Bad Day at Black Rock

Below is a guest post by Raynor James, an eastern North Carolina resident who has followed the debate on North Carolina House Bill 184 very closely:

Tuesday, April 3rd was a sad day in the North Carolina House of Representatives.

Let me tell you about it. Dale Folwell is North Carolina’s Treasurer. He’s a very popular fellow for all the right reasons. He did a good job when he served in the North Carolina General Assembly. He got North Carolina’s unemployment insurance out of debt to the Federal Government when he served in Governor McCrory’s administration, an accomplishment that continues to save North Carolina’s employers significant sums annually. He’s known as a problem solver.

North Carolina’s State Health Plan (which pays for medical expenses of current and retired state employees) is seriously underfunded and is projected to be bankrupt by the year 2023.When Dale Folwell was elected Treasurer, many who voted for him expected him to solve the Plan’s problems as its administration was in the Treasurer’s portfolio.

Enter HB-184 which if implemented will tie the Treasurer’s hands and not allow corrective action to be taken while a committee studies the situation.

HB-184 was debated on the floor of the House April 3rd. Let’s look in on how some conservative House members tried to kill the bill.

First, Representative Michael Speciale offered two amendments to the bill. Representative Speciale’s first amendment would give the Treasurer a vote on the study committee and would make it impossible to expand the size of the committee (something that is sometimes done when the “powers that be”don’t like the direction a committee seems to be taking).

That amendment passed by a vote of 106 to 5.

Representative Speciale’s second amendment would remove Section 2 from the bill. Section 2 requires that Blue Cross-Blue Shield continue to be used during the study period.

It also prevents the Treasurer from switching the Plan to using referenced based pricing for medical services to the Plan during the study period.That amendment failed by a vote of 88 to 23.

During debate on HB-184 itself, Representative Larry Pittman cited a memo from the Plan’s Board of Trustees that projects that the plan will be out of money in 2023, and said that we can’t wait on a two year study. He talked about how hospital groups were groaning about how burdensome the Treasurer’s planed payment changes would be on them [tie pricing of medical services to 172% of the average Medicare pays for the same service], and pointed out how well funded many hospitals are. In support of his assertion, Representative Pittman mentioned that the hospital at East Carolina has given $10 million dollars to fund a stadium.

Representative Pittman asked that members not pass the bill and added that when Treasurer Folwell had requested info from the hospital groups, they had sent him the schedules he asked for with page after page blacked out. “They might as well have slapped him in the face and spit on him,” Representative Pittman said.

He continued by saying passage of the bill would hurt both members of the Plan and taxpayers who pay the freight and pointed out that members of the Plan are also taxpayers, so they get hit two ways.

He stated that Dale Folwell is “competent” and “honest” and renewed his request by saying, “Defeat this bill.” Representative Michael Speciale said, “We’re told that if we don’t pass this bill, the sky will fall; we’ll lose our rural hospitals.” He went on to say that they’d heard the same thing when he was trying to get rid of the CON [Certificate of Need] laws [which did not pass] and shortly thereafter they closed one of the hospitals in my district.”

“I hear fake news ads” [on the topic of rural hospitals closing if HB-184 doesn’t pass] when I drive in my district.”

Representative Speciale went on to say that Dale Folwell got the people together who are opposing him [mainly large hospital groups] and asked how much waste, fraud, and abuse there is in the system. The answers they give him ran from 12% to 25%, so he took a middle number and asked them to figure out how they could reduce costs by 15% and said that they needed to get together again as soon as that was done.

After that meeting, Treasurer Folwell tried to set follow up meetings, and time after time he was stonewalled.

Representative Speciale continued, “Now we’re faced with $33 to $36 billion dollars in unfunded liabilities. If we don’t allow him to cut costs, how are we going to cut costs because it’ll be on us!”

“Dale Folwell has increased what would be going into rural hospitals. He’s compromised, but they won’t budge an inch.If we do not pass this bill, then the hospital lobby will sit down and talk to him. Let the state Treasurer do what he was elected to do. Throw the politics aside and vote NO!

Representative Keith Kidwell said, “For the last 10 years, health care costs have gone up and up. We asked Treasurer Folwell to handle it. Let’s not bobble him,or we’ll be faced with taking $235 million to $509 million [dollars] from the general fund to deal with the problem AND $1.1 billion will be added to the unfunded liability.”

“HB-184 will cost us a ton of money!” “Cut through partisanship and look at the numbers! We HAVE to block this bill!’

In spite of those eloquent pleas and others, too, HB-184 passed 75 to 36, and it will now be sent to the North Carolina Senate where it is hoped that wiser voices will prevail.

If you’d like to hear the whole debate, you can go to the NC General Assembly website at which NC House sessions are archived.

Thank you, Raynor. This is a picture of what is going on in the North Carolina state legislature. President Eisenhower warned about the military-industrial complex. What we see here is the result of intense lobbying by the healthcare-industrial complex. We need to stop this bill.

