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Healthcare Bill Part III; Obamacare
Topic Started: Mar 3 2014, 02:20 PM (48,595 Views)
kbp

LTC8K6
Feb 24 2015, 04:45 PM
Vox is the worst of the worst lefty liberal mouthpieces...
Yeah, I hate going there to add to #1 Barry Butt Kisser's head count!
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kbp

http://spectator.org/print/61855

No, Mr. President, Obamacare Isn’t Working
Every news cycle brings more evidence that PPACA is a failure

By David Catron – 2.23.15

Last week, the White House took to Twitter for purposes of publicizing its latest Obamacare enrollment blarney. Far more informative than the tweet’s fictitious sign-up numbers was the schmaltzy video to which it was linked. Staged in the Oval Office, this one-act farce features a simpering HHS Secretary briefing our Thespian in Chief, who then delivers the following soliloquy: “The Affordable Care Act is working. It’s working better than we anticipated. It’s certainly working a lot better than many of the critics talked about early on.” In Obama’s 27-word script, “working” appears three times. The President doth protest too much, methinks.

But don’t take my word for it. Ask the folks who learned last Friday that Obama’s bureaucrats sent them erroneous tax information relating to PPACA. The Associated Press reports, “Officials said the government sent the wrong tax information to about 800,000 HealthCare.gov customers, and they’re asking those affected to delay filing their 2014 returns.” And, as with most government blunders, the price will be paid by those who can least afford it. Robert Pear points out in the New York Times, “[T]housands of lower-income Americans who qualified for subsidized insurance had hoped for tax refunds and now must wait for weeks to file their taxes.”

If the plight of these latest Obamacare victims fails to convince you that the President’s hammy Twitter performance is an exercise in Orwellian propaganda, perhaps you should have a conversation with one of the thousands who were unable to enroll in an insurance plan because Healthcare.gov is still infested with bugs: “In the final day leading up to Obamacare’s sign-up deadline, the website was once again hit with technical glitches that prevented people from signing up for health insurance.” Healthcare.gov was completely off line for five hours and plagued by intermittent software failures of various types for the remainder of the day.

Obama and his minions will, of course, rewrite PPACA’s tax and enrollment provisions in yet another attempt to contain the political damage wrought by the disastrous “reform” law. This is nothing new. It will merely be the latest of nearly 50 emergency revisions to which Obamacare has been subjected since it was signed into law. Prior to February’s pratfalls, according to a tally kept by the Galen Institute, “47 significant changes already have been made to the Patient Protection and Affordable Care Act: at least 28 that President Obama has made unilaterally, 17 that Congress has passed and the president has signed, and 2 by the Supreme Court.”

In fact, emergency repairs to Obamacare go all the way back to April of 2010, just a month after it was signed into law. But their number and frequency picked up significantly when the 2012 presidential election appeared on the horizon. This is when the Obama administration began making unilateral and legally dubious changes designed to ameliorate the pain PPACA was about to inflict on crucial voter blocs. To avoid angering seniors, for example, HHS issued “a reprieve from some of the most controversial cuts in President Obama’s health care law.” This “reprieve” deferred Obamacare’s cuts to the popular Medicare Advantage program.

It was during this period that the IRS revised its original interpretation of PPACA’s subsidy language, which provided for tax credits only through exchanges established by states. In May of 2012, after the White House realized that the structural incentives meant to induce all the states to create Obamacare “marketplaces” had failed to work, the IRS announced that subsidies would also be available through federally created exchanges. This “fix” removed an election year problem for the President, but it also led to King v. Burwell, the potentially lethal statutory challenge pursuant to which the Supreme Court will hear oral arguments next week.

Obama administration lawyers are, of course, defending the illegal IRS edict. But some provisions of Obamacare were so obviously unworkable that even the White House didn’t fight repeal. One of these was the CLASS Act. This boondoggle was put to rest in January of 2013 because Obamacare’s authors didn’t bother to fund it. Another unworkable PPACA provision that was repealed without a fight was the notorious “1099 mandate.” This would have forced businesses to track and report to the IRS all purchases over $600. It was repealed in a 2011 bill signed by a relieved President who didn’t want to defend it in his reelection campaign.

There are, of course, countless unworkable Obamacare provisions that have yet to be repealed due to Obama administration intransigence. One of the most obvious of these is the employer mandate, which is universally reviled by policy experts of all political persuasions. As I wrote in this space last year, even the left-leaning Urban Institute has called for its repeal in a report titled, “Why Not Just Eliminate the Employer Mandate?” Likewise, Obamacare-friendly policy wonks such as Professor Timothy Jost admit that the mandate’s 50-employee threshold has constrained job growth and forced some employers to “cut the hours of part-time employees.”

