Who needs Congress when we have bureaucrats to make the laws, Part 2

When ObamaCare was being debated, it was discovered in its 2,000 pages that it paid for end-of-life counseling. The shants hit its fans, invoking images of death panels turning thumbs down on gladiatorial oldsters whose cost of treatment exceeded their relative worth to society.

That once-every-five years counseling coverage was summarily kicked to the curb.

But the Obama administration has, oh so quietly, resurrected it as an annual program.

According to The New York Times Sunday edition, “The final version of the health care legislation, signed into law by President Obama in March, authorized Medicare coverage of yearly physical examinations, or wellness visits. The new rule says Medicare will cover ‘voluntary advance care planning,’ to discuss end-of-life treatment, as part of the annual visit.”

The Obama administration immediately started trying to shift the blame, according to The Wall Street Journal today, by saying the Bush administration had already created guidelines for Medicare to pay for end-of-life counseling as part of “welcome to Medicare” initial doctor visits and that the new rules merely make that a covered part of the annual wellness visit.

But the Times goes on to suggest the bureaucratic end-run may be used more often in the future.

“While the new law does not mention advance care planning, the Obama administration has been able to achieve its policy goal through the regulation-writing process,” the newspaper says, “a strategy that could become more prevalent in the next two years as the president deals with a strengthened Republican opposition in Congress.”

The Times, bemusingly, quoted an e-mail from a congressional supporter of the stealth resurrection.

An early November e-mail from the office of Rep. Earl Blumenauer, D-Ore., warned, “This regulation could be modified or reversed, especially if Republican leaders try to use this small provision to perpetuate the ‘death panel’ myth. …

“We would ask that you not broadcast this accomplishment out to any of your lists, even if they are ‘supporters’ — e-mails can too easily be forwarded.”

Who needs Congress when we have bureaucrats?

As we said earlier, if you don’t like the law, get a politician or a bureaucrat to skirt it.

Don’t like ObamaCare’s required minimal health insurance coverage, get a waiver.

Don’t like the trade ban with rogue foreign countries, get a special humanitarian license.

Can’t get Congress to pass net neutrality, go to the Federal Communications Commission.