of the U.S. economy? — and put it under the direct control of the Executive Branch. And this one person, whom the President will appoint, will have nearly unfettered authority to define terms, and establish and enforce standards.