Will Apple’s HealthBook app draw government regulation?

“Rumors and images are are rapidly crossing even the broadest of internet canyons with Apple’s highly rumored forthcoming HealthBook App,” Mark Reschke writes for T-GAAP. “Apparently, anything from weight to oxygen saturation can be monitored. How? Many solutions may require a third party device, but others are speculating an Apple iWatch will be able to accomplish all but the most technical of health related items.”

“With the Affordable Care Act (ACA) in full swing, questions are being asked as to whether the health and mobile high-tech convergence will be the next area of big Government regulation?” Reschke writes. “Massively large health companies, working on both software and hardware solutions, are highly likely to lobby Congress for massive regulation over any and all newcomers in the mobile health arena.”

“Apple, able to deploy millions of devices and services within days of their initial offerings, may be entering a new world of Government oversight they have yet to experience. With the ACA suffering from a lack of enrollment from younger Americans, experiencing a lack of financial support as a result, political maneuvering to find funding for the program is a likely next step, one where Apple may be seen as a great recourse of abundant cash through abundant regulation,” Reschke writes. “If Apple brings forth some amazing technology, all that is needed is for a few ambulance chasing lawyers to see big dollars due to an app crash or bug. Politicians will be close behind, waiting to reap political and financial rewards from those who back them.”

Read more in the full article here.

156 Comments

        1. I know this comment is going to cast aspersions but:

          When I take into account the all the promotion of neo-feudalism among the typical ‘Republicans’ I can’t help think of their behavior as psychopathic, as in ‘having no conscience.’ Please don’t take this observation as particularly meaningful except in the sense that their behavior is similar to that of classic psychopaths of various types. I’m not saying they’re all insane. But their behavior is similar to someone insane. I hope they all get well soon.

          And of course, there are crazy people at the other end of the silly 1 dimensional political scale as well. Plenty of them!

        2. What I find most egregious about the Republican leadership is their continued belief that it’s possible to legislate morality.

          As though, if it’s a law, people will obey, when in fact all they’re doing is causing people to hide their behavior, and worse, making more criminals.

        3. I find stupid comments made by liberals all the time like GRDualie above. He does not specify the “morality” legislated by Republicans, but just makes the stupid assertion. I will specify the stupidity “mandated” by Democrats. 1. Outlawing the use of incandescent light bulbs, even though they work great. 2. Forcing citizens to use “ethanol” despite its adverse effects on the environment, food costs, and engines. 3. Mandating extremely high taxes on cigarettes and liquor strictly to raise money (sin taxes – how about that for legislating morality?). 4. Obama going outside the Constitution to simply use “executive orders” to do what he cannot convince the Congress to do (i.e. tyrannical actions). 5. Mandating Catholic hospitals provide abortion services to their employees even though these violate the essence of their religious beliefs (i.e. Democrats legislating “immorality” 6. Taxes that consume roughly half a person’s income (formerly known as slavery). 7. New mandates that all new houses have tests that determine the “airtightness” – a test which costs the builder a couple thousand dollars and is none of the business of the government unless it is mandating some new eco religion.

          There are many more. Democrats see their role as telling everyone how to live their lives. Most Democrats do not follow their own dictates – they drive gas guzzling cars and fly in airplanes and otherwise destroy the ozone layer. But they always want to pass laws to tell everyone else how to live. Democrats cannot tolerate one simple American idea – “freedom”.

        4. “1. Return to pre-Obamacare immediately and end all associated mandates and taxes.”

          – This reintroduces preexisting condition discrimination, something Republicans expressed support in ending.

          “2. Immediately allow interstate competition among insurance companies so they can provide national insurance offerings without 50 different regulatory bodies.”

          – Insurance companies can do this already. See § 1333 of the ACA: http://housedocs.house.gov/energycommerce/ppacacon.pdf. They simply need to comply with the next state’s insurance rules, since insurance is regulated at the state level too.

          “3. End the abuse of the medical system by tort lawyers.”

          I agree states should do more to reform their medical malpractice laws. But tort law is a state issue. Congress would have a tough time under the Commerce Clause, in light of NFIB v. Sebellius, to ban states from having medical malpractice laws.

          “4. Promote plans where individuals buy insurance direct from insurance companies and not through their employers so there is total portability.”

          Employers subsidize health insurance, ideally. Plus, what do you think the whole point of healthcare.gov and state exchanges is?

          “5. Implement “co-pays” on all medical services provided to Medicaid users so they pay some costs for what they use.”

          States administer Medicaid. States can require copays: http://www.medicaid.gov/Medicaid-CHIP-Program-Information/By-Topics/Cost-Sharing/Cost-Sharing.html. The idea that they do not pay “some” costs is false.

          I’m open to more ideas though.

        5. Dear Concept,

          Yes you are right. Better to have a system sold on pure lies that denies those who fund it what they want so that those who don’t fund it can also get what they don’t want. And all done via government COERSION.

        6. 1. LED bulbs with 800 lumens use 9.5 watts of power and come with a 10-year life.

          2. Do you know anyone who is using ethanol against their will? A majority of us still use gasoline.

          3. Tobacco & alcohol consumption are wreaking havoc on our medical system and the user should pay more. Also, college educated people are inclined to eschew tobacco.

          4. Executive Orders are constitutional.

          5. Misinformed about the ACA. Obviously the ACA is a weakness for republicans because they refused to participate in its origins. So ignorant in fact, they condemn it while signing up for it. But hey Kent, don’t sign up for ACA, buy it from a non-participating insurance company. As for your disgusting characterization of Catholic hospital insurance processes where abortions are concerned, you have no skin in this game as a man. STFU.

          6. Kent, if half of your income is taxed, you’re doing your taxes wrong. Seek professional help.

          7. You failed to mention the American Recovery and Reinvestment Act offers stimulus money to all participants. In 2012 ALL 50 states are now participating in your so called “air tightness” test. Did you know the Blower Door testing is still an option and most are using the “visual” method. Heh heh heh.

          As for your summary paragraph, everything you said applies to republicans as we’ll.

          Nice try Kent, but you need to do more thinking for your self, instead of carrying water for your party.

          Democrats & Republicans are in trouble and the elitist of congress are the worse of the bunch. They’re completely out of touch with the American people and what I find laughable is, your getting your talking points from them!

          Maroon!

