LEGALLY SECURED HUHIRC CIVIL OR CRIMINAL SANCTIONS
PROVIDERS JUSTIFICATIONS REQUIRED TO BE:
REASONABLE, FAIR AND JUST
IN ACCORDANCE WITH
"THE FREE-MARKET RULE OF REASONABLENESS"
[DEFINED HEREAFTER ]:
HUHIRC REVIEWS,
AND AS APPROPRIATE,
INTEGRATES REASONABLE AND FAIR JUSTIFICATIONS
INTO ITS CONFIDENTIAL SYSTEM
SIMULTANEOUSLY,
HUHIRC STAFFERS-COMMISSIONERS WILL UNDERTAKE:
A SYSTEMATIC COMPREHENSIVE RESEARCH-INVESTIGATION
[dissecting and scrutinizing]
THE ENTIRETY OF THE U.S. HEALTH-CARE MARKET.
Prioritizing examination in according with
the medical significance of market subdivisions.
THE OBJECTIVE:
HUHIRC composition of
preliminary, all-inclusive
NATIONAL HEALTH-CARE MEGA-COMPUTER DATABASE
THE DATABASE'S PURPOSE IS:
(1) To construct an objective HUHIRC PARADIGM - functioning as a basic market yardstick. To initialize the accurate dispassionate identification of Providers incurred costs, overhead and capital outlays.
(2) To advance STAFFERS-COMMISSIONERS Proficient PROFESSIONAL STANDARDS: improve their competence and expertise to calculate PROVIDERS COSTS-BENEFITS in comparison to HUHIRC'S PRICING-PROFIT RANGES OF REASONABLENESS.
(3) The HUHIRC database will reassure ALL PARTIES OF THE COMMISSIONERS FAIRNESS in gauging EFFORT/TIME spent ON THE COST SIDE OF BALANCE SHEET - COMPARED TO - PRICES charged and levels of PROFIT ACQUIRED
(4) Day by day, HUHIRC'S enlarging DATABASE will enhance its precision. Reflecting the FLEXIBILITY to meet market COST changes - adjusting ranges upward or downward as justified. [With "A.I." tech advances - artificial intelligence - eventually it could upgrade, even teach itself].
FROM THIS DATABASE
Staffers will gradually construct
FLEXIBLE fair-just ranges of pricing-profit reasonableness.
After TOTAL cost recovery,
Reasonable ranges will extend from a low price-profit range, to the maximum.
Establishing, for all participants, SMALL OR LARGE, a basic understanding what is considered fair and acceptable and what is unacceptable. WHAT IS considered reasonable pricing and what is unreasonable. Institute a level pricing playing-field, in which all providers may "freely" price compete. The essence of market conduct necessary to retain the free enterprise environment.
FREE-ENTERPRISE CAPITALISM DEFINITION:
Ranges are: the fair, just and reasonable range of charges, fees and prices [creating a truly free-enterprise capitalistic market]; whereby, all provider-competitors retain a legally guaranteed right to compete. To compete, in price competition, to generate the highest just profit possible.
FLEXIBLE DEMOCRATIC CHECKS AND BALANCES - NOT CHISELED IN STONE: Utilized AS MARKET backdrops TO ACCURATELY COMPARE AND ANALYZE INCURRED PROVIDER'S COSTS, AND PRICES BEING CHARGED.
They are e legally required to be FLEXIBLE. Capable of timely modification upwards substantiated by compelling market evidence. Computer monitoring of price competition and profit levels give all providers a fair chance to aggressively compete to generate profits.
THE OBJECTIVE:
CREATION OF CRUCIAL PRICE COMPETITION
is the essence of a free-enterprise capitalistic marketplace. RANGES FACILITATE CREATION OF FREE-ENTERPRISE PRICE COMPETITION; pricing which guarantees all providers the opportunity to succeed generating profits within the flexible 300% profit rule.
THEY ARE THE KEY TO: PRICE-PROFIT COMPETITION, PRICE STABILIZATION, EQUITABLE PRIVATE MARKET REGULATION
WITHOUT FULL DISCLOSURE,
INSUFFICIENT MARKET DATA:
MAKES
CALCULATION OF FAIR/JUST PRICE-PROFIT RANGES UNACHIEVABLE.
CRITICAL TO
THE HYBRID PLAN'S SUCCESS
WITHOUT RIGOROUS POWERS,
INDEPENDENT AGENCY OVERSIGHT OF:
*A FREE-ENTERPRISE HEALTH MARKET
becomes unworkable. Devoid of such AUTHORITY, NO UNIVERSAL FREE-ENTERPRISE HEALTH PLAN could endure. It would be pathetic; unable to function as a realistic ALTERNATIVE to "NATIONAL HEALTH INSURANCE" - SOCIALIZED MEDICINE. Our HYBRID PLAN would be doomed to failure; as WOULD BE the nation's solvency, business viability, and future prosperity. Just another bureaucratic charade of congressional obfuscation. Presently, with so many foxes guarding the chicken house, there are very few chickens left. Their price of purchase - astronomical.
THUS THE PRIVATE FREE MARKET IUS REGULATED BY THE PRIVATE BUSINESSES WITHIN THE MARKET
WHY?
TO KEEP THE FREE MARKET --- FREE!!!
