Comment: HR 3200 was a strawman. What about HR 3962 ?

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Cyril's picture

HR 3200 was a strawman. What about HR 3962 ?

HR 3200 was a strawman. What about HR 3962 ?

Btw: careful, there are two distinct bills with unrelated content sharing the same 3962 number, strangely enough. I question only one of the two, see below.

HR 3200 was their first attempt. Snopes.com STILL mentions it as a fallacious excuse for "conspiracy theorists".

Folks, we focus a lot on either HR 3200 (obsolete, never passed) or HR 3590 (passed).

HOWEVER.

As it turns out I can read English and I did read ... HR 3962, which has passed the House :

http://housedocs.house.gov/rules/health/111_ahcaa.pdf

http://clerk.house.gov/evs/2009/roll887.xml

http://en.wikipedia.org/wiki/Affordable_Health_Care_for_Amer...

(What does "engrossed bill" mean, btw ? I'm not familiar with that part of the legalese. I'm not even a citizen yet, still learning about your texts and processes.)

And it's in this HR 3962 that the "class II devices" phrasing replaces the former of HR 3200 which was more explicit about RFID devices.

Read again, it's in plain English, after all :

"... may include, as the Secretary determines appropriate and specifies in regulation, a class II device that is life-supporting or life-sustaining."

As a software engineer, bear with me, I am extremely attentive to punctuation.

Two important commas above, and what's in between, in there.

How do you think the Secretary in charge will proceed to "determine appropriate" the above criteria ?

I don't know for sure if this has force of law but IT DOES rely on one specific individual's interpretation. In THEIR office.

What does this tell you :

1. WHY didn't they write, as another, oh so naive! alternative :

"as the doctor and/or patient determines appropriate"

?

(I'd have been PERFECTLY fine with that, assuming I also keep my freedom to choose my doctor, too)

But ... Er.. Sorry, no. Instead, it's gonna be the Secretary.

2. WHO defines the nomenclature of devices classes ? Well... the FDA. Is the FDA independent from the government ? I'm not sure.

(cf. FDA nomenclature on class II devices anyway)

PLEASE someone PROVE to me this version above of HR 3962 IS INDEED obsolete and without effect.

It is all I want ... To be really reassured.

Thanks.

Peace.

"Cyril" pronounced "see real". I code stuff.

http://Laissez-Faire.Me/Liberty

"To study and not think is a waste. To think and not study is dangerous." -- Confucius