        7. Your stats about LED bulbs are meaningless. Different products have different qualities. That does not constitute an argument for politicians in Washington commanding us to stop using perfectly good incandescent bulbs. And requiring us to use compact fluorescents that have mercury in them that go in the dump and them into the water.

          You seem to prefer a dictatorship. Why don’t you move to the workers paradise in Cuba or North Korea?

        8. You say “1. LED bulbs with 800 lumens use 9.5 watts of power and come with a 10-year life.”

          Humans who are not aborted always have a long life and are much more productive and effective than humans who are aborted. I assume you are for banning abortion, like compact fluorescents, because not aborting is far better from a human effectiveness standpoint, correct? Please tell me you are for this very humane ban on a bad product.

        9. G4Dualie

          By the way, the UN just announced to the world, that biofuels do “more harm than good”. Whose idea was biofuels? Who mandated that an increasing percentage of gasoline had to have biofuels? Were these the same people who now tell us about lightbulbs and carbon taxes? Well, the UN now says that serious damage was done by this inane policy of growing corn to run cars and trucks. The IPCC. You know who they are. And the same people who voted for the brilliant biofuels plan have also crammed Obamacare down our throats. How much damage will be done before the report comes out that government bureaucrats with no expertise or skill cannot produce a better more efficient system than the free market can? The same free market system that Apple used to design and deliver insanely great products all by themselves, with no dictates by Federal bureaucrats.

          http://www.telegraph.co.uk/earth/energy/10716756/Biofuels-do-more-harm-than-good-UN-warns.html

        10. Kent, I don’t like abortion either. I don’t know of anyone who likes it. But I question your right to make such a decision for other people without being willing to accept the consequences of that legislation.

          When you and every other person who wants to change the current legislative position on this issue is willing to adopt or otherwise take good care of every unwanted child that would be born under your preferred legislation, then you have a position from which to debate. And I mean *every* child regardless of ethnicity, gender, birth defects, or anything other factor.

          I am not defending abortion. I am defending the personal rights of individual citizens to make choices – a position which you regularly and strongly support on this forum.

        11. Well, in our advanced society nobody anymore seems to question the right or power of Federal bureaucrats to mandate the light bulbs we use (and the ones we can’t use) and the toilets we use and the design and cost of the health care plan we can and cannot buy. Since everyone is OK with the Federal Tyrants ordering our choices on mundane things that are none of their business, I am just suggesting that banning abortion, which is far more horrific than using an incandescent lightbulb, and does in fact include a murder, would be a better place to start with the national bans.

        12. With education, both materially and spiritually, they are certain to grow and develop a deeper respect for their fellow human beings. Selfishness is not a virtue and will disappear over time to be replaced with selflessness.

        13. I have my own issues with Republicans but I am surprised you two intelligent gents never seem to criticize the ultra left Democrats who are destroying our health care system, our currency and our freedom. The ultra left is the threat but you seem to prefer attacking imaginary monsters.

        14. And you never seem to criticize anyone *other* than the “ultra left Democrats…by which you seem to mean *every* Democrat.

          Both major political parties are full of crap and I do not identify with either of them. Neither is willing to make the difficult and unpopular decisions that are clearly necessary. The Democrats are far too willing to provide federal benefits to everyone and the Republicans are far too pro-business at the expense of everything else – workers, environment, etc.

          Considering the current political climate, the following factors are major influences on my political leaning. First, the modern Republican party regularly promotes faux science and denigrates real science. Second, the modern Republican party has demonstrated that it cares far more about being in power than in proper governance of this country. It would rather obstruct any and all legislation in order to make the current Administration look bad than to work together in a bipartisan fashion. This position has been publicly stated by prominent Republicans on multiple occasions. “Obamacare” could and should have been better in terms of the legislation and the rollout. But Republicans attempted (and failed) to sabotage the legislation, resulting in a worse set of rules. Following that, Republicans attempted to kill/defund Obamacare over forty times rather than attempting to improve the law – these actions were taken despite the fact that there was absolutely *zero chance* of success. The GOP has had multiple chances to do better and to gain supporters. I personally support a number of conservative approaches towards taxation and spending. But I cannot stomach the hypocrisy and extremism surrounding the modern GOP.

          I liked George Bush the Elder. His son was a very poor President. And the candidates that the GOP selected to run against Obama were even worse. The GOP needs to moderate its views – not just in name, but in fact – if it hopes to expand its base. And America is becoming less overtly religious over time. The GOP needs to keep that in mind before it pushes legislation sources from the religious right.

        15. I will happily criticize John McCain, John Boehner, Mitch McConnell, Eric Cantor, Karl Rove, GWBush, John Sununu, Rob Portman, John Kasich. All are big government Republicans who are not doing anything to oppose the people, all Democrats, who have been driving the policy for the past 6 years which has effectively destroyed our economy, our health care system and our freedom. They ignore the Constitution and most of them, are becoming incredibly rich on public servant salaries. Like Harry Reid, and Obama, and the Clintons. They have among them done nothing positive for their country. They have driven it so far into debt we will not recover. They have destroyed our public education system. Our inner cities are corpses – destroyed by the combination of federal programs and city governments which have been ruled by Democrats for 60 years. Look at Chicago, Detroit, Cleveland, Philadephia, LA, NYC. All these cities and more are hellholes with unemployment rates at about 50% or higher. Yes – I attack the Democrats. Because their idiot ideas are the reason why the good country we grew up in is becoming a pauper nation with citizens who are incapable of adult behavior.

        16. I’m following these threads via the little chat box at the top of the browser window. So I’m not following that context. Sorry. It’s tough having actual ‘real time’ conversations among more that two people here via WordPress.

        17. I know perfectly well what the Republicans attempted during the Bush League era. It was soundly stomped out of existence as viable for very sound reasons.

          No, the Republicans don’t have a VIABLE alternative to offer. <–That is a superior sentence. Thank you.

          Meanwhile: The Affordable Care Act was a ridiculous compromise mess. There's not getting around that fact. The Democrats whiffed it, very badly. Now we get to clean it up.

          #MyStupidGovernment in action.

        18. Now we get to clean it up.

          No you won’t, the ultra right will whine until its dead and buried. If the opportunity arises, these republicans will go it alone legislating an entirely new health insurance program that favors the insurance companies and marginalizes the poor.