FROM GOVERNMENT OR MONOPOLIES
YES FRE ENTERPRISE CAPITALISM IS POSSIBLE
IF ALLOWED TO BE FREE OF GOVERNMENT AND MONOPOLIES!!!
Rather than hindering, instead they facilitate the unfettered working of the free market. Protecting and refereeing it from interference or predation by either the government or private sector. In effect, pricing-profit ranges sustain and maintain the sanctity of the free market from predation by unscrupulous rapacious practices. In effect, as in the past, unfair trade practices, particularly artificial avaricious pricing, devastate competition and eventually the free market itself. No provider could charge nor bill above the maximum range of price reasonableness without oversight consequences. A legal presumption would exist that something was amiss in the market. Perhaps: artificial predatory pricing, inflating the market, unrelated to supply and demand. Or, other avaricious practices disadvantageous and ultimately fatal to other competitors; and, unfettered continuation of the very freedom of market. Therefore, , billing above the maximum pricing range limit will halt stop payment; pending staff investigation, oversight and review. Followed by a full detailed Commission hearing, order and report. Perhaps, a HUHIRC ruling and demand order rectifying any improprieties.
HOW RANGES ARE:
RESEARCHED, WRITTEN,
PROPOSED, CONSIDERED,
ADOPTED, IMPLEMENTED AND INTEGRATED?
STAFFERS-COMMISSIONERS PREPARATIONS:
COMMENCE PRELIMINARY RANGE-PROPOSAL
HUHIRC RESEARCH UTILIZED TO
CONSTRUCT FLEDGLING NATIONAL HEALTH DATABASE.
DATABASE INTERMESHED WITH PROVIDERS'
PRICE-PROFIT FISCAL JUSTIFICATION REPORTS.
MOST CONTROVERSIAL YET MOST IMPORTANT PROVIDER MANDATE
LEGAL MANDATE ORDERING:
PROVIDERS MAKE FULL [GUARANTEED ONFIDENTIAL]
FINANCIAL DISCLOSURE.
PROVIDERS REQUIRED TO:
CONFIDENTIALLY OPEN ALL FINANCIAL BOOKS, RECORDS
AND STANDARDIZE ALLACCOUNTING PRACTICES.
THE OBJECTIVE:
HUHIRC ESTABLISHMENT OF:
CONTINUOUS CONFIDENTIAL 24/7 PERMANENT OVERSIGHT
BY HUHIRC MEGA-COMPUTER REVIEW
ALL OPERATIONS OVERSEEN BY THE PRIVATE INDUSTRY
NOT GOVERNMENT
SIMILAR TO THE FEDERAL RESERVE SYSTEM
WITHOUT FULL DISCLOSURE,
INSUFFICIENT MARKET DATA:
MAKES CALCULATION OF
AIR/JUST PRICE-PROFIT RANGES UNACHIEVABLE.
RIGHT OF CIVIL ACTION
GUARANTEES
PROVIDERS RETENTION OF FINANCIAL PRIVACY/CONFIDENTIALITY
FROM DISSEMINATION .
HUHIRC CRIMINAL SANCTIONS,
AND LEVY OF CIVIL LIABILITY,
AGAINST
COMMISSIONER, STAFFER, EMPLOYEE OR COMPETITOR FOR BREACH OF CONFIDENTIALITY .
STAFFERS PROTECTED LEGAL RIGHTS
REGARDING FINAL DETERMINATIONS, DECISIONS AND JUDGMENTS
SUBSEQUENT TO:
UNRESTRICTED ALL-ENCOMPASSING PROVIDER-COMMISSIONER PARTICIPATION AND INPUT, HUHIRC'S STAFFERS REQUIRED TO:PREPARE THE FINAL PROPOSAL DRAFTS FOR PRESENTATION AND ADOPTION .
DESPITE ANY PARTY'S DIFFERING OPINION, STAFFERS ARE GRANTED:THE FINAL LEGAL RIGHT TO DETERMINE:
WHICH MARKET DATA COMPONENTS WILL CONSTITUTE RANGES PROPOSED. INCLUDING:
(1) WHICH SPECIFIC MARKET DATA AND ANALYSES, BEST REFLECT FINANCIAL INGREDIENTS FOR MOST PRECISE CALCULATION, DESIGN AND AUTHORSHIP OF RANGES.
(2) REGARDING COMPUTER SOFTWARE PROGRAMS DESIGN AND WRITING RELIABILITY FOR INTEGRATING ADOPTED RANGES.
(4) METHODS FOR MARKET IMPLEMENTATION AND MEGA-COMPUTER SOFTWARE INTEGRATION.
(5) ANY AND ALL NECESSARY DECISIONS TO MAKE THE SYSTEM WORK: INCLUDING COMPUTER AND/OR MARKET MODIFICATIONS, ALTERATIONS AND ADJUSTMENTS; SUBJECT TO HUHIRC REVIEW .
HUHIRC ADOPTION OR REJECTION OF:
RANGE PROPOSALS:
Every proposal will be placed before the Commission for its: study, debate, deliberation, passage or defeat. All interested parties will given opportunity to publicly argue the positive and negative implications of the proposed measure's adoption.
BY MAJORITY VOTE:
The commission will ADOPT OR REJECT proposals by majority vote; guided by the VOTING maxim of : the balance between the provider maintaining a health profitability and the consumers/governments right to AFFORDABLE health care. IF REJECTED:the proposal is tabled for subsequent reconsideration pending further study and analysis.
