Thursday, September 10, 2009

HR 3200 - intentionally vague & obscure?

I have been reviewing HR 3200, aka the House bill on health care reform. While I am neither a legislator nor a lawyer; however, I believe HR 3200 will exhibit profound problems and unintended (or unclaimed) consequences if passed. Here are some of reasons why.

To begin with, HR 3200 suffers from a number of common problems found with much legislation. It is written in English, and complex, obscure, jargon-laden English at that. Many of the sections are imprecise and/or incomplete, leaving large amounts of interpretation and implementation to unelected humans. Many of the objections to HR 3200 come from this very problem, including the concern that the ambiguity is deliberate and intended to open doors to politically unpalatable consequences.

HR 3200 is also massive and very complex — over 1000 pages in printed form, with hundreds of sections. For its sheer length alone, it is difficult to understand and interpret, but there are other factors that make overall comprehension nearly impossible. It also makes after-the-fact revocation or even modification extremely difficult.

Much of HR 3200 makes piecemeal modifications to existing legislation, often with little explanation as to intent and consequences.

HR 3200 also suffers in places from what a software engineer would call “spaghetti coding“. In other words, a given section within HR 3200 (and there appear to be hundreds of them; numbers go from 100 up through 2531 and appear in numeric order, but there are many gaps along the way) will reference several other sections elsewhere in HR 3200, both above and below. Furthermore, it often requires careful reading going back pages to see whether a reference to a given section is to a section within HR 3200 itself or a section in existing legislation (such as the Internal Revenue Service code).

HR 3200 also comes across as similar to a “kitchen sink” application, that is, a single piece of legislation that attempts to do far too much. (See the bill's table of contents below to give you a sense of all that it is attempting to do). Note that these divisions, titles, and subtitles could have (and maybe should have) been broken up into individual legislation.

Finally, HR 3200 embodies what is commonly known in software engineering as a “big bang” approach to systems development. In other words, HR 3200 attempts a massive and ill-understood (and/or ill-specified) modification to the nation’s health care system (roughly 1/6th of the economy) in one fell swoop. As such, it really represents the worst excesses of the legistative system, with deployment being hard or impossible to reverse.

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