          In fact, I’ll wager if a republican is elected to the presidency, the extremists in your party will see this as god’s will and we’ll be witness to a radical departure from the party’s traditional values.

          Collin Powell lied to the world, using faux viles as props and in that instant I disavowed my party and became an independent. Millions of innocent lives we’re lost in the Iraq war over oil.

          Congress is a joke and republicans and dems alike are in cashing in on their positions to curry favor from those with deep wallets in a capitalistic society.

          From where I sit Democracy is secondary to the stock market. Big Business is too big to fail but not the government.

          The US government didn’t become obese and out of control on its own. The people we sent there to do the People’s for the last couple hundred years, coupled with the American vote, turned it into Frankenstein.

          Like the ACA, you can’t just pull the plug on government with some silly notion of turning back the clock in order to get back on the right track. There is no right track anymore and our government is not a one size fits all.

          In 100-years we’ll be pledging allegiance to our corporotacracy governors. We’ll choose a brand to work and live for. The Company we choose will be just like any Home Owners Association, making rules to live by.

          The government will be responsible for governing the Corporotacracies and each state will administer its own brand of democracy.

        19. You create interesting fantasies about an imaginary “ultra right” that is doing nothing to legislate anything while the entire Democrat Party is a lockstep radical left that is mandating everything about how we live, using the EPA to steal farms from poor farmers, using the IRS to attack political opponents, stealing billions in taxpayer money to shovel it to billionaires who then use it on loony green initiatives which all go bankrupt, after the billionaires spread the money among hard core left candidates who will agree to steal more taxpayer money. Democrats want tyranny now, Chicago style like where Obama got his start, or USSR style which Obama was trained to like.

          Don’t give me your drivel about the ultra right when you are enabling communists to destroy the country.

        20. these republicans will go it alone legislating an entirely new health insurance program that favors the insurance companies and marginalizes the poor.

          Worse than Obamacare? That’s part of the CORE of the Affordable Care Act: Bend and scraping to the insurance companies, who wrote vast swaths of the bill. But I could see people having to worship the insurance companies. That has historical precedence, sick to say.

          the extremists in your party will…

          My party? No. Where did that come from?

          In 100-years we’ll be pledging allegiance to our corporotacracy governors.

          That’s certainly the direction. But I have extremely little faith in the sanity or unified direction of what I call our Corporate Oligarchy except to say that their behavior is uniformly self-destructive. They’re literally a bunch of buffoons. They’ve take the Milton Friedman lunacy to their soul and destroyed it. All that’s left is their game playing. Their game is finance, which has no actual connection to the real world. It only connects to itself while the real world is the battle ground destroyed in the chaotic mayhem. It’s plain old death as the end point.

          Going off into my own personal abstract: I see the focus of ‘civilization’, such as it may be, focusing into two geographic and cultural areas. The USA will be irrelevant. The focal points will be the Muslim world and the Asia world. I expect a long deep economic depression that will be considered to be a dark age of mankind. Amidst it, these two focal groups of humans will battle it out and reach the point of ultimate desperation such that the nuke come out and end it all. I see the corporate influence ALL along the way and fully expect some corporate buffoon to give the order for a Muslim to push ‘The Button’. That’s most likely just me being depressive, but I have a record of understanding systems and knowing their behavior well into the future, for whatever that’s worth.

          Since I hold no value at all in desperation, I gradually focus my interests in encouraging positive change and creativity. That’s what I do locally. I pretend I can offer that spirit out in the world as well. It’s my form of high, my exhilaration. If we’re alive, we can grow and learn no matter what the buffoon of ‘the powers that be’ are screwing up that day. Life is for growing. I very much have a sense of ‘god’ and ‘spirit’ and see them going on well beyond this human fatalistic rubbish.

        21. Here is the Republican offer – no more Obamacare. It is all lies. No lies is better. But if you want a plan here is one that is 1000% better than this disaster.

          1. Return to pre-Obamacare immediately and end all associated mandates and taxes.
          2. Immediately allow interstate competition among insurance companies so they can provide national insurance offerings without 50 different regulatory bodies.
          3. End the abuse of the medical system by tort lawyers.
          4. Promote plans where individuals buy insurance direct from insurance companies and not through their employers so there is total portability.
          5. Implement “co-pays” on all medical services provided to Medicaid users so they pay some costs for what they use.

          These would all be improvements. Everything about Obamacare is about increasing the cost of healthcare to the average citizen while reducing the quality. And about “coercing” citizens to take services they don’t want. That is what Democrats are good at – coercing. Demanding. Dictating.

        22. Medicaid users already have a cap on income. After that level they have to pay a ‘buy-in’ that is the amount of income they have above the cap. The cap is currently at about $800 a month.

          Now imagine having to live on $800 a month plus Food Stamps income (or whatever they’re calling it this year). It’s wayyyy below the poverty line.

          I can’t argue with your other points. Except: I see the same old coercing, demanding, dictating from the Republicans. It’s just that they’re on their own jab about everything. Control freaks all of them, very few of them having sane outward views of the real world at large. I trust not-a-one of them. I don’t care what party they play at.

        23. No, the Republicans did not vote a single one of them for Obamacare. So this is a pure Democrat disaster. At the same time they are doing nothing to get rid of it, which they should since it is destroying the country. The current Republicans are for big government but not a full blown tyranny which the Democrats are trying to deliver as fast as they can. The current Democrats have a complete revulsion for the very concepts that our country was built on – private property, freedom, rule of law, limited government, distributed federal government, tolerance of religious observance, freedom, the Constitution, rights that came from God. Today’s Democrats actually despise all these ideas. They want government to TELL people what to do so Utopia can be created on earth. In the process of creating Utopia, Democrats are delivering Hell on earth.

        24. Um, I don’t think I, living in the First World, have much of a concept of what ‘Hell on Earth’ means. But I’ve studied the consequences of extremist socialism and have nothing good to say about it.

          On the other end of the scale is extreme ‘conservatism’, which at times has been manifested as religious states (as in Muslim religious states!) and fascism. I have nothing good to say about them either.

          There are extremes of capitalism as well, to the point where I can’t call it capitalism any longer. One extreme is government by corporations, which we currently have to a large extent here in the USA. It’s a total FAIL and turns into its own form of totalitarianism. It doesn’t fit nicely on the 1 dimensional political scale, although some equate it with fascism. Mussolini certainly pretended that to be the case.