IF RANGE PROPOSAL IS ADOPTED:
ITS SOFTWARE PROGRAMS WILL BE IMMEDIATELY INTEGRATED OF INTO HUHIRC'S MEGA COMPUTER; THEREBY CONSTITUTING OFFICIAL LEGAL MARKET IMPLEMENTATION.
Each software program designed to encompass the specificities of every health TRANSACTION -treatment, goods or services. Recovering all provider practitioner costs expended in health care delivery. Updated for inflation and increment provider market expenditures. Eventually, these software programs will run the Mega computer system.
AFTER COMPUTER INTEGRATION AND MARKET IMPLEMENTATION, HOW WILL HUHIRC REGULATORY OVERSIGHT WORK?
THE HUHIRC NORM:
After computer monitoring and review for transactional compliance, the provider's billing will be immediately and automatically paid. HUHIRC'S norm will be not to challenge any providers' pricing-profit levels. Unless, an evidentiary case exists for violation of or non-compliance with HUHIRC rules and regulations.
NEVERTHELESS, IN RARE CIRCUMSTANCES IF HUHIRC DOES CHALLENGE PROVIDERS PRICING-PROFIT LEVELS.
HUHIRC'S CAN ORDER ANY PROVIDER'S COMPLIANCE
HUHIRC MANDATING DOWNWARD PRICE ADJUSTMENTS:
Any providers pricing can be subjected to a HUHIRC order commanding downward price adjustment. No health transaction or treatment, may be billed, practiced or paid outside the HUHIRC structure.
EXERCISING ITS JURISDICTIONAL POWERS
HUHIRC can issue orders:
IMPOSING CIVIL LIABILITY, AND CRIMINAL SANCTIONS FOR NON- COMPLIANCE.SUCH AS:
to cease and desist, denial of payment, suspension from the right to do business, levy appropriate fines, demanding cost justifications for pricing, contempt citations for non-compliance, after appeal oversight of post-trial incarceration; and, imposition of provider civil liability to be paid to The US Universal Health Care Fund pending appeal - ETC. Exercise of such HUHIRC powers: not only accomplishes the necessary oversight as an independent regulatory agency; but also, expedites the 24/7 administrative interactivity to efficient manage and serve the health market.
HUHIRC ADJUDICATION OF MARKET MISBEHAVIOR: ****************************
BASED UPON HUHIRC'S MEGA-COMPUTER PROGRAMS RECOGNITION,THE COMPUTER INITIALLY ASSESSES WHETHER A POSSIBLE PRICING VIOLATION (S) OCCURRED. BILLING INDICATING EXCESSIVE PRICING/CHARGES RINGS ALARM BELLS CAUSING IMMEDIATE TRANSACTIONAL SUSPENSION - STOPPAGE OF PAYMENT. ****************************
THIS AUTOMATICALLY ACTIVATES MANDATORY STAFFER INVESTIGATION.****************************
If any PROVIDER potentially violates the "PRICING RANGES," by law, the Commission must without delay exercise its jurisdiction expediting the investigation.****************************
DEFINING WHAT CONSTITUTES A PROVIDER VIOLATION?
THE QUESTION TO BE INVESTIGATED:
Whether pricing jeopardized the free, fair, unfettered operation of the capitalistic system. IS THERE A DIFFERENCE BETWEEN: WHAT THE MARKET CONSIDERS A FAIR, JUST AND REASONABLE PRICE; AS COMPARED TO THE POSSIBILITY A PREDATORY ANTI- TRUST VIOLATION OCCURRED? ANTI- TRUST VIOLATION (once again) DEFINED AS "COMPELLING EVIDENCE" OF: (1) ARTIFICIAL PRICE FIXING, (2) ARTIFICIAL PRICE PARALLELISM (!), (3) PRICE-GOUGING (4) PROFITEERING; AND/OR (5) ANY OTHER MONOPOLISTIC (OLIGOPOLISTIC) UNFAIR TRADE PRACTICE, FRAUD, OR ABUSIVE MISBEHAVIOR
THE QUESTION IS RESOLVED BY:
THE STAFFER INVESTIGATION, REPORT AND RECOMMENDATIONS TO COMMISSION. AFTER A PUBLIC HUHIRC HEARING, THE CASE IS DECIDED BY MAJORITY VOTE AND ISSUANCE OF AN ORDER RETAINING MARKET VIABILITY.
Pharmaceutical companies, in conjunction with FDA, are obligated to subject themselves to HUHIRC review analysis and approval for pricing any medications. For instance, PRIOR TO PRICING A NEWLY DEVELOPED MEDICATION, the drug company must file a detailed, substantiated, "sworn" cost justification;" founded upon "compelling evidence." This must prove the financial rationale for the requested price or range setting. "Cost" defined as liabilities incurred in producing the product itself, and specific increased business costs incurred in a particular market sector. Under HUHIRC'S jurisdiction to define what the health care market is, The Commission may require additional company pricing justifications reflecting the Global marketplace. Thus, comparing the company's international pricing as measured against prices charged in the U.S. The HUHIRC objective: To equitably spread all costs of US pharmaceuticals development and manufacture throughout the entire international market. To stop the unjust burdening US taxpayers/consumers with an unfair share; paid by prohibitive, unaffordable prices
PROVIDERS' SUBSEQUENT UNFETTERED RIGHT
TO REQUEST PRICING MODIFICATION.
