When Have You Received Medical Care?

[palani]

Section 1551 of 'bamas Affordable Health Care Act found here in pdf form http://www.hhs.gov/healthcare/rights/law/title/i-quality-affordable-health-care.pdf draws certain definitions from 42 USC 300gg-91 aka section 2791 of the Public Health Service Act found here
http://www.law.cornell.edu/uscode/text/42/300gg-91

The federal government has seen fit to define what MEDICAL CARE actually consists of:


(2) Medical care
The term “medical care” means amounts paid for—
(A) the diagnosis, cure, mitigation, treatment, or prevention of disease, or amounts paid for the purpose of affecting any structure or function of the body,
(B) amounts paid for transportation primarily for and essential to medical care referred to in subparagraph (A), and
(C) amounts paid for insurance covering medical care referred to in subparagraphs (A) and (B).

Odd ... it is only when you have actually PAID have you received medical care. Go in. Get treated. Leave. YOU HAVE RECEIVED NO MEDICAL CARE. But when you get a bill and pay any part of it THEN and 0NLY THEN have you gotten medical care.

The ways of commerce are only for those who choose to pay.

[Hatha Sunahara]

Logically then, if you don't pay, you don't owe anything because you haven't received anything.

There is a name for this kind of logic. (Legalese maybe?) Very specific name. Self extinguishing logic.


Hatha

[palani]

Logically then, if you don't pay, you don't owe anything because you haven't received anything.

There is a name for this kind of logic. (Legalese maybe?) Very specific name. Self extinguishing logic.

Its called 'code pleading'. That is to say, actually reading the code with a critical eye to what is or is not required, allowed, permitted or regulated. Code pleading replaced common law pleading around 1860 and was in vogue until about 1950 when it was replaced with notice pleading. I suppose nowadays the code means nothing because nobody is required to read or understand it. Instead your response to notice (an element of due process) is what determines what standard your actions will be held to.

[Ponce]

About VA medical care.......last week I went to the VA for medical treatment and I heard something that gave me the chills...just before I went into the Dr office I heard him ask "Does he have insurance?".....also....for travel expenses they used to give me $88.86 right then and there but now you have to fill two paper forms which you have to mail it in and then in about 5 weeks they will put the money into your bank account......they are asking for to much info, I'd rather loose the money.

V

[Dogman]

About VA medical care.......last week I went to the VA for medical treatment and I heard something that gave me the chills...just before I went into the Dr office I heard him ask "Does he have insurance?".....also....for travel expenses they used to give me $88.86 right then and there but now you have to fill two paper forms which you have to mail it in and then in about 5 weeks they will put the money into your bank account......they are asking for to much info, I'd rather loose the money.

V

My first visit to the va hospital in shreveport, they gave me a form to fill out to mail back to them. They said the check will be mailed this one time. The form was for my bank numbers so any other visits they will direct deposit. My check was about the same as yours, within $1.00.

Hell I really do not have anything to hide, I am an open book as far as the gov goes , so I probably will send the info. Hell they already have it for my ss check because paper checks are history now, its all electronic.

[Ponce]

LOL Pluto........you must live 110 miles from them, as I do......by the way they gave me two forms, not one.

V

[Dogman]

LOL Pluto........you must live 110 miles from them, as I do......by the way they gave me two forms, not one.

V


Abt 80-86 miles one way. And I filled out one of the forms right there, last thing I did before I hauled ass back home.

[palani]

I actually did not get the concept completely correct and am surprised 7th trump did not correct me. You have gotten medical care when you have RECEIVED a payment rather than when you have PAID for it. However, should you pay for insurance of a medical sort ... that appears to be another kettle of fish. According to the definition if you pay for insurance that covers the "amounts paid for" ... (A) or (B) ... then THAT is medical care as well... according to (C).

So .... what it comes down to is ... should anyone claim you have RECEIVED medical care ... ask to see the receipt where you got paid.

[palani]

for travel expenses they used to give me $88.86 right then and there

So according to para (B) this payment IS medical care and you have received it then and there.

[palani]

I would venture a guess that 99% of the time it is going to be the physician or the hospital that receives medical care. You might be the one sick. You might be the one treated. But THEY are the ones who get paid.

[Dogman]

One of the promises made when we signed our life away to the military (gov) for the good and the bad. And because we survived our service, the gov would be obligated to us. Medical care is one of those obligations and depending on income it could be free or co-pay on a sliding scale.

Ex-service people that are in the v.a health system are covered and do not need any outside insurance. When we sign up we do our active service time and then for the rest of our life's we are classified as inactive and not subject to recall , unless you are/were an officer, then all bets are off.

We do get payed a per dim for travel to and from our assigned medical centers, which is kinda kool and beats nothing.

I was young and dumb, back when, if I knew then what I know now, things probably would not have changed much because I had no choices income wise and could not run like some better off kids (family) that ran from the draft. At least I joined (lotto number 4) and chose my service and bitched when the two year mark came and went. But at least learned a skill set that served me well in life that could be used in civilian life.

[palani]

Medical care is one of those obligations and depending on income it could be free or co-pay on a sliding scale.

When you receive payment for travel you are receiving medical care. I doubt if you are charging them for anything else so apparently travel payment is the benefit being received.

You merely have to look at the definition and decide what the words 'medical care' actually mean to the government. Out of ignorance I might be extending that word construction to places where it might be argued that the definition doesn't apply. In the Public Health Service Act this definition is under the category GROUP HEALTH INSURANCE but I really don't know if 'bama has extended it independently or under a specialized heading in his Affordable Care Act. See .. that is the problem with word constructions. You go to the doctor seeking medical care and all he does is treat you and sends you on your way ... then HE gets the medical care (aka the payment).

I have no problem at all with the government keeping their promises to veterans. My number was 126 and the lottery drew up to 118 ... but then I enlisted anyway.