          As ever, I’m for maximum freedom accompanied by maximum responsibility for the choices we make. I tend to think of it as free will balanced with discipline.

        25. You seem to be aware of conservatives recommending some Dark Age solution. Actual conservatives are simply recommending a return to limited government and a respect for law. Meanwhile, the current Democrats are actually using the IRS to attack their opponents, they are legislating to put everyone into a government run health system. They are advocating that the President just “order” whatever they want without any Congressional OK. The current Democrats are advocating that they just run everything by decree.

        26. I like your phrase “actual conservatives”. I agree.

          The presidential decree is abuse of power. It reminds me of the ‘signing statements’ whereby presidents have illegally stated they were signing a bill but were not going to support it, however that’s supposed to work. It’s bypassing but agreeing to the will of Congress. IOW: Total corruption.

        27. I concur with what you say. Much of the new “dictatorial powers” of government that did not exist even 20 years ago have been implemented with no objection from Republicans. The entire TSA is an example. So are the bi-partisan leaps into war where there is no national security interest, totally insane rules of engagement that mean the unnecessary deaths of many of our young men and women, and the entire totally intrusive NSA spying on us. I remember when Democrat used to be “anti-authority” and now they are OK with Obama using all the tech at his disposal to know every fact about every American with no search warrant. Of course, todays Democrats don’t care at all for the Constitution and its protections.

        28. Wrecking the Constitution has been a collaborative effort by both parties. That’s an easy, simple line for them both to cross for my mind, allowing me to quite simply state that they should all be impeached, prosecuted, found guilty, thrown in jail for life. That would be a great effort to offer to the future as hope.

        29. The three biggest Presidential destroyers of the Constitution are FDR, Lyndon Johnson, and Barack Obama. The only Republican who arguably comes close is Lincoln, who pushed the Constitution to its limits in search of a way to preserve the Union and end the spread of slavery. I will go for Lincoln’s version over the Democrats, who have abused the Constitution purely in the effort to implement a socialist system here, or worse. Obama has publicly stated he does not agree with the limits of the Constitution.

        30. You’re missing George W. Bush. He is certainly an oblivious idiot whose VP and cabinet did all the dirty work. But he was the boss of it all and get the top credit for what the neo-conservatives perpetrated on my country during his reign. He was a supremely treasonous president. And I’m not even counting all the evidence of his/their involvement in certain parts of the 9/11 catastrophe. If every citizen in the USA comprehended what REALLY happened that day, that entire cabinet would be hunted and murdered in the streets. It would be really great if that was just conspiracy theory looniness. But the solid facts to the contrary keep compiling. I hate that day from so many different perspectives.

          Otherwise: Right on!

          I had not heard that Obama has publicly stated he does not agree with the limits of the Constitution. He clearly ACTS that way, dismissing any comment that points out those ACTS. He pretends the Constitution is still intact when reality has bludgeoned that lie into the ground. What a deceitful bastard is that man. That we should have two deceitful bastards, or should I say three, or four, or five, or six… in a row, bodes so poorly.

          But as I was saying to G4Dualie, the resulting desperation is worthless to my mind. I’m off doing good works toward positive change locally, and attempt to do so at a distance as well. Again: Life is for growing. The buffoons will demand their buffoonery. I’m alive and can therefore choose to do positive works, in spite of them. I love the positive and creative work I make and encourage in others. It’s my ecstasy.

        31. Bush did fail the Constitution in not vetoing McCain Feingold which was a clear violation of the Constitutional freedom of speech clause. Bush did other things that were ill advised and he spent way too much money but I am not aware of other Constitutional violations. (Well, the TARP bailout was another)

          Barack Obama in 2001 told a Chicago radio station.

          “But, the Supreme Court never ventured into the issues of redistribution of wealth, and of more basic issues such as political and economic justice in society. To that extent, as radical as I think people try to characterize the Warren Court, it wasn’t that radical. It didn’t break free from the essential constraints that were placed by the Founding Fathers in the Constitution, at least as it’s been interpreted, and the Warren Court interpreted in the same way, that generally the Constitution is a charter of negative liberties. Says what the states can’t do to you. Says what the federal government can’t do to you, but doesn’t say what the federal government or state government must do on your behalf.”

          Of course during his campaign he talked of his intention of “transforming America”. Using the IRS to attack opponents, unilaterally declaring a couple of million illegal aliens legal Americans with no Congressional authorization, and the recent unilateral giving up the US control of the Internet with no Congressional approval are all totally illegal actions.

        32. Bush was, from what information I can find, the president who started mass surveillance of US citizens without warrants. His ‘warrantless wire tapping’ was all over the newspapers for years. Please don’t pretend otherwise as it doesn’t suit you. The FISA courts complained about this, which is now also public knowledge, than you Mr. Snowden, EFF and others for forcing the FISA documents out into public view.

          As for the Obama garbage, no disagreement from me! Just please don’t attempt to divert attention away from ‘Repubican’ (whatever that means these days) crimes and treason. Please. Don’t count on people being stupid enough to believe that load of lies. Obviously, it ticks me off when people puke propaganda on others. Obviously, I don’t put up with it. I don’t care about the repercussions. Get the facts out and talk about the facts, not someone’s latest sheet of deceitful talking points. This is NOT the Rush Limbaugh show. I think that covers the subject.

        33. Bush did use the Patriot Act and the FISA courts – which had an element of a search warrant – to fight terrorists. Obama has expanded the use at least 10 fold and shifted the focus from foreign threats to the entire US population. And don’t pretend otherwise.

        34. No. G.W. Bush has been clearly documented in public for leaping OVER the FISA courts, performing numerous documented incidences of warrantless wiretapping.

          The Fourth Amendment to the US Constitution could not be more clear.

          You are a propagandist. I condemn the deceit of all propagandists. I regret bothering with you in this conversation. Shame on you.

          I won’t be interacting with your deceit any further. If you reflect upon yourself and still believe you’re not deceitful, all I can say is: READ THE EVIDENCE. KILL YOUR IGNORANCE. Yes, I shout that at you.

        35. You are wrong in your absolute, unwavering viewpoint of the Democratic party. As I stated above, you claim to be above it all, but you regularly direct your scorn and disdain at Democrats in no uncertain terms while defending every facet of the Republican platform.