BY APPLICATION, PROVIDERS CAN PETITION FOR A RECONSIDERATION OF THEIR PRICING-PROFIT RANGES; REQUESTING AN UPWARD MODIFICATION.
HUHIRC GRANTS ADJUSTMENTS;
IF THE PROVIDERS' COST JUSTIFICATION PROVES (BY COMPELLING EVIDENCE) INCREASED BUSINESS COSTS INCURRED.
After comprehensive staffer research and mega-computer analyses, the request, with staffer recommendations, is placed before the Commission for adoption, rejection; or, tabled for reconsideration after revision.
FLEXIBLE PRICING-RANGES ARE TO BE:
FAIR, REASONABLE AND JUST FOR PROVIDERS AND CONSUMERS ALIKE
ALL PROVIDERS MUST MAINTAIN A SIMILAR PRICING PROCEDURE:
DEFINED MORE SPECIFICALLY BY THE FOLLOWING EXAMPLE:
PRICING PRESCRIPTION MEDICATIONS BY PHARMACEUTICAL CORPORATIONS: TO ESTABLISH, MAINTAIN OR INCREASE THE PRICE RANGES OF PRESCRIPTION MEDICATIONS; SUCH MUST PASS HUHIRC REVIEW AND APPROVAL.
FEDERAL ESTABLISHMENT OF NEW U.S. HEALTH-CARE COURT OF APPEALS:
GRANTED COMPREHENSIVE ORIGINAL AND FINAL APPELLATE JURISDICTION:TO ADJUDICATE ALL HEALTH-RELATED CONTROVERSIES(Subsequently designated "THE HEALTH COURT" or "THE COURT")
*8:38 AM 6/16/04
*FLEXIBLE PRICING-RANGES ARE TO BE:
FAIR, REASONABLE AND JUST FOR PROVIDERS AND CONSUMERS ALIKE ALL PROVIDERS MUST MAINTAIN A SIMILAR PRICING PROCEDURE DEFINED MORE SPECIFICALLY BY THE FOLLOWING EXAMPLE:PRICING PRESCRIPTION MEDICATIONS BY PHARMACEUTICAL CORPORATIONS TO ESTABLISH, MAINTAIN OR INCREASE THE PRICE RANGES OF PRESCRIPTION MEDICATIONS; SUCH MUST PASS HUHIRC REVIEW AND APPROVAL.
Pharmaceutical companies, in conjunction with FDA, are obligated to subject themselves to HUHIRC review analysis and approval for pricing any medications. For instance,
PRIOR TO PRICING A NEWLY DEVELOPED MEDICATION, the drug company must file a detailed, substantiated, "sworn" cost justification;" founded upon "compelling evidence." This must prove the financial rationale for the requested price or range setting. "Cost" defined as liabilities incurred in producing the product itself, and specific increased business costs incurred in a particular market sector.
Under HUHIRC'S jurisdiction to define what the health care market is, The Commission may require additional company pricing justifications reflecting the Global marketplace. Thus, comparing the company's international pricing as measured against prices charged in the U.S. The HUHIRC objective: To equitably spread all costs of US pharmaceuticals development and manufacture throughout the entire international market. To stop the unjust burdening US taxpayers/consumers with an unfair share; paid by prohibitive, unaffordable prices
PROVIDERS' SUBSEQUENT UNFETTERED RIGHT TO REQUEST PRICING MODIFICATION. BY APPLICATION, PROVIDERS CAN PETITION FOR A RECONSIDERATION OF THEIR PRICING-PROFIT RANGES; REQUESTING AN UPWARD MODIFICATION.
HUHIRC GRANTS ADJUSTMENTS; IF THE PROVIDERS' COST JUSTIFICATION PROVES (BY COMPELLING EVIDENCE) INCREASED BUSINESS COSTS INCURRED. After comprehensive staffer research and mega-computer analyses, the request, with staffer recommendations, is placed before the Commission for adoption, rejection; or, tabled for reconsideration after revision. 12:36 PM 6/17/04
FEDERAL ESTABLISHMENT OF NEW U.S. HEALTH-CARE COURT OF APPEALS
GRANTED COMPREHENSIVE ORIGINAL AND FINAL APPELLATE JURISDICTION:TO ADJUDICATE ALL HEALTH-RELATED CONTROVERSIES(Subsequently designated "THE HEALTH COURT" or "THE COURT
Congress will create a federal Health-Care Court Of Appeals. This exclusive Court will be the legal central focus for any and all HEALTH issues and controversies relating to the HYBRID UNIVERSAL HEALTH CARE PLAN. It will be granted any and all comprehensive powers and jurisdiction, deemed necessary and proper, to encompass the entirety of the health-care market. Accordingly, its jurisdiction will include "original and appellate jurisdiction" for adjudication of all civil and criminal market controversies. A legal presumption will exist , that the Court cooperates with HUHIRC to harmonize humanitarian health-care benefit for all citizens.
EXCLUSIVE JUDICIAL REVIEW JURISDICTION INCLUDES
All appeals from state litigation. Judicial review of all health-care issues ranging from reasonableness of physicians medical malpractice insurance to the amount and reasonableness of punitive damages awarded by state juries in malpractice litigation."
