billoreilly.com. word of the day do not be a loonca -- mooncalf. >> we'll investigate claims. it can be traced back to the department of education. >> is this the end of santa claus? a new push to replace the jolly old man with a white beard?

tonight, on the kelly files. >> breaking tonight, we're getting a look at urgent new warnings from some physicians obamacare might end up putting your neighborhood doctor office out of business. doctor offices across kros the country learning just what they're going to get paid or reimbursed bit feds to going forward. and some physici physicians and the president of the national pain centers, dr. wiser good, to see you. tell the audience up front i know you and of your practice because my ex-husband happens to be one of your partners. i receive your e mail and your particular warning after you saw what the feds are reimbursing you for your practice your procedures include very fancy things like sticking kneeledels into peoples spines

tell us what the cuts are. >> thanks megyn. medicare looking for ways to save money. we're working with cms to try to make recommended cuts responsibly to fill up access to care. there is alternative to hospital care and surgery center allow us to perform sophisticated procedures. >> have you to do crazy stuff. you keep people out of the hospital. tell us about the cuts. why you claim they're dire? >> well, medicare proposed cuts that came ut to 24% but in particular, pain management can range as high as 58% for basic ep durales for herniated discs.

and people have sciatica or leg pain. that is not sustainable at office setting we're providing care you know just over cost and 58% cut over and above mandated records and costs of staying in business will close us, nearly 40% of pain providers to consider whether or not that is viable going forward. >> you are reached out and said contact your congressman and object to this. going to force some out of business you say there is, they're trying to push doctors in private practice out of private practice and patients over to hospital setting. why would the law want to do that? >> it's difficult to ascertain motive but one can't help be skeptical that the goal here is a nationalized system the government wants to reduce

costs. we offer lower form of care for painful spinal conditions yet, they cut us deepest opposed to hospital system that have a more expensive overhead and facilities associated with what we do. the question begs the answer is whether or not hospital lobbyists are still working behind the scenes with congressional leaders. that is forcing the hand or likely that there is just a generalized push towards a nationalized system like canada or england forcing doctors to sell or go out of business. once we get down to a single operating system of a hospital employing all doctors we get closer to a government run health care system. >> pain management is one of the few specialties that gets decent reimbursement rates but that is now being cut you give lumbar epidurals. give

us an example of rates. >> just example for cervical injections around $250, in 2013 in 2014 suggestion is $117. low back, similar, like $247 reduced to $215. again, those are 51 to 58% cuts that is not sustainable. given our overheads we're not capturing any fee for running a facility we do have surgical centers in some states but that fee pales in comparison to what the hospital would recoup. >> i know it's spinal stimulation got cut by thousands so we'll where where this goes dr. gr g.to see you. >> thanks for having me. >> all the best to you. >> numbers coming out to these doctors and what they're going

to get reimbursed you're hearing some say they're shocked. i mean, we just got new numbers on obamacare. 360,000 signed up for private insurance so. 360,000 number may be irrelevant lent. one new enrolle is marco rubio we'll speak with him about his experience we get reports the exchange is encountering serious problems. today on capitol hill, health and human services secretary faced a grilling on the troubled health care.gov roll out and things got tense when lawmakers tried to ask her about people seeing big premium hikes. watch this. >> you are telling us those who just -- >> i told you sir, who is

enrolled. >> that is why we're frustrated because we don't get the truth out of you. >> you cannot say as you had numerous times these preventative care services are quote, unquote free of charge, can you? >> they're free to the consumer.er. >> they're not there is no free lunch madam secretary. >> if you have preventive care and prevent a more costly hospital stay, down the line >> we're just going to agree to disagree. like talking to the republic of core rea, or something. >> joining me now, fred upton, a republican in that hearing today. mr. chairman good to see you. i want to 0 in on that one point we heard about kathleen sebelius maintaining services are free, free to the consumer. the point the congressman seemed to be raising was that there has

been admission by some state administrators the price has been built into the premiums. some of which are raiseed and higher than they were. >> we know nudging is free. right? we're hearing from each of them, each member of congress across the country, hearing from hundreds of our constituents who are getting they're being forced out of their plan. we've got more people told they've lost their plans they're not able to sign up for this new president health care bill. and for those that are now signed up or newly enrolled, many of them are finding their premium is skyrocketing. >> she refused to admit. that she would not admit premiums are going up. architects of the law maintain while premiums may go higher subsidies going to make it lower.