          I and many others on this forum criticize both sides and are not blind to the excesses and failings of Democrats and Republicans. You are simply deluding yourself and attempting to delude others when you claim to be anything other than a die-hard, far right Republican. As far as I am concerned, the irrationality of you and your ilk (and your diametrically opposed counterparts on the far left) are both the source and the definition of Hell on Earth.

        36. “1. Return to pre-Obamacare immediately and end all associated mandates and taxes.”
          – This reintroduces preexisting condition discrimination, something Republicans expressed support in ending.

          “2. Immediately allow interstate competition among insurance companies so they can provide national insurance offerings without 50 different regulatory bodies.”
          – Insurance companies can do this already. See § 1333 of the ACA: http://housedocs.house.gov/energycommerce/ppacacon.pdf. They simply need to comply with the next state’s insurance rules, since insurance is regulated at the state level too.

          “3. End the abuse of the medical system by tort lawyers.”
          I agree states should do more to reform their medical malpractice laws. But tort law is a state issue. Congress would have a tough time under the Commerce Clause, in light of NFIB v. Sebellius, to ban states from having medical malpractice laws.

          “4. Promote plans where individuals buy insurance direct from insurance companies and not through their employers so there is total portability.”

          Employers subsidize health insurance, ideally. Plus, what do you think the whole point of healthcare.gov and state exchanges is?

          “5. Implement “co-pays” on all medical services provided to Medicaid users so they pay some costs for what they use.”

          States administer Medicaid. States can require copays: http://www.medicaid.gov/Medicaid-CHIP-Program-Information/By-Topics/Cost-Sharing/Cost-Sharing.html. The idea that they do not pay “some” costs is false.

          I’m open to more ideas though.

        37. All evidence shows Obamacare to have been “sold” based on three primary lies, repeated endlessly.
          1. You can keep your doctor (lie)
          2. You can keep your insurance plan (lie)
          3. You will save $2500 per year over current cost (lie)

          All lies. So what are you doing to end this program sold on lies? If Apple sold an iPhone which was then discovered to have no ability to make phone calls, what would happen to Apple’s executives? Would they still be free, or would they be in jail?

        38. If what you say is true, then the ACA will be repealed in 2016 and we’ll see republican majorities everywhere, including the white house. If not, and a democrat is reelected to the presidency you won’t be found around here anymore. At least not under the name of kent. You’ll blend just like troll.

          The only people talking in the extreme like you about all these “lies” are the wing nuts on the right. If what you’re saying we’re true, not a single republican has signed up for the ACA for moral and religious reasons.

          In fact to hear you tell it, you and the republican morally superior kind don’t even need help. You all have wonderful jobs and you never get sick. You don’t get cancer from tobacco or suffer from alcoholism.

          Republicans have never had an abortion and never use contraception, just like the Duggers.

          Also, in your mind there are no LGBTs in the republican party.

          Republicans struggle with morality because their creed is conservatency and they’re all about doing and saying the “right” things, no matter how hypocritical they come across.

        39. AllI said was true. Now each and every day ObamaCare is is place businesses are having to lay off workers, reduce hours and even go bankrupt due to the costs of this law. Americans facing illness are having to switch doctors and go without medications due to the awful requirement of this law learned only after it was implemented. How many will be jobless, their savings wiped out and their lives shortened before 2017? Quote a price for Democrat imposed Utopia.

        40. @kent

          You’re quite the drama queen aren’t you. You’re a little too emotional for my taste. It’s rather evident in the way you address Derek’s comments. You sound calm and collected. But when you comment on my opinions you lose your shit.

          Ad hominem attacks, “liberal” and “stupid” etc., is a sign of weakness, meaning you’ve already lost. It’s painfully obvious your thinking is unoriginal.

          In fact, you conflated abortion and LED and flouresentblight bulbs and I fail to see any connection whatsoever.

          I kicked off this thread with a plausible comment and you knifed the baby in its crib.

          You couldn’t resist pissing on this thread could you kent? You had to make it all about you and your selfish desire to spoil the merits of a medical device that could have potential to save a life.

        41. G4dualie – you are quite the useful idiot. You may like living under laws that nobody read before they passed that were based on lies and which do the opposite of what was promised. You may like living under Chicago mob goons who simply steal taxpayer money and pass it around among the rich crony friends. I don’t. And it is not “drama” to call out fascists and thugs. By the way, I did not hear you come out against banning abortion, like you are so cool with banning light bulbs. If you are going to ban something, why not ban murder?

        42. Kent if you don’t join MDNs membership, you’re a gutless coward!

          Do you even use Apple products or are that android user named mike? You two could be interchangeable.

          You cherry pick my comments, whereas I addressed all seven of your numbered statements and then cherry picked those, leaving me to think most of what I said was right.

          I want the pleasure of reading your comments on something other than government. Let’s pursue the depth and breadth of your knowledge of a technical nature, or are you just another anonymous chicken hiding behind your hotmail email address?

          Sign up and let us know when you’ve come out of hiding. Put some real skin in the game, or leave knowing you are the weak one.

          Waiting…?

        43. I have an iPhone 5s, my fourth iPhone.

          I have a MacBook Air, which replaced my MacBook Pro.

          I have an iMac G5 (pre-Intel)

          I use Airport Expresses connected to Tivoli radios and one Wren AP speaker.

          I have two Apple TVs.

          I own 2200 shares of Apple stock.

        44. Good for you! But we’re done here.

          I have single-payer health insurance for life at $19.00 per month for my career in the Marines, so I can’t relate to your pain and suffering over the ACA.

          As I said I was a devout republican until Colin Powell lied through his teeth for oil.

          Buh bye.

        45. Yes, the crazies in the Party finally drove him out. Like they Charlie Crist, Florida’s former governor.

          I’m surprised Jeb Bush is still a Republican, though he’s doing his best to bring the party back to the mainstream.

        46. Charlie Crist is a Democrat. He was only a Republican like Michael Bloomberg was a “Republican” governor in New York. Yeah right.

          The Republican Party would be much better off without Jeb Bush.

      1. Nothing to do with the health act here – if they have a device that says provides health-related information it will need to certified and regulated (unless there is a disclaimer saying otherwise). This is already true for apps (such as OSirix and other diagnostic image viewers). Imagine if it were able to report on O2 saturation, but the calibration was wrong, or blood glucose but reported incorrect values? These things need to be monitored and checked.