EXCEPT WHERE SPECIFICALLY EXCEPTED," NO HEALTH-RELATED CONTROVERSY CAN BE ADJUDICATED BY ANY OTHER JUDICIAL AUTHORITY - STATE OF FEDERAL COURT. THE HEALTH COURT IS THE COURT OF LAST RESORT. THE ULTIMATE ARBITER POSSESSING (JUDICIAL REVIEW) FINAL APPELLATE JURISDICTION OVER ALL HEALTH RELATED CONTROVERSIES. NO FURTHER APPEAL WILL BE PERMITTED FROM THIS COURT'S FINAL ADJUDICATION
HUHIRC AND HEALTH COURT TO EXERCISE SIMILAR JURISDICTIONAL OBJECTIVES
PARTICULARLY IN CRIMINAL AND CIVIL ENFORCEMENT OF ANTI-TRUST LAWS
Any criminal act by any party in a health-related matter activates HUHIRC and HEALTH COURT jurisdiction, This most importantly applies criminal and civil sanctions for violations of HUHIRC and THE COURT'S ANTI-TRUST jurisdiction. Although the Commission's price-profit ranges guarantee generous profits for all providers, its legal mandate prohibits any provider's predatory anti-trust market practices or machinations.Key words are: fairness, generosity and free business operations. However, potential HUHIRC violations require immediate transactional stoppage; pending a direct order to providers. If provider do not immediately cooperate, HUHIRC'S application of its punitive powers will commence. If the providers present price is deemed unjustifiable, unfair and/or otherwise, unreasonable under capitalistic free market principles, the Commission can order immediate provider complianceINCLUDING a demand for downward price adjustment. If serious patterns of wholesale market predation are detected,[ such as, artificial price fixing, profiteering, price gouging], HUHIRC is mandated to request US Attorney General investigate criminal case. US Attorney General is required to legally act without undue delay
HUHIRC'S ANTI-TRUST CRIMINAL JURISDICTION IN CONJUNCTION WITH THE HEALTH COURT'S "ORIGINAL JURISDICTION
HUHIRC'S SANCTIONS
IF A HUHIRC STAFFER INVESTIGATION EXPOSES "COMPELLING EVIDENCE, OF PROVIDER ANTI-TRUST CRIMINALITY;" AND. IF SUCH IS VOTED BY TO BE TRUE, THEN HUHIRC MANDATED TO FILE SUCH EVIDENCE WITH THE US ATTORNEY GENERAL FOR REVIEW . UPON ASCERTAINING SUBSTANTIAL EVIDENCE EXISTS, THE ATTORNEY GENERAL MUST PROCEED TO PROSECUTE A CRIMINAL JURY TRIAL WITHIN THE HEALTH COURT. IF FEDERAL CONVICTION RESULTS, SENTENCING INCLUDING FINES, INCARCERATION OR BOTH. FINES PAID INTO "THE NATIONAL UNIVERSAL HEALTH-CARE FUND." [Defined hereafter
CONCURRENTLY
CONSUMERS OR OTHER PROVIDER POSSESS LEGAL RIGHTS TO FILE "GOOD FAITH" CRIMINAL COMPLAINT AGAINST ANY PROVIDER. THE LATTER SIMILARLY REVIEWED MANDATED FOR PROSECUTION BY THE ATTORNEY GENERAL IN CRIMINAL JURY TRIAL UNDER HEALTH COURT'S ORIGINAL JURISDICTION
HUHIRC-PROVIDERS-CONSUMERS POSSESS:ACTIONABLE LEGAL RIGHTS [INCLUDING APPELLATE RIGHTS] TO CRIMINAL AND CIVIL SANCTIONS WITHIN THE HEALTH COURT'S ORIGINAL JURISDICTION
CONSUMER-HUHIRC-PROVIDER CIVIL CAUSES OF ACTION FOR DAMAGES
WHERE A HUHIRC STAFFER INVESTIGATION EVIDENCES THE NECESSITY OF IMPOSING CIVIL LIABILITY, HUHIRC WILL POSSESS STANDING AS CIVIL PLAINTIFF TO COMMENCE A CIVIL JURY TRIAL IN THE HEALTH COURT. HUHIRC IS MANDATED TO FILE SUCH CIVIL ACTION. A JURY TRIAL IS GRANTED SUCH PROVIDER AS MATTER OF RIGHT. UPON A FINDING OF LIABILITY BY A "PREPONDERANCE OF THE EVIDENCE," A JURY CAN AWARD HUHIRC OR ANY OTHER AUTHORIZED PLAINTIFF, APPROPRIATE DAMAGES. INCLUDING: IMPOSITION OF TREBLE PUNITIVE. IN HUHIRC'S CASE, SUCH DAMAGES ARE PAYABLE TO THE NATIONAL UNIVERSAL HEALTH-CARE FUND
OTHERWISE, PROVIDERS RETAIN THE RIGHT TO CHALLENGE, CONTEST AND TEST HUHIRCADOPTION, IMPLEMENTATION, PROFICIENCY AND INTEGRITY IN DISCHARGING: (1) RULINGS AND REGULATIONS, (2) ORDERS (4) RELATED SOFTWARE PROGRAMS, (3) PRICE-PROFIT RANGES, ETC. [THE ONLY PROVISO: PROVIDERS MUST ACT IN GOOD FAITH WITHOUT INTERFERENCE WITH HUHIRC'S OPERATIONAL EFFICIENCY -CONSIDERED A PUNISHABLE AS ABUSE OF LEGAL PROCESS] REGARDING ADOPTED PRICE-PROFIT RANGES
Providers retain the legal right of administrative quasi-judicial agency self-help. To have their grievance adjudicated before an unbiased HUHIRC administrative law judge expert in the health care field. No provider may appeal to The Health Court until they have exhausted ALL HUHIRC QUASI-JUDICIAL REMEDIES
THEREAFTER, PROVIDERS ARE GUARANTEED APPELLATE RIGHTSas a matter of right for adjudication before HEALTH COURT jurists possessing HEALTH MARKET expertise
HUHIRC AND THE HEALTH COURT LEGAL TESTMANDATORY APPLICATION DURING REVIEW
HUHIRC AND THE HEALTH COURT UPON REVIEW ARE MANDATED TO CONSTRUING (INTERPRETING) HEATH CONTROVERSIES, AND, IF NECESSARY, STRIKE DOWN PRICE-PROFIT RANGE WHICH DO NOT CONFORM TO THE LEGAL TEST PROTECTING PROVIDERS BUSINESS INTERESTS COMPETITIVENESS AND VIABILITY IN THE FREE-ENTERPRISE CAPITAL8ISTICMARKETPLACE
