Previously, I blogged on the problems with the actual structure of the creepily-named Delaware Health Security Authority proposed by Rep. Kowalko, Rep. Jaques, Rep. Osienski & Sen. Ennis. That post can be found here. I don’t know how anyone can secure my health, so let’s look at the proposed legislation to see how these 4 wise men would:
§1605 Powers of the Delaware Health Security Authority.
(a) The Authority shall have the following powers:
(1) To make, amend and repeal by-laws, rules and regulations for the management of its affairs [Editor’s note: This untouchable group will set their own rules without so much as a nod to a public rule-making process];
(2) To adopt an official seal;
(3) To sue and be sued in its own name [Editor’s note: The Authority can take you to court];
(4) To make contracts and execute all instruments necessary or convenient for carrying out the purposes of this Act;
(5) To acquire, own, hold, dispose of and encumber personal, real or intellectual property of any nature of any interest therein;[Editor’s note: This is an extremely broad government taking. Basically, the Authority can set its own rules thereby defining its own interests. Then the Authority uses its interests to encumber your intellectual property. This is tantamount to a government taking. Anyone ever hear of due process?]
(6) To enter into agreements or transactions with any federal, state or municipal agency or other public institution or with any private individual, partnership, firm, corporation, association or other entity;
(7) To appear on its own behalf before boards, commissions, departments or other agencies of federal, state or municipal government;
(8) To appoint officers and to engage and employ employees, including legal counsel, consultants, agents and advisors and prescribe their duties and fix their compensation[Editor’s note: As we already know, the Authority is unaccountable and untouchable by statute. They can now hire their own staff and define what they want to pay this staff — all outside of the control of the State budget writers or average citizens. If you don’t like it, they can sue you or define your intellectual property to be encumbered and unusable.];
(9) To establish advisory boards and councils;
(10) To procure insurance against any losses in connection with its property in such amounts, and from such insurers, as may be necessary or desirable;
(11) To invest any funds held in reserves or sinking funds or any funds not required for immediate disbursement, in such investments as may be lawful for fiduciaries in the state[Editor’s note: They can overcharge for their services and then invest that money as they see fit. What does Treasurer Flowers think about this?];
(12) To accept, hold, use, apply and dispose of any and all donations, grants, bequests and devises, conditional or otherwise, of money, property, services or other things of value, which may be received from the United States or other agency thereof, any governmental agency, any institution, person, firm or corporation, private or public. Such donations, grants, bequests and devises may be held, used, applied or disposed for any and all of the purposes specified in this Act and shall be used in accordance with the terms and conditions of any such grant. Receipt of each such donation or grant shall be detailed in the annual report of the Authority, which shall include the identity of the donor, lender, the nature of each transaction and any conditions attached thereto; and
(13) To do any and all other things necessary to carry out the purposes of the Delaware Health Security Act.[Editor’s note: To do anything that they want to carry out the purposes that they defined under paragraph (1)!]
So, to summarize:
The Authority will write its own rules, have the ability to sue you and encumber your intellectual property (aka steal it), hire their own staff (while legally being able to self-deal), invest any excess money that they have for their own purposes (remember self-dealing?), and by statute, do “any and all things necessary to carry out” their own purposes.
I wouldn’t give this power to a Saint. Power corrupts & absolute power corrupts absolutely. This list of powers is extreme and scary.