        1. “These things need to be monitored and checked.
          But by whom? Given the horrible implementation of a bad idea called Obamacare, or if you wish to be politically correct , the “Affordable Care Act” the government will not be monitoring my body any more than they are now, and hopefully a lot less.
          Now, you may ask, would I rather be monitored by a product from a private company? Of course I would because I at least have the option of NOT being monitored. Or choosing another company, not at option when you are dealing with Uncle Sugar.

        2. Food supplements aren’t regulated and neither will an Apple product that makes no claim to save a life, or reverse the effects of a medical condition. Treadmills and other exercise equipment that promote health aren’t regulated by a medical authority, even though the manufacturer can claim they’ll add years to one’s life.

          Apple isn’t going to make specious claims, but those developers who write the applications to take advantage of the devices capabilities will walk a fine line.

  1. As of this date over five million new customer of the ACA have signed up to get their health insurance. Please leave politics off the Apple news/discussion web site.

    1. You lie.

      How many of those so-called “5 million” were forced to sign up because they lost the insurance that Obama The Liar repeatedly promise they could keep (and save $2500, no less)?

      Now, liar, how many have actually paid, thereby initiating coverage?

      1. It turns out that the powers-that-be within the Republican realm were the ‘liars’ regarding “I lost my health insurance”. No surprise there. Typical GOP propaganda.

        And yet: Obama The Liar is an excellent choice of words.

        To hell with both the Republicans and Democrats. Get busy making sense, third parties.

        1. Hmmm…third parties?
          The US political scene is hopelessly binary in nature. No middle ground, no ‘grey areas’, no room for consensus. It’s all either in/out, black/white and right/wrong.
          Feudalism lives.

        2. “Why do humans blindly serve their self-destructive imperative?”

          Well, there you have it, don’t you, Derek? If we REALLY understood that, we could do a lot of good.

        3. Here we go again with the lazy minds. You are entirely capable of figuring that out all on your own kiddo. I don’t do other people’s homework. I will, however, always point out when people are reading talking points off the list some propagandist handed to them. Think for yourself.

        4. I agree. I wish we had more third parties. The Supreme Court has basically screwed third parties by interpreting the First Amendment to allow draconian access-to-ballot laws imposed by Democratic and Republican legislatures.

    2. The number of people who have both signed up and paid for an ACA policy remains uncertain. That isn’t relevant to the article here.

      The article here does raise two issues about health monitoring devices and software that are not political, but may have real-world consequences. Is federal regulation of these as medical devices a possibility? Is there a possibility of lawsuits alleging adverse health consequences (for whatever reason)?

      Given the frequency of litigation, I’d say the answer to the second question is YES.

      1. Is there a possible lawsuit? Lol. Just look around at what they are already suing for now!!!!

        If I use a wrist watch and count my pulse, is that a health monitor and does it need to be federally regulated?

        Maybe my counting needs to be approved. ???? Lol

    3. Oh yes, five million out of how many eligible to sign up? 75 million? 80 million? It’s definitely a resounding success. And that’s under threat of a ‘penalty’ if you don’t sign up. Young people are NOT signing up like predicted so the ACA is gonna go bust without added revenue streams. Renounce your citizenship, leave the country, sneak back in as an illegal and get your care for free. ACA is a total flop!

      1. Are you proud that we live in a country where 80 million are uninsured? Is it your hope that they all never get insurance and die because they can’t afford otherwise? You are bottom of the barrel scum and you make me sick. Obamacare not perfect but it’s a start. Maybe the lunatics on the right can work dems to solve what is a disgrace of a health care system…

        1. I’m proud of the tens of millions who get up every single day, go to work and pay for their own insurance. I’m proud of the tens of millions who manage their finances such that they don’t become a charge on society. I’m proud of the tens of millions who take seriously their responsibility to take care of self and family, and not someone else. So, no. I’m not proud that we live in a country where 80 million are uninsured.

          Maybe Joe will help? http://www.youtube.com/watch?v=P5HPyqv-73U

        2. You’re assuming the 80 million uninsured can just “get up every single day, go to work” and get health insurance. You assume they mismanage their finances. You assume they are irresponsible.

          I submit that your worldview is far too simplistic.

        3. There are people who start out with nothing and become very well off later in life through hard work and not pissing away every pay cheque.

          There are others that start out with nothing and expect the state to take care of them for the rest of their life.

          There are others that resort to a life of illegal doings to stay alive.

          At least the whores, drug sellers and thieves don’t expect the state to take care of them when they are not in jail.

        4. I don’t mind teaching a person to fish, it’s the continual giving of the fish I mind. If you keep having babies or quit your job, then you’re on your own. 3 to 5 years assistance then off. There are generations of families that play the system and each teaches the next. I know some and THAT makes me sick. When I lost my job I found a new one and/or started my own business. You’re only a leech if you want to be.

        5. I’m not arguing that we shouldn’t do more means testing to make sure our society’s welfare dollar goes as far as possible.

          I’m challenging the notion that you can get affordable health insurance even if you’re a willing buyer. You often can’t. This is a market failure. Some willing and able customers can find affordable insurance; others simply can’t, because their employer doesn’t offer it, they don’t qualify for Medicaid, they have a preexisting condition, and other factors.

      2. This is the exact kind of thing typical of the right, almost 6 million will have signed up under the exchanges. and your so called facts are not even accurate. That six million does not include the several million signed up under medicare. And the percentage of young people enrolling has shot up to above the expected percentage.

        About 15% of Americans are uninsured, which is a little less than 50 million men, women and children.

        • The primary reasons for Americans being uninsured are cost and job loss.

        • Both the individual mandate and the health insurance marketplace only affect uninsured Americans.

        • For the 85% of Americans with health coverage almost all of ObamaCare’s changes are already in place.

        • 7 million Americans are projected to purchase private insurance on the marketplace this year.

        • 9 million Americans are projected to enroll in Medicaid or CHIP (you can apply for Medicaid and CHIP through the marketplace).

        • The number of uninsured has dropped every year since the Affordable Care Act was signed into law.

        • The Congressional Budget Office is projecting the rate of uninsured will drop by 14 million people in 2014.

        • The 101.5 million already enrolled in government health programs like Medicaid, Medicare, CHIP won’t need to use the marketplace.