SOME LEGAL TEST ELEMENTS:
Commission, and the Court, are required to reject any range proposal UNLESS it includes essential provider-protections: (1) trustworthy accurate pricing yardsticks and benchmarks; (2) RANGES reflecting accurate market realities; (3) assurances PROVIDERS will retain the ability to freely conduct business; (4) the providers' right and capacity to generate generous profits; including capital for innovation, research and development, and future expansion; (5) providers are guaranteed the right to propose range modification meeting market realities
IN THE END, THE HEALTH COURT,
as the Court of Last Resort, possesses the ultimate jurisdictional power to decide , with finality, all health-related controversies; without further right to appeal. Its decision constitutes the final adjudication of price-profit ranges. All parties, including HUHIRC , are requires to follow the court's ruling. Moreover, any government or private party or entity who refuses to mandatory act under its jurisdictional imperative or the Courts orders is to be cited for contempt of congress and court 3:24 PM 6/18/04
THE ULTIMATE QUESTION
HOW WILL THE HYBRID HUHIRC PLAN BE PAID FOR?
WHO WILL PAY AND HOW The simple answer is:
1:14 PM 6/19/04
THE ULTIMATE QUESTION:
HOW WILL THE HYBRID PLAN BE PAID FOR
The jump-start of necessary capital investment will come from the US government. In time, this federal capital investment loan will be repaid by the universal plan fund. Primarily, the hybrid plan = HUHIRC will be maintained and operated by payment of: user fees, other charges; and, equitably-shared taxes
THE NATIONAL UNIVERSAL HEALTH CARE INSURANCE FUND[hereafter THE HEALTH FUND, or simply THE FUND
All health-related financial charges, fees, and taxes are instantaneously paid into "THE HEALTH FUND". From it ALL PROVIDER'S BILLED charges are reviewed and instantly paid. After repaying government loans for HUHIRC'S start-up costs, The Fund become fiscally self-sustaining. Legally sequestered; statutorily mandated to grow without restraint. Criminal sanctions are imposed against any elected or appointed official or government employee attempting any fiscal mechanism causing THE FUND'S diminution. Annually, THE FUND will set-aside 10% of its gross revenues (A Rainy Day Fund) for conservative investment. This will help provide fiscal stability; adding supplementary capital necessary to cover: any future emergencies, research and development and modernization. In rare circumstances, (severe emergencies) endangering HUHIRC'S existence and continuance, loans will be provided by Congress from The General Fund. HUHIRC is mandated to repay these after financial stability is restored. Except for the EXEMPTED lower-income groups, no tax exception may be passed by the government injurious to HUHIRC'S tax collection, existence, maintenance and operation
WHO WILL PAY AND HOW MUCH
The universal health care benefit flows from allowing the free-enterprise capitalistic market to operate freely. However, the market bears responsibility to pay its fair share of health care. Therefore, the simple answer to who will pay is: the people of the United States. Including: all American citizens, all businesses, [foreign and domestic corporations and other entities]. Without exclusion, providers or other business entities, accessing the American marketplace, will pay their fair proportionate share! Especially, provider profiting from the health-care market. All HUHIRC operational and maintenance costs will be paid UNIVERSALLY. Based upon monthly taxation of all parties estimated annual gross income. Such monthly tax percentages are to be flexible; allowing for variations and modifications on an "as-needed" basis
CONTINUING FISCAL MAINTENANCE OFTHE HYBRID UNIVERSAL HEALTH-CARE PLAN BY DISTRIBUTING ALL RISKS, COSTS AND BENEFITS
USING NUMEROUS EQUITABLE BROAD-BASED SOURCES
Fees, surcharges and taxes must be: multi-layer, easily enforced ensuring all parties pay their reasonable - not excessive - fair share. HUHIRC will FISCALLY succeed because pooled risks and costs FEES AND TAXES WILL BE equitably SPREAD and Shared BETWEEN ALL CONSUMERS, PROVIDERS, PRIVATE, PUBLIC, FOREIGN MARKET PARTICIPANTS. AND OTHER LEGAL ENTITIES In effect, the Government, then HUHIRC, acts as a giant universal insurance company. As the risk is pooled, spread and reduced , so too will be the cost. Spreading the universal risk and total costs throughout the private and public markets. thus equitably distributes the cost. Based upon principle, the larger the taxpayer pool the less taxes each taxpayer will pay. Jointly these factors creates affordable free-enterprise capitalistic health care for all citizens.