>> no. the premiums goring higher for so many people and deductibles going up into thousands of dollars. people are not able to keep the health care plan they want. we know that all of the individual plans, we've got almost a quarter million in michigan losing their individual plans and know that by a year from now, tens of millions, perhaps 80 to 90 million americans with employer based health care are going to lose plans as well. >> how do you get anywhere? congressman taking heat saying it's like talking to north korea. she refuses to acknowledge there is no such thing as a free lunch. it's not free. >> do you know what happens? we only could have her two hours per day. afternoon shaeshgsd to leave. we almost have more questions from her appearance than we had tim to ask. some

weren't able to ask any questions. >> what about this, she came out and said today she believes strongly in the need for a a.ktibility. so today, she's announcing that she's going to appoint the inspector again rachlt she's the health and human services secretary. >> it's still in september, she looked us in the eye and said they're ready to go. ready to launch. things are ready. i wanted to say on september 30th she said the goal for success would be 7 million enrollees bit end of march. here we are in mid december. learning it's about 350,000. that isn't complete until people are paid there is nobody on board. what happens on

january 4th, february 15th? someone goes to the doctor scombroer think they may be enrolled who knows if they paid or not. they have expanded medicaid. in 100,000 enrollees. states don't know if they're eligible. this is one giant mess. >> we'll look forward to that. >> thanks for joining us. >> thank you. >> coming up, it's the selfie seen around the world. tonight new fallout from this photo op. we'll have update for you plus, a big update on a 6-year-old boy suspended for quote, sexual harassment after kigs a class mate on the hand. why one columnist says angry parents may want to blament obama administration. wait until you hear the connection. blp

an elementary school finds itself in a national story after deciding to suspend a 6-year-old boy for sexual harassment because he kissed a class mate n the hand. the school say they

have to consider him but his quote, victim. >> right. >> right. now, the 6-year-old's school record just says misconduct. no more sexual harassment. the superintendent tells us that the whole story is not out there he won't tell us what the whole story is except to say hunter was, he kissed the girl two separate occasions and she wants him to quote, knock it off. the boy's mom has a different perspective. listen to her. >> she was fine with it. they are boyfriend and girlfriend. other children saw it and went to the music teacher. that day i had the meeting with the principal. this is taking it to an extreme that doesn't need to be met with a 6-year-old. >> she claims her son is ask he questions about sex. the school

calls the 6-year-old girl the victim and maintains the right thing happened because it served as a wake up call to hunter's parents and they're working to solve his discipline problems and apparently hunter is working on it. >> they sent me to the office. i feel sorry. but i just have a lot of energy. 6-year-olds have a lot of energy. >> they do have a lot of energy. he's back at school the 6-year-old girl's family say they do not want to get involved but say they do not want hunter to kiss their daughter anymore. >> oh, my god. that face is adorable. thank you. >> they have a lot energy. they do. it's true, hunter. there is a provocative piece suggesting the obama administration may bear some of the blame for what happened here. really?

joining me now, dana lash and andel brown, a florida attorney who handles juvenile delinquency cases the piece argued in april, 2011 a then assistant education secretary issued a directive threatening to withhold federal money from school that's fails to take a hard enough line on sexual misconduct including elementary schools though encouraged steps to depend on the age of the student. dana? >> the administration have a hand in this here? >> a little bit they do. and this mandate was controversial whit came out. she received a lot of criticism for this and stepping down from her post within the department of education but there is very little that actually gives any discretion of age of student. as

you can see it's having a negative impact here at secondary and elementary schools in this case of a little boy who does have a lot of energy. the threat of withholding money. here is the problem. aly. wrote this letter there are things she said and one is that evidence required would be more likely than not. you need barely anything to go after accused it attacks due process that students should be able to enjoy like they'd be able to enjoy out of a school setting and it'ser persecution in looking at it that polices male behavior. it's a persecution of a guy. >> what do you make of it andel? there is a difference between a 6-year-old and an 11-year-old i think you can make a case shouldn't be by an 11-year-old but six? >> i think this policy directed