        • The 170.9 million already covered by employer insurance won’t need to use the marketplace.

        • In 2010 16% of uninsured were full-time workers or their dependents.

        • In 2010 only 53.8% of private sector firms offered health insurance.

        1. I won’t give you a plug nickel for any statistics provided by the government, regardless of Party. Of course the rate of uninsured will drop, you get fined if you don’t sign up.

        2. No, no, no: not facts! I’ll melt, my brain will pop with the contradiction of reality against talking points! Please, stick just to made-up arguments, examples of people that don’t exist and vacuous Fox News talking points.

          No,

          No,

          >pop<

    4. As of this writing roughly 2 million people have actually paid for their Obamacare. When all the dust settles the Obama administration has said there will be 30 million “uninsured”, meaning we are going through this train wreck which is totally fucking up most of our health care, to end up with the same number of uninsured. But we will pay more for lower quality. And it will be because we are not supposed to talk about the reality of how this current dunce President is totally fucking up everything he touches. We need more of this discussion on this board because there happen to be a lot of dimwits here who think they know everything and voted for this dunce twice and will continue to deny it is not working when the entire country is unemployed due to the insanity of Obamacare and all his other policies. I not only will talk about it here – I will suggest that we begin the process of tarring and feathering all the imbeciles who insisted we have a bill that nobody read to improve our health care. This is the height of stupidity and we will not tolerate the bullying by such moronic thinking any longer.

  2. Off the top of my head I think one possible worry would be the iWatch using any type of metallic surface on its back touching the skin to take measurements. Prolonged metal contact with skin in combination with sweat and bacteria has been reported to be the prime conditions to acquire metal allergies. Not sure if medical measurement devices used externally presently are in contact with the skin as long as the iWatch or other such wearable is expected to be.

    1. Insightful! There’s a lot to be considered.

      For fun: Check out the bracelets the kids wear in then new CW TV show ‘The 100.’ I can’t recommend the program, but I can point out that their surveillance/health bracelets look scary as hell with skin penetrating probe pointy things. <–I'm not wearing that! No way! 😯

      1. I suppose that is true for Stainless steel and will be no problem if the iWatch and other smart watches continue to use stainless steel for parts with prolonged contact with skin.. However my point may still be valid if another metal is used due to Stainless steel not being conducive to the proposed medical monitoring functions.

  3. I don’t know how much the ACA has to do with this, as opposed to general FDA approval processes and regulations. Didn’t Apple’s COO recently meet with the FDA?

    1. To flesh out my point slightly more:

      I think the author is latching on to the timely news-iness of the ACA, but I don’t think the laws facing a potential iWatch are any different than general medical devices that have needed to pass regulatory muster for a while now.

      1. The headline did bring the term “hit whore” to mind. “I don’t have anything to say, but I can score clicks if I link my vacuousness to the ACA and throw in a few CONservative lies, I mean talking points”

  4. The article is a buch of hokum and fear mongering from start to finish. If this rumored device performs as a medical device it needs to follow the regulations that others do. I can’t imagine Apple being a victim here. They have tons of money to lobby against unfair activity and they have plenty of lawyers to make sure they follow the rules. This is not Apple’s first encounter with regulations. Any electronic device has to meet a number of safety regulations and RF emission regulations. Cell phones have to meet a host of regulations and those regulations change country by country. I have confidence that Apple has a handle on this.

  5. …ACA suffering from a lack of enrollment from younger Americans, experiencing a lack of financial support as a result…

    Regulation is NOT about taxation. His attempt to connect the two is a total FAIL.

    “If Apple brings forth some amazing technology, all that is needed is for a few ambulance chasing lawyers to see big dollars due to an app crash or bug. Politicians will be close behind, waiting to reap political and financial rewards from those who back them.”

    Clearly, he does not comprehend medicine or malpractice. Instead, he’s spinning a yarn of paranoia. However, I can’t fault his cynicism regarding lawyers (parasites) and politicians (parasites). They’ll latch onto anything at hand and SUCK. That includes SUCKing on Apple, no doubt. We’ve already witness Senator Carl Levin’s and Judge Denise Kote’s SUCKiness, among others. 😈

  6. Medical/legal costs will make it impossible to to deliver a product like this rumoured product. Lawyers will take down any company that has even the slightest bad outcome that is likely unrelated and rob us all of any possible benefits.

  7. Regardless of what Apple may deliver, you can rest assured some agency in the District of Corruption will get involved. What’s that saying? “Expect what you tolerate.”

  8. Our country, the most powerful in the world, is soon going to be the last modern democracy to have universal healthcare for all its people.

    Polls are indicating this is something most of us celebrate and it is also something that our Congress and President voted into law.

    I have a friend who, as a ‘conscientious objector’ with a very messed up knee, has refused to apply for ACA coverage which would cost him $35/month. It’s a shame, but he listens to Fox News/Koch Brother rants pushed by Roger Ailes (Fox News), Rush Limbaugh and others.

    The hope of the new wearables coming from Apple, Google, and others is that mobile medical tech will be both very effective and above the funny money/me-me-me driven politics we’ve been weathering for the past 34 years.

    1. The U.S. has the best health care in the world. This is largely because it is no government-run.
      In cancer survival rates, for example, we are number 1 in the world. In terms of life expectancy, if you remove non-natural causes of death (which have nothing to do with health care), such as those resulting from fatal injuries, which include motor vehicle accidents, falls, accidental poisonings, homicides, etc. from the calculations, our life expectancy also shoots straight to the top.

    2. Hmmm…. Socialised medicine. Australia has it and doctors are striking and leaving the profession because it is so good.

      Medical conditions that are not life threatening – torn ligaments and radial cuff injury and bone spur in shoulder which causes frozen shoulder – not treated now for 7 (count that again) years. Haven’t even been able to see a specialist. Only given pain meds that dull the pain kind of. That’s it.

      Mine is not an isolated case.

      This is what you are clamoring for?

      (Off topic) And by the way, you may want to reconsider the statement, “Our country, the most powerful in the world” after the Putin push into Crimea. And he hasn’t even thought of stopping.

      Slap his wrist. Yep, that worked. I can see him trembling from here.

      What would have Kennedy or Reagan done? They both confronted the Ruskies. And Russia (USSR) blinked.

      Not this time.