The complete list of such counterproductive provisions is far too lengthy to cover in a single column, but there are enough to guarantee that PPACA will never work. Yet, even as the news was breaking about the law’s latest failures, HHS Secretary Burwell published a column in USA Today in which she offers this all too predictable assurance: “The Affordable Care Act is working.” The public isn’t buying it. A recent AP survey shows that only 26 percent of adults support Obamacare. Why so few? Because, no matter how often the President, his bureaucrats, or the media tell us otherwise, it’s blindingly obvious that Obamacare just isn’t working.



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kbp

Quote:
 
http://www.theatlantic.com/politics/archive/2015/02/whos-afraid-of-a-health-care-ruling/385701/

Who's Afraid of a Health-Care Ruling?
A host of 2016 GOP contenders could have reason to worry if the Supreme Court moves to restrict Obamacare subsidies in June.

Theda Skocpol

[...]

At issue is a technicality of statutory interpretation with big human and economic consequences.

[...]
No Theda, the "technicality" your side is looking for ambiguity that creates enough excuse for the inability "of statutory interpretation" of plain text.

Recall Theda put together the damning study of the CBO data which she did not understand!

You have to love that the strategy of the left is now to pre-blame the right for not solving the problem created by the left.
Edited by kbp, Feb 24 2015, 05:31 PM.
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wingedwheel
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LTC8K6
Feb 24 2015, 04:45 PM
Vox is the worst of the worst lefty liberal mouthpieces...
That's saying a lot then because there are some pretty bad ones out there.
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LTC8K6
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Assistant to The Devil Himself
wingedwheel
Feb 24 2015, 09:18 PM
LTC8K6
Feb 24 2015, 04:45 PM
Vox is the worst of the worst lefty liberal mouthpieces...
That's saying a lot then because there are some pretty bad ones out there.
You gotta' hang out in bad places to truly know Vox.

Places like Mos Eisly Spaceport.
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LTC8K6
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Assistant to The Devil Himself
H&R Block reporting that more than half will have to repay Obamacare subsidies

Confirming Jackson Hewitt numbers...

http://twitchy.com/2015/02/24/hr-block-reporting-that-more-than-half-will-have-to-repay-obamacare-subsidies/

Also:

More than 4.5 MILLION Americans with Obamacare subsidies will have to pay back an average of $530 – and they're all poor or middle-class taxpayers

http://www.dailymail.co.uk/news/article-2967463/More-4-5-MILLION-Americans-Obamacare-subsidies-pay-average-530-poor-middle-class-taxpayers.html
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wingedwheel
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LTC8K6
Feb 24 2015, 10:27 PM
H&R Block reporting that more than half will have to repay Obamacare subsidies

Confirming Jackson Hewitt numbers...

http://twitchy.com/2015/02/24/hr-block-reporting-that-more-than-half-will-have-to-repay-obamacare-subsidies/

Also:

More than 4.5 MILLION Americans with Obamacare subsidies will have to pay back an average of $530 – and they're all poor or middle-class taxpayers

http://www.dailymail.co.uk/news/article-2967463/More-4-5-MILLION-Americans-Obamacare-subsidies-pay-average-530-poor-middle-class-taxpayers.html
0bama will probably write a executive order saying they don't have to pay.
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kbp

wingedwheel
Feb 24 2015, 10:43 PM
LTC8K6
Feb 24 2015, 10:27 PM
H&R Block reporting that more than half will have to repay Obamacare subsidies

Confirming Jackson Hewitt numbers...

http://twitchy.com/2015/02/24/hr-block-reporting-that-more-than-half-will-have-to-repay-obamacare-subsidies/

Also:

More than 4.5 MILLION Americans with Obamacare subsidies will have to pay back an average of $530 – and they're all poor or middle-class taxpayers

http://www.dailymail.co.uk/news/article-2967463/More-4-5-MILLION-Americans-Obamacare-subsidies-pay-average-530-poor-middle-class-taxpayers.html
0bama will probably write a executive order saying they don't have to pay.
Tax revenue law must be introduced through the House... never mind!
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kbp

Quote:
 
http://www.wsj.com/articles/phil-gramm-a-simple-cure-for-obamacare-freedom-1424733998

A Simple Cure for ObamaCare: Freedom
The GOP needs a politically defensible alternative if the Supreme Court overturns federal-exchange subsidies


On March 4 the Supreme Court will hear oral arguments in King v. Burwell, with a decision expected in late June. If the court strikes down the payment of government subsidies to those who bought health insurance on the federal exchange, Republicans will at last have a real opportunity to amend ObamaCare. Doing so, however, will be politically perilous.

The language of the Affordable Care Act states that subsidies should only be paid through state exchanges. The bill’s authors perhaps believed that pressure from citizens and the health-care providers who would benefit would entice states to set up exchanges. But, faced with mounting technical problems in setting up the exchanges, the Obama administration decided—legally or illegally—to allow subsidies to be paid through a federally run exchange. Therefore, political pressure that might have convinced states to set up exchanges never developed.

