Candybag's Medicaid idea update

[Candybag]

The update from another forum: HTR. Please read thread before commenting to this post.

https://htr2.com/forums/forum/htr-ha...-the-adventure

A couple points: No one the team has talked with ridiculed the idea. One racing commissioner has a medical idea and said he would kick it up. Two racetrack owners loved the idea. A harness official is kicking the idea up the ranks.

The team already has seen HISA fees come from the state. Maryland is re-allocating state monies for Pimlico. I know for a fact if Medicaid monies are saved by my idea, the savings could be re-allocated to racing in the next budget cycle by the lawmakers.

Too soon to see what happens. However, we are putting our money up front, and our team does the work. Too early to tell if the idea will be used.

The real tragedy: If this idea gets dismissed out of hand especially when it is our money and our team willingly to prove the point.

Time will tell.

[elhelmete]

Idea has not gotten better with age. To say it's dead on arrival is giving it too much credit.

[ScottJ]

https://caselaw.findlaw.com/court/us...t/2184229.html

Jeffrey A. Killian appeals from the decision of the Patent Trial and Appeal Board (Board) affirming the examiner's rejection of claims 1, 5–8, 12–15, 19, 20 and 22 (all pending claims) of U.S. Patent Application No. 14/450,042 ('042 application) under 35 U.S.C. § 101. See Ex Parte Jeffrey A. Killian, No. 2020-003680, 2021 WL 363335 (P.T.A.B. Feb. 1, 2021). We affirm.

Conclusion

We have considered Mr. Killian's remaining arguments and find them unpersuasive. For the foregoing reasons, we affirm the Board's decision.

[Saratoga]

Originally Posted by ScottJ

https://caselaw.findlaw.com/court/us...t/2184229.html

Jeffrey A. Killian appeals from the decision of the Patent Trial and Appeal Board (Board) affirming the examiner's rejection of claims 1, 5–8, 12–15, 19, 20 and 22 (all pending claims) of U.S. Patent Application No. 14/450,042 ('042 application) under 35 U.S.C. § 101. See Ex Parte Jeffrey A. Killian, No. 2020-003680, 2021 WL 363335 (P.T.A.B. Feb. 1, 2021). We affirm.

Conclusion

We have considered Mr. Killian's remaining arguments and find them unpersuasive. For the foregoing reasons, we affirm the Board's decision.

Decision was made in 2022 ....

As CB continues with this ....Courts will refer to this decision to knock him down

[Candybag]

My case made it to the United States Supreme Court where it was turned down to be heard after conference.

A process not receiving a patent is not the same as the process not working. In fact, there have been over 80 petitions to the United States Supreme Court on patent applications regarding other processes turned down on the Alice/Mayo criteria. The Supreme Court has refused to hear each and every one of them.

These petitions were brought forth by some of the top law firms across the nation and every petition has been turned down. The Supreme Court refuses to clarify their own decision. Congress has been trying to remedy Alice/Mayo.

My team already knows the process works; it has worked twice. A court decision cannot block my process from happening, in fact my process is an operation of law.

If the racing industry does not adopt my idea, it is because the racing industry did not get out of their comfort zone, not because of any court decision.

The interesting thing about my case: The Patent and Appeal Board wrote that my process met the law as written by Congress, it did not meet the courts case law. Exactly, who writes the laws in America?

[Candybag]

When we talked to a group suing HISA: Oklahoma v. United States, I mentioned I have been to the United States Supreme Court on many of the same issues, different subject matter. We suggested our back up plan, call it Plan B. Continue with the HISA lawsuit and get our money during the interim. If you lose the court case, you look like a hero when the money to cover HISA is already on hand due to your proactive actions. He said he would kick the matter upward.

It was nice to get to the United States Supreme Court, get in front of a lot of important people, have investors believe in the idea with their time and money, have an author reach out and put me in his book "Plight of the Patentee" and have articles published after a top intellectual property blog requested the same. Also, U.S. Inventor submitted a Supreme Court brief on my behalf.

The book mentioned above included Josh Malone, who invented "Bunch of Balloons" which you have seen in retail stores. He is our hero, sued and won his patent infringement case for $31 million minus $10 million for legal fees. Mr. Malone cleared $21 million, and he is very outspoken about the Alice/Mayo chaos. Literally, any patent application can be turned down as there are conflicting court cases each way. My case was made precedential at the Federal Appeals level.

I hope we can help more people and help the racing industry. Perhaps nothing will come of the effort, but we are trying.

[Jeff P]

Originally Posted by Candybag

My case made it to the United States Supreme Court where it was turned down to be heard after conference...


My team already knows the process works; it has worked twice. A court decision cannot block my process from happening, in fact my process is an operation of law.

If the racing industry does not adopt my idea, it is because the racing industry did not get out of their comfort zone, not because of any court decision.

The interesting thing about my case: The Patent and Appeal Board wrote that my process met the law as written by Congress, it did not meet the courts case law. Exactly, who writes the laws in America?