making sure our children are safe and they can learn in an environment where they won't have to deal with a type of harass many of any kind oochl do you think a 6-year-old boy can be a sexual harasser? >> when a 6-year-old decides they want to invade personal space of another child, and do with them as they will, then, they have to face consequences there is no way around that. six years old is old enough to know wrong from right. the girl's parents say they don't want that boy kigs their daughter anymore. >> after the fact. >> it's fine. if the parents don't want it. >> the parents of the girl don't want it to happen anymore there are ways of handling it. but to label sexual harassment, seems to be a knee jerk reaction. suggesting it's because their marching on orders from up high. >> well, that is the problem with this mandate. everybody's

school administrators are running scared you have all of your federal funding that can be held up. so that is why whenever accusations pop up, school officials jump, they have tochlt because their funds could be withheld. it deprives students of due process to label a 6-year-old sexual harassment? that is harassment. >> a 6-year-old is blaming that on policy from the department of education. the department of education doesn't label a 6-year-old a sexual harasser. >> the suggestion is that this is targeting boys in particular. that this is going after boys >> there is nudging in the policy that says it's targeted at boys. it's going to anyone. that conducts themselves in this manner. whether a male on male,

female on male, it does not matter according to policy. >> thank you for being here, good debate tell me what you think gochlt to facebook.com ask send me a tweet. stay tuned.

a little more than 300,000 people have signed up for health care exchanges. but haven't said how many people have paid for coverage yet. one person enrolled now is marco rubio. good to see you. so, already, some critics are saying that is tip hipo critical for to you enroll and take the subsidy. you say what? >> well, first that, we are

supposed to live under the same laws everyone else schl everyone else is forced to go on obamacare why shouldn't members of congress as well? i didn't vote for the law. but i don't think i can tell people in florida i have a plan they don't v it's not the federal subsidy. it's employer contribution made by the senate. i'm going to follow whatever law applies to everybody else. i don't think members of congress should be able have laws separate from laws everybody else has to live under. >> you and colleagues got an emergency letter from dispersing office sending an urgent mass e mail saying you think you may be in obamacare but don't trust any confirmation from dc health exchange. don't relie on your my account page. you don't have a confirmation letter. the american people are not going to

get any corresponds from the office. your thoughts on how this is working? you think you're enrolled, you're in the enrolled. what? >> for members of the senate there is a dispersing office alerting people they may have a problem. it's staffers and people like that. but what about american public? i had someone approach me on sunday at a wedding said her deductible is now close to $6,000. so she doesn't have $6,000 and going to have to cup up to $6,000 to access insurance she has all of the changes are going to be disruptive to millions of people. >> subject of 300,000 enrolled it's too little. anything could happen. but now there nowhere near on track. the problem we're

told include small number of healthy young people they need for the law to work. that means insurance companies have a different risk pool than ones bargained for but hhs and obama administration forsaw this possibility and guaranteed a form of bailout in the risk pool wound up being bad for them the insurance companies are getting ready to ask for that bill to be paid and we, the american people are paying it. you're trying to stop this. do you have hope of doing so? >> i hope people will be outraged by it. this is most companies are going to make money. you have a risk pool coming in and helps them out. in

this infans, very sick people, older people, people, this is not what they've by the on. next year, they're in the going to try to be part of the exchange or going to raise premiums. and less people are going to sign up. so this is just one more of a series of rolling disasters. >> there budget deal in washington but folks coming out for and against it. john boehner, speaker of the house said those who are opposing this deal are quote, using the american people for their own purposes, this is ridiculous, he said your thoughts? >> the budget increases spending

by $60 billion over two years. mining these caps now pass in washington are meaningless they come back a year later going over them. it raises by $60 billion but pays over 0 years you know how that works they'lling for get it and keep borrowing more. fundamental problem is that we have a government continuing to spend more money than it takes in. and our children are going to have to pay for this. many people that are around today are going to have to pay. we're going to have a debt crisis that is going to continue to destroy jobs and disrupt the functions of our government. when are we going to get serious about dealing with this? once and for all? >> good question, senator rubio. thank you. >> thank you. >> well, coming up next, the president's selfie touched off a controversy that has gone global ask critics of his behavior

here, fill in the blank must be racist. that is next. plus, do we need to get rid of santa? one blogger is now demanding a change, next.