North Carolina Voters, It’s Up To You To Uphold The Constitution

The following is taken from Michael Speciale’s website:

On the November ballot you will be asked to vote on a change to the North Carolina Constitution. The change is to allow individuals who appear in Superior Court, in cases where the State is NOT pursuing the death penalty, to waive their right to a trial by jury. With the approval of the Judge, they will go in front of a Judge only. The question on the ballot will be as follows:

[ ] FOR [ ] AGAINST

Constitutional Amendment providing that a person accused of any criminal offense for which the State is not seeking a sentence of death in Superior Court may, in writing or on the record in court and with the consent of the trial Judge, waive the person’s right to a trial by jury.

To some, the proposed amendment seems benign. It seems like no big deal, until you look at the ramifications, the precedence being set, and the liberty safeguards being forfeited.

Next to our 2nd Amendment right to keep and bear arms, whose inclusion into the Bill of Rights was intended to ensure that we the people had the ability to fight a tyrannical government, our 6th Amendment right to trial by jury is the next most important right that we have.

This right is another measure to ensure that we can overcome a tyrannical government because juries have the power to judge the law as well as the facts of a case.

What would be the purpose of this amendment? I can only reason that its purpose is intended to clear the backlog of cases. On whose backs will this come? The State would like to cut down on costs for providing legal defense to the indigent. Sadly, they will be the ones targeted because disposing of their cases by a Judge alone is generally quicker and cheaper than dragging out a Jury Trial.

Let’s take a look at a couple scenarios to determine what could happen:

   1. Promises and Coercion: The indigent defendant is sitting in their cell awaiting trial because they cannot afford bail. They are approached by an officer of the court and the conversation goes like this: “It will likely be months before we can get you in front of a jury, but if you sign this waiver, we can get you in front of Judge so-and-so in a week or two. He’s usually pretty lenient in cases like yours.” What do you think the defendant is likely to do? He wants out of the cell; he wants his freedom. He is likely to sign the waiver under the belief that he will be out of there quicker, and with a lighter sentence. It is not likely that all will go as promised.

   2. Juries have the right to judge the law as well as the facts of the case. That means that, even though you may be guilty of violating a law as written, the jury may choose not to convict you because they believe the law to be a bad one, or they believe that the law simply should not apply in your case due to mitigating, extenuating, or exigent circumstances. This is called Nullification, and a Judge is not likely to consider this.

   3. What about Justice? The powerful and the politically connected commit crimes like everyone else. Picture a Senator or other powerful individual manipulating the system by choosing to waive his/her right to a jury trial in order to get in front of a Judge that he/she knows, such as a friend, a supporter, or someone who owes a favor. Justice would not be served in this case.

   4. When the government gets their ‘foot in the door’ the next step is to kick it wide open. Think of the seat belt law. In order to calm public opinion when the seat belt law was being considered, we the people were told that this would be a secondary offence. In other words, we would not be pulled over just for a seat belt violation, but we could be ticketed for not wearing a seat belt if we were pulled over for another offence. The reality is that shortly after the law was passed, it was changed to make it a primary offence. Just like that, once this amendment is passed, after a short time I can easily envision a change making it no longer a choice in certain cases, but a mandate. I can envision the law being changed to state that if you are charged with certain crimes, those particular crimes will no longer allow trial by jury, but will be tried in front of a Judge only. Can you see it?

We are losing our rights by the day, and we should not just give them away. I voted NO on the bill to put this on the ballot.

I recommend that you vote NO on the amendment.

Representative Larry Pittman has released the following statement:

[…] Last year, all of us except Rep. Michael Speciale messed up on a bill
that was brought to the floor for a vote when some of us had never
seen it. It was heard in committee that morning and brought to us in
the afternoon session.

I really didn’t get a chance to study it for more than a few minutes.
Sometimes there are just so many bills in the

queue, especially the last few days of the session, that if you are
trying to study as many as you can as closely as you can, there will
be some you don’t get to study that closely before they go through
committee. So you listen to the debate and try to read the bill as it
is being debated, and make the best decision you can, based on the
debate presented.

On this one, there really was not much of a debate.
We were told by its House sponsors how great it was and how it would
enhance the rights of the accused in court proceedings. It was SB 399.
The whole Senate, and everyone in the House except Rep. Speciale,
voted for it. You will see it as a constitutional amendment on your
ballot in the election this November. I am asking you to correct our
mistake and vote NO on this proposed amendment. Thank goodness for Rep. Speciale for seeing through it and pointing
out to me how bad it actually is. I just wish he could have had the
chance before it was too late for the vote. I guess he didn’t speak
against it on the floor because he thought it was so bad it didn’t
have a chance to pass. Our District Attorney here in Cabarrus County
has also spoken out publicly against this very bad amendment. Please
vote against it.[…]

We as the voters have a chance to vote against this amendment. Many of our legislators and state officials are now speaking out against the amendment, saying that it takes away a right guaranteed by the U.S. Constitution.

Please vote no.