Who writes the laws in America?

Sadly, the answer to that question is lobbyists hired by billionaires.

The primary mission there is enriching the billionaires at the top of the pyramid, and to a lesser extent, everyone down from there - including elected representatives in exchange for their votes, and of course the lobbyists doing the grunt work.

That said, I read the thread on Ken's board including your post here.

The people I am talking with are in a political environment. They fully understand the budget process. There is a pot full of budget money, now lobby for your share of the funding. Plus, the people in racing who support this idea will have a few reminders for the legislature: We personally put the money there by bringing forth this idea, we just want a small piece of it back. (I can track the savings person by person). In my opinion, fair enough to reward and incentivize creative new ideas that benefit everyone.

Racing may very well die off. I want to do my part in preserving it a little bit longer. I had some great times in this sport. I also want to help people with disabilities receive get their rightful benefits by correcting wrong application information. The daily double: Advance the sport of kings by assisting widows and orphans, priceless.

My hope: I respect everyone's opinion. This idea is the law. Let's follow the law, get the revenue and allow the legislative process to do its part. Some states are already paying the HISA fees from their budget. From that standpoint, politicians are already telling me something about public perception and helping racing. At least, allow this idea to reimburse those states who are now covering the HISA fees so such reimbursement can go back to other social efforts.

I applaud you for your efforts and out of the box thinking.

My hope, should you be successful - is that some portion of the additional revenue stream be used to grow the game - as opposed to mandating 110% of it be allocated to purses (as has been the case for slots and casino money from the very beginning.)


-jp
.

[Candybag]

Jeff P: Thank you for the kind words.

We also reached out to Amy Cook, Executive Director, Texas Racing Commissioner. A race track official also emailed her on our behalf.

Ms. Cook is on official record saying the only way in her opinion to take a HISA grant is via a cooperative agreement. Texas already has an approved cooperative agreement, it is with the Medicaid authorities.

Our suggestion was to look at our idea and use the savings to meet HISA standards the Texas way and get the simulcasting signal back across state lines. The balance of the savings could be for border security or whatever is the desire of Texas.

To date, we have heard nothing back.

[Saratoga]

Originally Posted by Candybag

Jeff P: Thank you for the kind words.

We also reached out to Amy Cook, Executive Director, Texas Racing Commissioner. A race track official also emailed her on our behalf.

Ms. Cook is on official record saying the only way in her opinion to take a HISA grant is via a cooperative agreement. Texas already has an approved cooperative agreement, it is with the Medicaid authorities.

Our suggestion was to look at our idea and use the savings to meet HISA standards the Texas way and get the simulcasting signal back across state lines. The balance of the savings could be for border security or whatever is the desire of Texas.

To date, we have heard nothing back.

Texas??? HAHAHAHA

They don't even want to distribute their signal to other states....

[elhelmete]

I don't know why I'm bothering. This whole notion is about as realistic as a 5yo winning the Kentucky Derby.

There is beyond -88979868% possibility that anyone would allow Medicaid savings to flow to racing. Not directly, not indirectly, not 10% of it, not 0.00001% of it. And that's from both sides of the aisle. I'd tar and feather any elected official that supported it.

Budgeting at the federal and state levels absolutely positively does not work like you suggest. It is not one big pot of money to be divvied up fresh each year. Not even close. Just...stop.

Candy...it does sound like you have possibly figured out a Medicaid efficiency loophole which can be closed and save states a lot of $. If that is actually true, kudos, and stay in that lane.

[Robert Fischer]

In a perfect world.
Someone fascinated with medicaid inefficiencies would be hired by medicaid
To have that cash flow back into the medicaid system period
but, we get a racino

[castaway01]

Originally Posted by Jeff P

I applaud you for your efforts and out of the box thinking.

My hope, should you be successful - is that some portion of the additional revenue stream be used to grow the game - as opposed to mandating 110% of it be allocated to purses (as has been the case for slots and casino money from the very beginning.)


-jp
.

Why in the world should the horse racing industry, which couldn't successfully manage a lemonade stand in the desert, get any misallocated Medicaid money from the federal government? Anyone who would support such a horrible idea should be run out of office immediately.

In fact, only a crooked lobbyist would be able to get something like this in front of Congress. So, if you bribe the right people maybe there is hope....

[bisket]

LOL horse racing would take its place next to Brett Favre... yeah that's a great idea..?

[Candybag]

Gentlemen:

It is not federal Medicaid money. The monies in question are state general revenue funds that may have been used for a drawn down of federal Medicaid monies if the errors were not found.

In addition, the identification of the payments in error, before they occur, would allow the federal government to keep their component of funds also.

What the states do with their general revenue funds not spent in error (on any subject matter) would be a matter for the state legislature, not Congress.

[elhelmete]

Any state legislator who even had a private thought about using Medicaid savings in this way should be tarred and feathered.
But this idea is ridiculous enough that even our current batch of legislators would laugh this out the door.