>> that is david cameron defending himself for taking this selfie with president obama and denmark's prime minister yesterday. but the controversy did not just go across the pond. it's also led to suggestions today that the critics of this behavior, the three taking this selfie are racist. joining me

now, allen combs and mike gala ger. and so you've got a far left web site come out and said that, they said it on another channel that this, those who criticized this have elevated racist and sexist stereo types presenting michelle obama as quote an angry black holme woman and barack obama as an oversexed black man. >> you can't say anything about president obama without being accused as a racist. i'm going stipulate they disrupted a somber ceremony is probably false this, is a celebration memorial people were celebrating and dancing and all. but i think the piece on this came from the

chicago tribune who wrote interest this is he called a president self yeechl a metaphor for everything having to be about barack obama when roso parks died the white house tweeted out a picture of a president in an empty bus. it's always about him. president selfie. it's a great piece. >> just kills you he's president we have to have a selfie to have a controversy about barack obama? that does not represent the left. i do. as you well know. but you know that is not what it's about. there is no racism here. there is nothing to be critical of. he was a, it was a celebration. it wasn't a funeral. it was a celebration of nelson mandela's life. george w. bush took a picture with bono. there is no controversy.

>> but where the president base faiss charges of being everything having to always be him >> charges by whom? >> by you. >> iement only one? come on. >> yes. >> i don't speak for everybody in conservativeland but a lot of americans say it's always about him. and john cash wrote it's president selfie. >> why. y the person who said this was on a rival cable network. talking about how you're racist if you're critical. if you don't like him, you're a racist. if you criticize the first lady you're a sexist racist. >> i don't agree with using the r word every time something goes up, any time the president does

anything, let's criticize him. it's controversy here. >> we did a segment about a cable host on another network suggesting the word obamacare is racist. >> the answer is that it's effective. people don't want to be called a racist. i worked in talk radio. every day i have an angry caller says you don't like obamacare because you're a racist. that is past the point of riddic plus. the white part of him or black part of him? >> i'm sick of it. my viewers are sick of it. let's end on that happy note. >> he beat out mily cyrus why pope francis is the person

of the year.

>> pope francis named person of the year. joining me now, monica crowley. bernard whitman.

welcome, this is fascinating to me. that they went with pope francis for some conservatives has been controversial i'll tell you i read a moving piece by john moody on fox news.com written the book about the papacy. he defends this pope. your thoughts, monica? >> it's tough to dislike a pope who drives a ford focus. okay? this is a very humble man taking the papacy out of the palace to the streechlts he is living the gospel every day, is relatable and warm and engaging. he made comments that have been controversial as you point out, particularly conservatives but as i read them... >> about wealth? about income. >> yes. capitolism. >> yes. yes. >> and i read those comments closely. what i take is that it's more of a criticism of

hyper consumerism than it is about capitolism or free market per se. i think he had valid criticisms there. i i think he's a quiet reformer in the church. he says he's taking the church on a different trajectory >> he see the pope washing feet of prisoners setting example for what a catholic and noncatholic should behave like. and gosh, you think how do you criticize this pope? go with someone like with all due respect kathleen sebelius. >> monica and i agree on something he's caused hundreds of millions of catholics to reengage, rethink and take a look at the church, an institution becoming

calcified. whether talking about his position against economics, creating a bigger role for women in the church, discussing homosexuality in an open way saying who am i to judge this, is causing foam think maybe the church can change and adopt and reach out. can speak to me in a new and powerful way i think that is a wonderful thing for catholics and i applaud the decision. and facebook just said do you know what? he was the most talked about topic all year. who better? >> thank god him over mily cyrus, thank god can you imagine? okay. so let move on on slate they have a piece, santa clause should not be a white man anymore. i kind of laughed and i said this is ridiculous. yet another person claiming it's racist to have a white santa. for kids watching at home, santa just is white but this person is arguing we should

