Author Topic: House votes to overturn Obama gun rule  (Read 594 times)

Offline imchills

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House votes to overturn Obama gun rule
« on: February 03, 2017, 10:21:09 am »
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The House on Thursday struck down an Obama-era regulation that could block some recipients of disability benefits from buying guns.

The House voted 235-180 to roll back a rule that required the Social Security Administration to report people who receive disability benefits and have a mental health condition to the FBI’s background check system. The database is used to determine eligibility for buying a firearm. 

Critics said the rule stripped Second Amendment rights from people who are not dangerously mentally ill, such as those who have eating disorders or mental disorders that prevent them from managing their own finances.

The National Rifle Association opposed the rule. While the group says it supports keeping guns away from the mentally ill, it said the determination about who is mentally ill should be left to the courts.

“The Obama administration’s last minute, back-door gun grab would have stripped law-abiding Americans of their Second Amendment rights without due process,” said Chris Cox, the NRA’s top lobbyist.

Supporters of the rule said the step was necessary to keep guns away from people with mental disorders like schizophrenia and severe anxiety.

Rep. Elizabeth Esty (D-Conn.) accused Republicans of weakening the background check system. "The House charged ahead with an extreme, hastily written, one-sided measure that would make the American people less safe," she said.

Under the rule, which is set to take force in December, the Social Security Administration (SSA) rule would report disability recipients with severe mental disorders to the FBI's National Instant Criminal Background Check System.

People entered into the system would be able to apply for relief from the SSA, but not until after their names were sent to the FBI. They would also be able to appeal in court.

House Republicans turned to the Congressional Review Act to overturn the regulation. The law allows lawmakers to roll back rules they disapprove of. Critically for Republicans, the resolutions cannot be filibustered in the Senate.

The NRA has raised concerns about a similar gun rule from the Department of Veterans Affairs. But that rule was issued so long ago, it is no longer eligible for repeal under the Congressional Review Act.

The House also voted Thursday to strike down the Labor Department’s blacklisting rule, which requires federal contractors to report labor violations.

On Wednesday, the House voted to strike down the Interior Department’s stream protection rule and the Securities and Exchange Commission’s disclosure requirements for oil and gas companies through the Congressional Review Act.

The House is also expected Friday to strike down the Interior Department’s methane emissions standards.

The Senate must approve each of these measures with a simple majority before they are sent to President Trump to sign.


http://thehill.com/regulation/317634-house-republicans-block-obama-era-gun-rule

Offline Battle

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Re: House votes to overturn Obama gun rule
« Reply #1 on: September 10, 2019, 08:41:15 pm »
Tuesday, 10th September 2019
Court rules VA must pay veterans' ER bills
by Courtney Kube and Mosheh Gains and Adiel Kaplan





(WASHINGTON, D.C.) — The Department of Veterans Affairs must reimburse veterans for emergency medical care at non-VA facilities, a federal appeals court ruled Monday — a decision that could be worth billions of dollars to veterans.

The U.S. Court of Appeals for Veterans Claims said the VA has been wrongfully denying reimbursement to veterans who sought emergency medical care at non-VA facilities, and struck down an internal VA regulation that blocked those payments.

"All of this is unacceptable," said the ruling, which ordered the VA secretary to "readjudicate these reimbursement claims."

Plaintiffs' lawyers say that based on past estimates by the VA, the department is now on the hook for between $1.8 billion and $6.5 billion in reimbursements to hundreds of thousands of veterans who have filed or will file claims between 2016 and 2025.

Former Coast Guardsman Amanda Wolfe, one of the plaintiffs in the case, told NBC News on Tuesday,

"I'm just overjoyed. I think it means change, it means that veterans don't have to be afraid of receiving care, emergency care. They can have that sense of security that sense of peace knowing they are covered if they have emergency care."

"I served side by side with some of these veterans who were impacted and to think that this is going to make a difference for them is what is most important to me."

The VA did not immediately respond to a request for comment.

In 2015, the court struck down a previous version of the internal VA regulation that refused any coverage for an emergency claim when another form of insurance covered even a small part of the bill.

The court said the regulation violated a 2010 federal law.

Monday's ruling found the department had violated the same federal law with its revision of the reimbursement regulation.

The panel said the new rule, issued in January 2018, actually created another obstacle for veterans by forbidding the VA from reimbursing medical expenses for emergency services at non-VA facilities.

In September 2016, Wolfe went to the emergency room because her appendix was about to burst.

After a speedy recovery, she figured she was all set — she had two kinds of insurance, a private plan she paid for and her Veterans Affairs benefits.

Her private insurance covered most of the more than $20,000 bill for her hospital stay.

But six months later, the VA denied her claim for the roughly $2,500 that remained, putting her in an unexpected financial bind.

She paid off the bill in 2017, but had been fighting for reimbursement ever since.

This year, her case made it all the way to the Court of Appeals for Veterans Claims.

When the VA's Inspector General released a report in August revealing major problems in the way the VA reimburses veterans for emergency care at non-VA facilities, Wolfe was shocked to learn how many other veterans were in unnecessary binds just like hers.

The August report found that in just one recent six-month period, the VA left roughly 17,400 veterans to pay out-of-pocket for $53 million in emergency medical treatment the government should have covered.

"The Court's decision rights a terrible injustice and its order ensures that veterans who were unjustly denied reimbursement for critical emergency treatment at non-VA facilities will finally be reimbursed," said Bart Stichman, executive director of the National Veterans Legal Services Program, which represented Wolfe in the case.

"It is a hard-won victory for hundreds of thousands of veterans."

Wolfe's lawsuit is only the second case the Court of Appeals for Veterans Claims has ever granted class action status.

The first was earlier this year.











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https://www.msn.com/en-us/news/us/court-rules-va-must-pay-veterans-er-bills-a-decision-that-may-be-worth-billions-to-vets/ar-AAH6l4X?ocid=spartandhp