By now, the news has spread online of the IRS audit notices sent to two Obamacare whistleblowers. On November 25th, cancer victim Bill Elliott and C. Steven Tucker were informed of the ordeal each was to face. Elliott has been waging a pitched battle with cancer. Tucker is the insurance agent and healthcare freedom activist who informed him that the canceling of his insurance, wrought by the Obama administration for the sake pushing citizens into Obamacare, was illegal. Tucker reached out immediately after Elliott appeared on Fox News’ The Kelly File, Nov. 7th, and Elliott’s insurance was hastily reinstated.
What subsequently transpired for Tucker has deepened his impression that the twin IRS notices were no coincidence, but an attack by our federal government, an orchestrated effort at intimidation of them both. Friday, December 7th, he was visited in his home by an IRS official and received yet another threatening notice by mail.
All that follows is an interview Mr. Tucker has just granted via email, after our initial correspondence. He will explain his concern after our first question and answer, about news of a yet more urgent nature, which compels him to action.
First of all, you not only helped Bill Elliott get reinstated in his health insurance, you are relating to all Americans that, contrary to HHS Secretary Kathleen Sebelius’ dictates, it is against HIPPA law for anyone with a life threatening condition to have his insurance terminated, do I have that correct?
You do indeed. The health insurers across the nation who are canceling health insurance policies based on a posting in the Federal Register in June of 2010 which redefined the ‘grandfathered clause’ in the original PPACA (Obamacare) legislation are violating federal law. Specifically section 2742 of Public Law 104-191 (HIPAA). It is linked at my blog: TruthAboutPreexistingConditions.com.
This is an existing federal law that is still on the books and that is relied upon, expanded upon, and referred to multiple times throughout the 960 pages of the PPACA legislation. This law was codified by congress and signed by President Clinton in 1997. Since that was signed into law it has been and still is illegal for any health insurer to cancel anyone’s coverage when they are sick. Regardless of what Barack Obama or anyone else says. It has been and still is illegal for any health insurance anywhere in the nation to ‘drop your coverage’ when you get sick. Period. And, when I say period I mean it, unlike Barack Obama.
This is the law that I used to help Bill Elliott (the man with cancer who appeared on Megyn Kelly’s show who had his health insurance canceled during cancer treatment) get his health insurance policy restored with no deductible or premium increase. Bill was even assured by his insurer that he will be able to keep his policy going forward permanently.
HHS is violating this existing federal law by requiring health insurers to cancel these existing policies based on a random posting by HHS in the Federal Register in June of 2010. A posting in the Federal Register does not trump existing federal law, most especially HIPPA, that is relied upon, expanded upon, and referred to in the PPACA. By faxing section 2742 of public law 104-191 over to his insurer (with the help of South Carolina governor Nikki Haley) Bill was able to retain his policy even after it was illegally canceled by his insurer.
My goal is to inform every American who has had their policy canceled about this law and instruct them on how to use it to get their policy restored. Since this story broke I have been in contact with the organization representing Whitney Johnson and I have been in direct contact with Eileen and Steve Benthal. Whitney is a 26 year old single mother who has been featured in the news. Whitney has multiple sclerosis and she had her policy illegally canceled as well.
Eileen Benthal appeared on the Sean Hannity show on Friday December 6th 2013. Her daughter Johanna was born with congenital malformations in her brain called Multiple Cavernous Angiomas. She has the CCM3 genetic mutation, the most aggressive type of the familial form of this disease. Johanna has over 30 of these vascular malformations in her brain. There is no cure for cavernous malformations except brain surgery to remove the malformations that are causing the most life-threatening and/or debilitating effects. She also developed hydrocephalus, fluid in her brain, requiring the placement of a permanent shunt. Over the past 17 years, Johanna has had over 86 surgeries, most of these in her brain. While cavernous malformations are non-cancerous, they do proliferate and hemorrhage, causing stroke-like symptoms, cognitive and motor delays, and seizures.
It is immoral, illegal, and unconscionable that Barack Obama’s administration would instruct her insurer to cancel her health insurance coverage and force her to accept an Obamacare compliant “Medal” plan which will increase her premium by $1,000 a month and remove Johanna’s access to her current hospital and doctor. This, after Barack Obama promised over and over and over again, ‘If you like your plan you can keep your plan and no one will take it away from you, period.’ Barack Obama is a pathological liar and innocent, sick Americans are now suffering because of his lies.