have a black santa. sant yeah is what he is. because someone wrote bit. wanted to get that straight but when i read the piece author seems to have she's african american and seems to have pain in having grown up with this image of a white santa. she speaks about it honestly saying i am, i don't understand why that had to be. >> yes. she wants santa to be incluesism i had the same reaction thinking oh this is more politically correct nonsense and hyper sensitivity you read and walk through the step was her, it's a tribute to her writing and realize if you're a young kid african american and your santa was white would it affect you when you went to school. maybe you won't feel part of the tradition she projects a penguin should be santa. >> she goes off the rails >>. it's an animal, something kids love bring that's cartoonish component night and makes all kids kind of feel

welcome so i see where she's going with that. >> no. no. no. it doesn't. >> it makes all birds feel welcome. >> you know, so that, i've given her her due. just because it makes you feel uncomfortable doesn't mean it has to change. jesus was a white man, too. it's like we have, he's a historical figure as is santa. and kids, i want to you know. that how do you revise it in the middle of the legacy is in the story? change santa from white to >> you can't. first penguin would never work. because penguin cannot lug gifts around the world. that is number one. >> we just want to be clear. >> exactly. >> but you're right. look. santa claus is based on st. nicholas a

greek bishop. was a white man. so all of this, i understand... >> poor santa. come on. >> how cute, right? >> so you can't take facts and then, try to change them to fit some sort of a political ajenned yoor a sensitivity agenda. >> i think that it's fine for santa to be represented as a traditional white man f people want to represent him as african american man or drag queen our social fabric, i don't think a society is going to break up if people respond to santa in different ways. >> thank you, bernard. >> thank you panel. >> coming up, a reporter leaves his job to move to newton to find out what happened leading up to the tragedy at sandy hook elementary cool. >> here is the point, sean. is this a step in the right

direction or not? this cut spending this, lowers deficit. doesn't raise taxes. and -- >> we're concerned about what it does to defense. we see this as a step in the right direction. hi, i'm terry and i have diabetic nerve pain.

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i've seen this. the cases of mental illness prevalent in these mass shootings is not a coincidence. this isn't addressed. i feel the trend will keep happening. >> what is it about when it was easier to commit people and it was unacceptable. >> i think it started with parents and nancy and branched

out to teachers and mental health specialists. the government doesn't have all the answers to these questions. a lot of times it comes to the neighborhood. >> was the mother in this case complicit for lack of a better term. she was buying guns and taking him to the shooting range. was she part of the problem? >> it's clear from my research nancy loved her son dearly, gave up a large percentage of her life to protect him. but at the same time, she knew he was very sick. and she knew that he was obsessed and fixated on violence. how this mother could simultaneously love him and surround him with these terrible weapons is an answer that i'll never know. i don't think anybody will know. >> the amazing thing is this guy was under treatment. nobody insists that the next step be taken with him? >> this is the thing that shocks me. here's a young man, his room is covered with garbage bags to

seal the light from coming in. he cut off people in his life, his father and brother and no longer talks to them. can't touch doorknobs and fixated on violence and surrounds himself with this. he wasn't on medication or going through therapy. he could have clearly refused it. there needs to be something, some way people can intervene to make sure that people like the shooter are not walking the streets, getting in cars. i don't think anybody could have seen what happened that day, but clearly, there were signs that something bad was going to happen. there also with the guy in tucson, shooter in aurora. i think that's why it's important these discussions take place. there's people out there now. i've spoken to countless parents through this book who have said they fear they have a young man who night do something similar and they don't know where to go or how to deal with it.

>> the first step might be to check out the book. "newtown an american tragedy." thank you. >> i sat down with some of the family members and that is later this week. we'll be right back.

have some thoughts about the show, share them with me. we will consider your thoughts and try to incorporate them the next day. even your pitches sometimes make it on. i'm megyn kelly, everybody. this is the kelly file. in a moment i'll be joined by the man who unveiled the proposal yesterday, congressman republic republican, paul ryan. but john boehner was asked about conservatives who have spoken out against the deal and this is his reaction. >> they're using our members and the american people for their own goals. this is ridiculous. listen, if you're for more deficit reduction, you're for this agreement. >> thep