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#380496 - 05/24/12 08:22 PM Is there a way around the HHS Mandate?
Carson Daniel Offline
Member

Registered: 11/07/01
Posts: 5783
Loc: Walled Lake, Mi
I am as interested in Catholic Questions and issues as I am in Orthodox issues so...

Is there a way for Catholic employers to get around the HHS Mandate? Can, e.g., the Catholic institutions ban together to develop health savings plans governed by the Church without including contraceptives and abortifacients in it?

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#380499 - 05/24/12 09:00 PM Re: Is there a way around the HHS Mandate? [Re: Carson Daniel]
StuartK Offline
Member

Registered: 11/09/01
Posts: 6909
Loc: Falls Church, VA
The way the law is written and being interpreted by the Administration, no.

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#380503 - 05/24/12 11:11 PM Re: Is there a way around the HHS Mandate? [Re: Carson Daniel]
Carson Daniel Offline
Member

Registered: 11/07/01
Posts: 5783
Loc: Walled Lake, Mi
Then defiance is our only choice.

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#380505 - 05/25/12 12:17 AM Re: Is there a way around the HHS Mandate? [Re: Carson Daniel]
StuartK Offline
Member

Registered: 11/09/01
Posts: 6909
Loc: Falls Church, VA
Well, duh.

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#380506 - 05/25/12 12:41 AM Re: Is there a way around the HHS Mandate? [Re: Carson Daniel]
Carson Daniel Offline
Member

Registered: 11/07/01
Posts: 5783
Loc: Walled Lake, Mi
Duh to you as well. That is not among the choices offered by Cardinal George.

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#380508 - 05/25/12 01:14 AM Re: Is there a way around the HHS Mandate? [Re: Carson Daniel]
Paul B Offline
Member

Registered: 11/11/01
Posts: 1584
Loc: PA
I'm not a expert on this, and hopefully someone knowledgeable will add their perspective.

First, this isn't just a Catholic vs HHS crises, it involves any pro-life denomination or business.

There are some indemnity plans (I have one) which have fairly good benefits for hospitalization, pharmacy and doctor visits. They claim they are not "health insurance plans" so they claim to be exempt from the new regs. The diocese could enroll their employees in the plan to continue some coverage. This is the equitable way to discontinue their present health insurance without leaving their employees without any coverage. That would take care of the compassion issue.

The remaining problem is that Obamacare will make hospitalization mandatory, so the diocese is still "guilty" and would be subject to penalty. The diocese, hospital or business would have more than current costs while providing inferior employee care. The solution is much less than ideal, but is a possible "out."

There may be other legal issues but I'm unaware of them.

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#380511 - 05/25/12 01:55 AM Re: Is there a way around the HHS Mandate? [Re: Carson Daniel]
sielos ilgesys Offline
Member

Registered: 05/07/09
Posts: 1219
Loc: Texas/USA
Another name for this is "civil disobedience", with which I've had some first-hand personal experience.

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#380513 - 05/25/12 02:27 AM Re: Is there a way around the HHS Mandate? [Re: Carson Daniel]
Carson Daniel Offline
Member

Registered: 11/07/01
Posts: 5783
Loc: Walled Lake, Mi
Paul,

That's the kind of thing I was looking for.

SI, You are now enrolled in the Lord's army.

CDL

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#380515 - 05/25/12 03:56 AM Re: Is there a way around the HHS Mandate? [Re: Carson Daniel]
jjp Offline
Member

Registered: 08/05/10
Posts: 617
Loc: California
Originally Posted By: Carson Daniel
Duh to you as well. That is not among the choices offered by Cardinal George.


Who is Cardinal George?

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#380525 - 05/25/12 11:00 AM Re: Is there a way around the HHS Mandate? [Re: Carson Daniel]
Carson Daniel Offline
Member

Registered: 11/07/01
Posts: 5783
Loc: Walled Lake, Mi
Perhaps one of the three most influential cardinals in the Catholic Church in America. He is Archbishop of Chicago. If I can locate one of the many articles he's written on this subject I will post the link.

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#380531 - 05/25/12 12:13 PM Re: Is there a way around the HHS Mandate? [Re: Carson Daniel]
Carson Daniel Offline
Member

Registered: 11/07/01
Posts: 5783
Loc: Walled Lake, Mi


Edited by Carson Daniel (05/25/12 12:14 PM)

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#380533 - 05/25/12 12:45 PM Re: Is there a way around the HHS Mandate? [Re: Carson Daniel]
StuartK Offline
Member

Registered: 11/09/01
Posts: 6909
Loc: Falls Church, VA
The problem with the George approach is it gives Obama what he wants. The ultimate objective is the elimination of all private charitable institutions, so that the state may become the provider of all social benefits. Closing the Catholic hospitals, nursing homes, schools and clinics plays right into this. Better by far to leave them open and refuse to provided the mandated coverage or to pay any fine for non-compliance. Eventually, the Obama Administration will have to fish or cut bait--either it sends U.S. marshals to arrest bishops, administrators and staff of these Catholic institutions, padlocking the doors and auctioning off the properties to pay back taxes and penalties; or it simply lets the Church continue to ignore the mandate. That's a win-win strategy, assuming the bishops are serious about their willingness to suffer for their faith. Which, I grant, is a big assumption.

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#380541 - 05/25/12 03:22 PM Re: Is there a way around the HHS Mandate? [Re: Carson Daniel]
Paul B Offline
Member

Registered: 11/11/01
Posts: 1584
Loc: PA
Stuart,

I think the Obama administrative is so intent on their hatred of the USCCB that they won't back off. I expect that they will seize the hospitals for non-payment of fines.

This is the start of nationalization; Catholic hospitals, health insurers, ....

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#380559 - 05/25/12 06:51 PM Re: Is there a way around the HHS Mandate? [Re: Carson Daniel]
StuartK Offline
Member

Registered: 11/09/01
Posts: 6909
Loc: Falls Church, VA
It works out well for the Church if the government does try to seize Church properties. It will lay the issue out in stark terms for all believers and serve as a rallying cry. Moreover, such an action would probably be manifestly unconstitutional and would set up the opportunity for the courts to put the Administration back in its place.

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#380562 - 05/25/12 07:56 PM Re: Is there a way around the HHS Mandate? [Re: StuartK]
Carson Daniel Offline
Member

Registered: 11/07/01
Posts: 5783
Loc: Walled Lake, Mi
Originally Posted By: StuartK
The problem with the George approach is it gives Obama what he wants. The ultimate objective is the elimination of all private charitable institutions, so that the state may become the provider of all social benefits. Closing the Catholic hospitals, nursing homes, schools and clinics plays right into this. Better by far to leave them open and refuse to provided the mandated coverage or to pay any fine for non-compliance. Eventually, the Obama Administration will have to fish or cut bait--either it sends U.S. marshals to arrest bishops, administrators and staff of these Catholic institutions, padlocking the doors and auctioning off the properties to pay back taxes and penalties; or it simply lets the Church continue to ignore the mandate. That's a win-win strategy, assuming the bishops are serious about their willingness to suffer for their faith. Which, I grant, is a big assumption.


I agree. Cardinal George missed this option of defiance. I hope that doesn't indicate a weakness in the episcopal position.

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