  9. The affordable Care Act (Obamacare) does not suffer from lack of enrollment as stated in this article. Here are some facts Enrollment is expected to hit 6 million by the end of the month. While that is less than the 7 projected it is much better than thought after the horrible roll out. Over 29 million people now have health care who did not before or would not have had, including those added to medicare, and children under the age of 27 still able to be on parents healthcare plans. Over 129 million Americans no longer can be cancelled for pre existing conditions or because the existing plan hit the maximum payout. That’s right over 1 out of every 5 Americans have been positively impacted by the ACA

      1. The Supreme Court ruled that it is voluntary. It’s essentially a tax increase, because you are 100% complying with the ACA by paying the tax. See National Federal of Independent Business v. Sebellis, 132 S. Ct. 2566, 2594 (2012) (“[T]he mandate is not a legal command to buy insurance. Rather, it makes going without insurance just another thing the Government taxes, like buying gasoline or earning income.”).

        People are responding to the ACA’s incentives. That’s the point.

        1. The Supreme Court is wrong. They’ve been wrong before, they’ll be wrong again. It just depends on which Party is in power when a new Justice is appointed. They’re supposed to decide cases based on law, but they are human and they will always lean toward their personal feelings.

        2. Re-read your last sentence of the first paragraph and actually try to make sense of it. Are you saying that if I go into Apple to buy an iPad and decide to do without, the government can then tax me for doing without? What a can of worms you have opened there!

        3. The only limitation on congressional power to tax is that it be non-arbitrary. This is an extra-textual limitation that courts place on everything federal and state governments do (it’s essentially a due process consideration).

          The Constitution does not place any limitations on Congress’s taxing power within Article I itself. Still, in your absurd hypothetical, Congress’s tax is a very good candidate for being an arbitrary one. In contrast, Congress has very good reasons for taxing someone for not having health insurance.

        4. Congress does not have the Constitutional power to coerce somebody to buy a product. The vast majority of the coercion in Obamacare is forcing the 90% of individuals who already had health insurance to purchase a different policy, designed by the government, and unread before the bill was passed. Polls indicate about 60 – 70% of Americans do not like Obamacare. The vast majority had good insurance they liked. Now, they are coerced to buy a policy that is inferior, but was sold on the idea they could keep their old policy. Pure LIES which is all that Obama and his useful idiot followers ever do.

        5. Congress coerced me to sign up for Selective Service. I would have gone to jail if I didn’t do that. I have an option here, as a rational actor: buy health insurance, or pay a tax.

          This is no different than if Congress raised everyone’s income tax and gave a deduction for having health insurance. Are you claiming Congress could not do that?

        6. Selective Service did not discriminate. You went even if your name was Elvis. You could not buy a replacement to serve for you. The have and have nots served equally (unlike in the civil war). Under ObamaCare the haves are paying for the have nots.

        7. That rationale—i.e., “the haves pay for the have nots”—justifies the income tax. The income tax is constitutional. See the Sixteenth Amendment. The Constitution also authorizes Congress to collect taxes and spend money for the “General Welfare,” see Article I, § 8.

          As I have explained, the individual mandate is no different than a tax increase on everyone’s income supplemented with a “health insurance” deduction.

          It seems like you have a problem with the Constitution’s text, so you should work to change it.

        8. Under your non-arbitrary taxation, and congress having a good reason for taxing if you don’t have insurance, may I suggest that everybody that rides a bike as a means of transportation be forced to pay the Federal Excise Tax on gasoline that would have otherwise been collected had they driven a car. The roads and bike lanes still need upkeep but they aren’t paying their fair share as they chose to do without a car. The Feds, States, and local Counties all have a vested interest in collecting that tax. That can of worms continues to grow.

        9. An excise tax is a tax imposed at the moment of consumption. How would they pay an excise tax without paying for gasoline? I’ll answer your question, just be more specific. How would the tax be imposed?

        10. I haven’t consumed any insurance, why am I being ‘taxed’. I am the epitome of health. As soon as I need any healthcare (being over 65) I expect Obama to set me out on an iceberg and push it off into the drift. As for the collection of excise tax, let the IRS collect it. They can do the math of how much fuel was used by how many people each year. Everybody shares in the payment. As Obama said about ACA, “it’s a shared responsibility tax”. If you’re riding a bike, you aren’t paying your share.

  10. All the aspersions about the Democrats and Republicans (not to mention all the other pseudo-parties) is really interesting.

    In the long run, haven’t any of you noticed that it really doesn’t matter who is in “power”, all the same stuff happens? As a friend said one time, “It doesn’t matter which party is in power, it is still the same little old lady with new makeup on.”

    Politics all over the world is pretty similar, just some things are done out of the public eye. Spying on citizens and controlling all aspects of life has been the goal of those in power – no matter what the system of government is called – since organised society began. Whenever that was.

    Let’s not get religion in this or we would really have a hay day!

    Consider this: no matter the party affiliation in the halls of congress in the US government, the Senator or Representative has their own health insurance and none of them have given it up to sign up for “Obamacare” – The Affordable Healthcare Act. In four years, not a one. Hmmm

    And yet, you, as an American citizen are supposed to be all excited about this “plan” of government privatization.

    And the value of the health insurance company share has gone through the roof.

    Then consider this bit: There is a strong push to get young people to sign up. Why? So they can pay for the medical care of the elderly.

    Sound familiar? It’s called Social Security.

    Do some research – find out where Social Security was first instituted. (Hint: it was where the first freeways were built).

    Cheers…

  11. What an asinine article. Gee, either the Government will regulate or Lawyers will sue. Of course the Government will regulate, as they should. Drugs should be proven to be effective and safe before being sold, and medical instruments need oversight for manufacture and quality assurance to make sure the product works as it is supposed to.

    People are notoriously bad at making healthcare decisions: even a smart, technologically sophisticated CEO of the world’s most valuable company can choose the wrong treatment.

    The rest of the article is a tortured attempt to drag in the ACA, and through some tenuous, logical labyrinth, tie it to a rumored device. It is one of the stupidest arguments I’ve seen all week.

    1. Ragged,

      I am not going to make up for the fact you slept during your entire high school civics instruction. Instead, you research the three branches of government, the difference between the executive powers and legislative powers, and the concept of checks and balances. Also, for your laziness in the past, now you need to research the difference between a dictatorship and a constitutional republic.

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