The Federal Lobster Trap…And you’re the crustacean

Monday, October 1, 2012
By Paul Martin

The Obamacare Lobster Trap

by Bill Butler

According the Affordable Care Act’s (“ACA”) website, ACA is:

…a health care law that aims to improve our current health care system by increasing access to health coverage for Americans and introducing new protections for people who have health insurance

ACA in fact is a lobster trap. It is also crony socialism’s latest and most dangerous assault on what remains of the free market for health care.


As a condition to implementing ACA, ACA requires that every State (and, interestingly, the federal territories) establish a health care “Exchange.” The Exchange is a computer database of programs and designed to implement ACA within the States. Through the Exchange, authorized health care providers, participating employers and individuals and payers (insurers and the federal and state governments) will input information designed to create a “market” for health care services.

In order to create a market, however, ACA needs “information.” Specifically, it needs information on the people who will be demanding services from this market – the lobsters. What if the lobsters are too smart to enter the trap themselves? ACA demands that the States to throw the lobsters into the trap by populating State Exchanges with their personal, private financial and health data without any lobster first giving their consent. ACA can never go anywhere without complicit State actors.

An example of the information that will become part of each state’s Exchange is found in Exhibit D of the State of Minnesota’s $41-million Exchange Contract with Virginia-based “Maximus” corporation. Governor Mark Dayton entered into the Exchange Contract through the executive fiat of an Executive Order without legislative action. In Exhibit D, Governor Dayton authorized the State of Minnesota to provide Maximus with the following information on its citizens: private data, health records, chemical health records, HIPPA-protected health information, Electronic Health Information and federal tax information.

Not only has no Minnesota lobster consented to allowing the State of Minnesota sharing his personal, private health and financial data with the ominous-sounding Maximus, no Minnesota legislator has passed a law permitting Governor to establish the Exchange. Yet over $41 million in funds will flow through the Minnesota State treasury to Maximus.

The Rest…HERE

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