Georgia Conservative

August 22, 2009

Congressman Tom Price
3730 Roswell Road, Suite 50
Marietta, GA 30062

Re: H.R. 3200

Dear Congressman Price:

I agree with your conservative values and thank you for all your hard work on behalf of the good people of Georgia. I understand that by doing so you are exposed to liberal media criticism. We will do what is in our power to set the record straight so that truth triumphs.

Please accept my humble criticism of the House bill because after reading it I believe it is a poorly written bill; and may I add, I believe the language of the bill was carefully constructed by the liberal Democrats to provide a wide berth in which to dock their vast liberal addenda.

Please consider my unsolicited comments. The language of the current bill is underlined.

(5) DEPENDENT.—The term ‘‘dependent’’ has the meaning given such term by the Commissioner and includes a spouse. [Comment: This language is broad enough to cover a domestic partner, or same sex partner, or significant other, especially since the provision is not limited to one's spouse.]

[Comment: The bill uses the term QUALIFIED PARTICIPANT but does not define it. Consider the following suggestion]

[Comment: Qualified Participant: A person who is entitled to insurance coverage under Title II Subsection B must be a United States Citizen, or a permanent legal resident of the United States; and shall not include an individual who is "'in the United States without authorization”. See: United States v. Elrawy; United States v. Orellana; United States v. Igbatayo; United States v. Revuelta]

(1) EXCHANGE-ELIGIBLE INDIVIDUAL.—The

term ‘‘Exchange-eligible individual’’ means an individual who is eligible under this section to be enrolled through the Health Insurance Exchange in an Exchange-participating health benefits plan and, with respect to family coverage, includes dependents of such individual. [Comment: The term “individual” is not defined by this statute therefore the term must be understood in its common dictionary meaning. ie: “a single human being, as distinguished from a group”, which obviously does not exclude illegal aliens.

Revise to read:

[Comment: EXCHANGE-ELIGIBLE INDIVIDUAL – is defined as a “Qualified Participant” who is eligible under this section to be enrolled through the Health Insurance Exchange in an Exchange-participating health benefits plan and, with respect to family coverage, includes dependants as defined in 5 USCS § 8110]

Thank you for your courageous service to our country and state, and may God richly bless you, your family, and your loyal staff.

Respectfully submitted,

5 USCS § 8110

*** CURRENT THROUGH PL 111-49, APPROVED 08/12/2009 ***

TITLE 5. GOVERNMENT ORGANIZATION AND EMPLOYEES
PART III. EMPLOYEES
SUBPART G. INSURANCE AND ANNUITIES
CHAPTER 81. COMPENSATION FOR WORK INJURIES
SUBCHAPTER I. GENERALLY

5 USCS § 8110

§ 8110. Augmented compensation for dependents

(a) For the purpose of this section, "dependent" means--
   (1) a wife, if--
      (A) she is a member of the same household as the employee;
      (B) she is receiving regular contributions from the employee for her support; or
      (C) the employee has been ordered by a court to contribute to her support;
   (2) a husband, if--
      (A) he is a member of the same household as the employee; or
      (B) he is receiving regular contributions from the employee for his support; or
      (C) the employee has been ordered by a court to contribute to his support;
   (3) an unmarried child, while living with the employee or receiving regular contributions from the employee toward his support, and who is--
      (A) under 18 years of age; or
      (B) over 18 years of age and incapable of self-support because of physical or mental disability; and
   (4) a parent, while wholly dependent on and supported by the employee.

Notwithstanding paragraph (3) of this subsection, compensation payable for a child that would otherwise end because the child has reached 18 years of age shall continue if he is a student as defined by section 8101 of this title [5 USCS § 8101] at the time he reaches 18 years of age for so long as he continues to be such a student or until he marries.

(b) A disabled employee with one or more dependents is entitled to have his basic compensation for disability augmented--
   (1) at the rate of 8 1/3 percent of his monthly pay if that compensation is payable under section 8105 or 8107(a) of this title [5 USCS § 8105 or 8107(a)];
   (2) at the rate of 8 1/3 percent of the difference between his monthly pay and his monthly wage-earning capacity if that compensation is payable under section 8106(a) of this title [5 USCS § 8106(a)].