Craft legislation which UNDOES rather than does, repeals rather than adds, corrects rather than doubles-down. Get the U.S. Government out of health, out of medicine, out of pharmaceuticals, out of insurance, out of regulating any of it.
First, sunset Medicare, Medicaid, SCHIP, etc., all of it. Eliminate Medicaid, SCHIP, etc. sixty days from passage of the bill. Provide Medicare in the form of federal monthly-unrestricted vouchers for the remainder of their lives beginning at age 66 to Americans age 60-and-older as of the day of passage. Do likewise for Americans age 50-to-less-than-60 less ten percent for each year or part thereof less than age 60. Pay for said from the General Fund while discontinuing collection of Medicare taxes as of the day of passage. Further, repeal immediately the Emergency Medical Treatment and Active Labor Act (EMTALA) of 1986, which mandated that hospitals provide care to anyone needing “emergency healthcare” treatment regardless of citizenship, legal status or ability to pay.
Okay, I know, it’s unfair to those under sixty who’ve paid in their whole adult lives. Bite the bullet. This pales compared to so much else “unfair” that we’ve allowed the U.S. Government to get away with enroute to enslaving We the People. All that money you contributed is long gone. Okay, and I know that this is the “third-rail of politics”, but it’s the right way.
Second, eliminate the U.S. Department of Health & Human Services (HHS) and everything it is, does, and spends. While eliminating, ditto the U.S. Food & Drug Administration (FDA). Overturn any and all state laws dictating what must and must not be included in so-called “health insurance” policies, and restricting out-of-state insurers from selling across state lines. Each such law violates the actual “commerce clause” (original meaning) and the 14th amendment as well.
Okay, let’s back up to the predicate, the truth which binds, which dictates all of this. Each human being on Planet Earth (per “natural law”, the rational and logical analysis of what can and cannot make sense of the observable world) comes sovereign (so subject to no other without explicit permission) endowed by the Creator or Nature’s God with the unalienable rights to life, to liberty (the right to do and choose whatever the heck you want . . . just as long as not infringing on others’ like rights in the process), and to property (e.g., self, ideas, skills, talents, energy, and real property acquired using those; and from whence comes the pursuit [not delivery] of happiness).
Two notes: (1) each also has the right to self-defense of those rights, and (2) no one – not a sole soul – has a right to commodities, i.e., that produced by others. No stuff. No groceries, no shelter, no medical care, no pharmaceuticals, no transportation, no job, no so-called “living wage”.
Third, eliminate Government use of the tax code to pick winners and losers, to reward and punish our behaviors and choices. Even before trashing the current 70,000-page tax code, make medical insurance tax-deductible for individuals as well as companies. Make medical-savings accounts tax-exempt. Enforce the Sherman Antitrust Act of 1890 vis-à-vis collusion between insurers and medical practitioners in pricing and networking.
Any doctor, any hospital, and laboratory, any clinic, etc. must be free to charge any amount it chooses for any product or service. Any consumer can then be free to shop. Eliminate all government or quasi-government certification of professionals, whether they provide brain surgery, hair care, plumbing or whatever.
Given the predicate, given the unalienable right to liberty and to property, any human being has the right to offer for sale his or her organs and tissues on, say, ebay, and any other has a right to purchase as able said. Eliminate all laws and regulations infringing on these rights.
Fourth and finally, toss out the “American Rule”. Uncharacteristically, Thomas Jefferson back in the 1790s made one shortsighted executive decision. Thinking about all of the settlers who owed money to people in Europe who financed their passage to the New World, the “American Rule” made both plaintiffs and defendants responsible for their own legal fees. That served to disadvantage the Europeans and benefit the settlers. Today, it is the “American Rule” as basis for our tort system which allows, even incentivizes, every Tom, Dick, and Harry to frivolously sue doctors, drug makers, hospitals, et al, then just wait for defendant legal fees to mount until they settle out of court.