FISCAL MAINTENANCE OF THE FUND
POLICED AND ENFORCED ASHUHIRC'S MEGA-COMPUTER CONSTANTLYMONITORS, TRACKS , ASSESSES, CHARGES AND IMMEDIATELY PAYS FROM EACH REVENUE SOURCE - TAXES COLLECTED - DIRECTLY INTO TO THE NATIONAL UNIVERSAL HEALTH-CARE FUND. Equitably guaranteeing the spread of all health care risks and costs
TAXATION FROM WHICH SPECIFIC REVENUE SOURCES
SPECIFIC HUHIRC FUND REVENUES GENERATED FROM USER FEES, SURCHARGES AND TAXES
[These are flexible and adjustable. Modified according to changing societal realities, health needs and market factors]MOST FORMS OF HEALTH TAXES ARE MONTHLY FLAT FEE PERCENTAGES ESTIMATED FROM ANNUAL GROSS INCOME PROJECTIONS
1) VARIABLE MONTHLY DEDUCTION WORKER'S HEALTH-CARE PAYROLL TAX: The percentage of the monthly worker-employee payroll health tax will vary. Being modified to represent a fair portion of total gross revenues earned. [Higher earnings or salary equate to a higher payroll health taxes.] And, concurrently adjusted to accurately reflecting realistic market factors - cost increasers and reductions alike. [The advent of mega-computers makes this possible.] 2) MONTHLY HEALTH-CARE TAX FOR AFFLUENT NON-WORKING TAXPAYER LEVIED AS A PERCENTAGE OF THEIR PROJECTED ANNUAL GROSS INCOME. THE MEG-COMPUTER REQUESTS FULL FINANCIAL DISCLOSURE OF GROSS REVENUES AND LEVIES A SURCHARGE. IF SUCH TAXPAYER IS NON-COMPLIANT IN PAYING TAXES OWED, THEN THE MEGA- COMPUTER REPORTS SUCH TO HUHIRC STAFFERS. STAFFERS MUST LAUNCH AN IMMEDIATE INVESTIGATION. A REPORT CONTAINING RECOMMENDATIONS TO THE COMMISSION CAN RESULT IN CRIMINAL OR CIVIL SANCTIONS. ULTIMATELY, HEALTH TAXES OWED ARE DEDUCTED FROM THE TAXPAYER'S LIQUIDATED PROPERTY
3) "THE FEDERAL HEALTH SALES TAX:"
ALL CONSUMERS AND PROVIDERS WILL PAY A FEDERAL HEALTH SALES TAX ON ALL HEALTH-RELATED TRANSACTIONS. THESE INCLUDE ALL TREATMENTS, GOODS AND SERVICES SOLD, OR OTHERWISE PROVIDED. COLLECTION OF FEDERAL HEALTH SALES TAXES ARE THE RESPONSIBILITY OF THE SELLER-PROVIDER, WHO MUST REPORT THE FINANCIAL TRANSACTION DETAILS. HUHIRC'S MEGA-COMPUTER COLLECTS THE TAXES REQUESTING PAYMENT FROM BOTH THE SELLER AND BUYER. THE AMOUNT OF THE SALES TAX IS A PERCENTAGE OF THE TOTAL TRANSACTION'S MARKET VALUE. [Failure to notify HUHIRC of the details of such transaction creates a prima fascia criminal case OF FEDERAL FRAUD.]ANNUAL FEDERAL HEALTH SALES TAXES, AS A PERCENTAGE OF TRANSACTIONS, WILL VARY DEPENDING UPON CHANGING HEALTH MARKET COSTS. IT IS A REALISTIC POSSIBILITY THAT REDUCTIONS IN THE PERCENTAGES OF HEALTH SALES TAXES CHARGED CAN OCCUR. IF THE HEALTH FUND GENERATES A SURPLUS, THEN THE PERCENTAGE OF THE SALES TAX IS ADJUSTED DOWNWARD.
