By Curtis Caine
Article I, Section 8 of the U.S. Constitution delegates to the Federal Government its powers. The businesses of medical care and insurance are not mentioned therein. And, Amendment X to the U.S. Constitution states that those powers not specifically delegated to the Federal Government are retained by the states and the people. Therefore, nothing in the venerable document authorizes the Federal Government to run medical care and insurance.
Section 1801 of Public Law 89-97 (July 30, 1965) of the Medicare Statute prohibits Federal interference in the practice of medicine:
“Nothing in this title shall be construed to authorize any Federal officer or employee to exercise any supervision or control over the practice of medicine or the manner in which medical services are provided, or over…compensation of any…person providing health services; or to exercise any supervision or control over the administration or operation of any such…person.”
This mandate appears verbatim in the official United States Code Annotated under Title 42, Chapter 7, Section 1395.
Section 1802 of Public Law 89-97 guarantees patients freedom of choice:
“Any individual entitled to insurance benefits under this title may obtain health services from any…person…if such…person undertakes to provide him such services.”
This mandate appears verbatim in the official United States Code Annotated under Title 42, Chapter 7, Section 1395a.
Section 1803 of Public Law 89-97 gives individuals the option to obtain other health insurance protection coverage:
“Nothing contained in this title shall be construed to preclude…any individual from purchasing or otherwise securing protection against the cost of any health services.”
This mandate appears verbatim in the official United State Code Annotated under Title 42, Chapter 7, Section 1395b.
Article I, Section 10 of the U.S. Constitution (paragraph 1) forbids “impairing the obligation of contracts.” Moreover, the practice of private medicine is a sacred contract embodied in the patient-doctor relationship.
Yet, under pain of fines and prosecution, physicians are being forced to comply with cryptic Medicare rules and regulations which amounts to involuntary servitude. The latter is also prohibited by the U.S. Constitution, Amendment XIII.
Dr. Caine is an anesthesiologist in Jackson, Mississippi, and a member of the Editorial Board of the Medical Sentinel. His e-mail address is [email protected].
Originally published in the Medical Sentinel 1996;1(1):37. Copyright©1996 Association of American Physicians and Surgeons (AAPS)
