Bureaucratic Dictatorship: ObamaCare’s Independent Payment Advisory Board

Personal Freedom and Prosperity 110: The Rule of Law

A government with moral and legal authority promulgates written rules and universally, impartially and uniformly enforces those rules providing a predictable and stable legal order on which to base economic and personal decisions. The law prevails, not the proclamation or arbitrary decision of a ruler, government bureaucrat, the enforcer (e.g., policeman) or judge.

Bureaucratic Dictatorship:  ObamaCare’s Independent Payment Advisory Board

ObamaCare has decreed enormous powers – actually, nearly dictatorial – to the Independent Payment Advisory Board – IPAB.  In The Wall Street Journal, David Rivkin and Elizabeth Foley claim this board is: Answerable to No One:

  • The board, which will control more than a half-trillion dollars of federal spending annually, is directed to “develop detailed and specific proposals related to the Medicare program,” including proposals cutting Medicare spending below a statutorily prescribed level. In addition, the board is encouraged to make rules “related to” Medicare.

In essence. the IPAB has almost complete rule-making authority over Medicare.  This is a very bad, but it gets worse.  What power does a senior citizen have to contest the IPAB decree?  For example, the IPBA mandates to not provide dialysis care to a person over 75 or any other medical service?

  • The ObamaCare law also stipulates that there “shall be no administrative or judicial review” of the board’s decisions.

Horribly, Congress and the President intentionally established IPAB, which confers extraordinary rule-making power and an aggrieved citizen has no opportunity to seek justice in court or administratively.  This is a horrific extension of Rule by Bureaucracy. 

Wrongfully and immorally, politicians savor this system.  Politicians enact broad, nonspecific “feel good laws,” in this case universal healthcare.  Then, they bask in their glory.  Just as Pelosi, Reid and Obama relished their victory in passing ObamaCare.  While politicians continue their preening, the unknown bureaucrats determine the rules and enforce their edits.  

Democracy requires elected  officials to debate and duly promulgate the law.  We the People have the opportunity to contact our elected representatives and have the opportunity to vote for against them.  Rule by Bureaucracy subverts our ability to communicate and  vote for or against the actual maker of the law.  This is a terrible violation of the Rule of Law.  Please, know:

The law prevails, not the proclamation or arbitrary decision of a ruler, government bureaucrat, the enforcer (e.g., policeman) or judge.
Rule by Bureaucracy must be dismantled.


Tag:  Democracy and Power 115: Other Power Players