LOW-INCOME FAMILIES ARE MANDATED TO PAY TRANSACTIONAL HEALTH SALES TAXES! SUCH FAMILIES ARE EXEMPTED FROM MOST HEALTH TAXATION, HOWEVER, THIS DOES NOT APPLY TO PAYMENT OF THE FEDERAL HEALTH SALES TAX. WHY? Such sales tax payments are absolutely essential to prevent unnecessary [abusive] use of the universal system. Other nations experience: systemic stress, unnecessary procedures, overcrowding due to unnecessary demand, medical treatment delays. This has reached crisis proportions, where these systems are unable to provide necessary care to patients most in need
4) FEDERAL SURCHARGE AGAINST ANY INDIVIDUAL, BUSINESS, OR OTHER LEGAL ENTITY, WITH EXCESSIVELY LOW OR NON-EXISTENT TAX LIABILITY. THE MEGA-COMPUTER WILL LEVY A MONTHLY SURCHARGE AS A PERCENTAGE OF THE ENTITIES ESTIMATED ANNUAL GROSS REVENUES
5) AFTER A TEN (10) YEAR PERIOD, ALL UNCLAIMED OR NON-DISTRIBUTED ESTATES; INCLUDING ALL UNCLAIMED PROPERTY, MUST BE PAID, BY THE STATES, INTO THE UNIVERSAL HEALTH FUND
6) ALL DECEDENTS ESTATES WILL PAY A PERCENTAGE OF ITS GROSS VALUE INTO THE NATIONAL UNIVERSAL HEALTH-CARE INSURANCE FUND [NOT TO EXCEED 5
7) PUBLIC-GOVERNMENTAL PROVIDERS GENERATING "MONTHLY" REVENUES ARE REQUIRED TO PAY THEM INTO THE NATIONAL UNIVERSAL HEALTH-CARE INSURANCE FUND
8) ALL HEALTH PROVIDERS AND PRACTITIONERS WILL BEAR HIGHER HEALTH TAXATION BURDENDEFINED AS ANY ENTITY POTENTIALLY PROFITING FROM DOING ANY HEALTH BUSINESS ACTIVITY. Since such PROVIDERS-PRACTITIONERS profit from the health market, it is equitable for them to pay a higher percentage of health taxes. Their monthly share will be a percentage of their estimated annual gross revenues. Calculated as the average statistical mean indicated by past annual fiscal history. At fiscal year's end, any excess monthly overpayment will be immediately returned by HUHIRC. Similarly, they will be surcharged for underpayment of tax liability. The monthly assessment varies as does the market and attainment of annual gross revenues.
(9) MOST IMPORTANTLY, ALL DOMESTIC-FOREIGN CORPORATIONS, AND BUSINESS ENTITIES"NOT RELATED" TO THE HEALTH MARKET; ARE REQUIRED TO FILE ANNUAL GROSS REVENUE ESTIMATES WITH HUHIRC.
THESE BUSINESS ENTITIES UNRELATED TO THE HEALTH MARKET ARE MANDATED TO PAY THEIR MONTHLY FAIR SHARE OF HEALTH TAXES. AGAIN, MONTHLY LEVIED AS A PERCENTAGE OF ESTIMATED ANNUAL GROSS REVENUES. THIS IS A FRANCHISE TAX: PAID FOR THE RIGHT TO ACCESS AND DO BUSINESS IN UNITED STATES MARKETS. FOREIGN CORPORATIONS MUST REPORT GROSS REVENUE TO HUHIRC SPECIFYING THEIR BUSINESS (S) IN MARKET SECTORS. [Paying health taxes for revenues earned from: transactions within US borders; or, in any way, associated with the America marketplace.]
11:12 AM 6/21/04
HYBRID PLAN'S ANNUAL SUM-TOTAL OPERATING COST
EQUIVALENCE WITH CONTEMPORARY EXPENDITURES
AS COMPARED TO CURRENT TOTAL AGGREGATED EXPENDITURES, INCREDIBLY, [BUT VERIFIABLY TRUE] IF THE HYBRID PLAN IS EXPLICITLY IMPLEMENTED AND ADMINISTRATED IN GOOD FAITH, ITS ANNUAL OPERATING COSTS WILL EQUATE TO CONTEMPORARY MARKET EXPENDITURES. STABILIZED EXPENSES ADJUSTED FOR OVERALL ANNUAL INFLATION
HOWEVER, THE CERTAINTY IS:ALL PARTIES WILL POSSESS GUARANTEED UNIVERSAL HEALTH COVERAGE FOR CRADLE TO GRAVE HEALTH-CARE NEEDS
HOW CAN THIS BE TRUE
THE CONTINUOUS COOPERATIVE:COLLECTION, MONITORING PROCESSING AND ANALYSIS OF ALL HEALTH MARKET TRANSACTIONAL DATA WILL ENHANCE ITS FUNCTIONING - MAXIMUM ZING MANAGEMENT EFFICIENCY. EVERY MARKET SUBDIVISION WILL BE MONITORED WITH PRECISION. SPECIFIC PRICING, BILLING AND PAYMENT FOR ALL TREATMENTS, GOODS AND SERVICES WILL BE CALCULATED WITH SCIENTIFIC ACCURACY. LEVIED TAXES AUTOMATICALLY MODIFIED TO REFLECT PERCENTAGES INDICATED BY THE VARYING DATA
EVENTUALLY, THIS OPTIMAL HUHIRC-PROVIDER WORKING RELATIONSHIPWILL FUSE INTO ONE ENTITY; AN ALL-ENCOMPASSING AMALGAMATED DATABASE SPAWNING A SOPHISTICATED PARTNERSHIP. DEVELOPING STAFFER-COMMISSIONERS PROFICIENCY WILL MAKE HUHIRC MORE THAN QUALIFIED TO PRESERVE THE INDISPENSABLE SENSE OF BALANCE TO SAFEGUARD THE INTEGRITY OF A FREE-ENTERPRISE CAPITALISTIC HEALTH-CARE MARKET.
7:39 AM 6/22/04
RESPECTFULLY SUBMITTED,
For the Consideration of:The People of the United States of America,AndTheir Elected Representatives.
This 22 day of June, The Year of the Lord, 2004 A.D.