The political pressures to set up state exchanges if federal subsidies are now struck down will be enormous. The Kaiser Family Foundation used Congressional Budget Office data to estimate that 13 million people will receive subsidies in 2016 through the federal exchange. If the Supreme Court strikes down these subsidies, 13 million people would lose an average of $4,700 a year, and health-care providers would certainly fight to protect some $60 billion a year in subsidies.

The president’s most likely response to an adverse court decision would be to refuse to work with Congress to fix ObamaCare. Instead he will likely mount an effort to force the 37 states now using the federal exchange to set up state exchanges to qualify for the subsidies. His administration could make it easy for states to continue to use the federal exchange while nominally taking ownership through a shell state entity. Ten states already have some form of partnership with the federal exchange.
[This is not clearly legal. It crosses the line limiting WHO establishes and operates the exchange. Not sure why it was recommended here.]

Absent a strong Republican alternative, the president’s strategy would unleash powerful political pressure on Republican governors and legislators and force them to establish state exchanges. Such a result would saddle Republicans with a partial ownership of ObamaCare, alienating their political base and producing substantial fallout in the 2016 elections. [This solution is to please less than 2% of the US population. Why is it necessary?]

Republicans need a strategy that is easy to understand, broadly popular and difficult to oppose. It must unite Republicans and divide congressional Democrats, while empowering Republican governors and legislators to resist administration pressure. I believe that strategy is what I would call “the freedom option.” Every American should have the right to decide not to participate in ObamaCare: If you like ObamaCare and its subsidies, you can keep it. If you don’t, you are free to buy the health insurance that fits your needs.

The freedom option would fulfill the commitment the president made over and over again about ObamaCare: If you like your health insurance you can keep it. If Republicans crafted a simple bill that guarantees the right of individuals and businesses to opt out of ObamaCare, buy the health insurance they choose from any willing seller (with risk pools completely separate from ObamaCare), millions of Americans would rejoice and exercise this freedom. Such a proposal would be easy for Republicans to articulate and defend. And it would be very difficult for Democrats to attack.

Of all potential Republican proposals, the freedom option seems the most likely to garner the six Democratic votes in the Senate needed to break a filibuster, pass the bill and put it on the president’s desk. If the freedom option were combined with a provision that allowed federal-exchange subsidies or state actions setting up state exchanges, existing providers and recipients of subsidies would not be threatened.

The opposition would come solely from those who understand that ObamaCare is built on coercion—and that unless young, healthy Americans are forced into the program to be exploited with above-market insurance rates, the subsidies will prove unaffordable. That will be an exceedingly difficult case to make to the public.

By extinguishing coercion, the freedom option would put ObamaCare on the path to extinction. Without the ability to exploit the young and healthy, the Affordable Care Act will collapse under its own funding weight, all but guaranteeing a 2017 revision of the entire law.

Whether in large states like Florida and Texas—with 2.5 million and 1.7 million people receiving subsidies through the federal exchange, respectively—or in small states like North Dakota and Iowa—with 26,000 and 70,000 recipients—Republican governors should have the political high ground in demanding that their citizens be given the right to opt out of ObamaCare.

Restoring this freedom would be what Republicans demand for setting up state exchanges or supporting the restoration of federal-exchange subsidies. Public opinion would strongly favor the Republican position and put pressure on the Obama administration to relent.

Adopting the freedom option will require a level of discipline that Republicans have yet to show in this Congress. It is imperative that the message not be muddled with other amendments that Democrats and Mr. Obama could use as an excuse for opposing it. The leadership that will be required in this effort will test the courage of a Republican congressional majority and Republican governors across the country; victory will require a determination to govern. The alternative will almost certainly be a long or a short path to capitulation.

Mr. Gramm, a former Republican senator from Texas, is a visiting scholar at the American Enterprise Institute.

...13 million people would lose an average of $4,700 a year, and health-care providers would certainly fight to protect some $60 billion a year in subsidies
(The CBO estimate used here is worthless!)

The problem we face is the economic damage that results from Obamacare... the tax increases, regulations, increased spending, private sector costs...

This solution would eventually kill Obamacare with the mandate gone, but that is just pushing the problem down the road with a bandage and then we'll next be debating on how to solve that problem... which the GOP would then own.

This is a RINO solution full of FREE MONEY spending.

From the RINO Rules Longstop posted in another thread:

  • 6. Me Too
    Originating in the 1930's, a term that tells the listener the RINO in question agrees with Democrats on issues with only moderating differences. As in when a Democrat says, "I believe in federal funding and involvement in education" the RINO responds, "Me too. But there is another way to manage this better." The political intent is to show that the RINO is socially acceptable and not an extremist, in other words, not a conservative. Their argument is that they are better managers of government than liberals, but ultimately both end up at the same place. The “me too” RINO just takes longer to arrive at the liberal destination and doesn’t stop the damage to our economy, society, or nation from a bloated all-powerful central government.

.
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kbp

http://www.forbes.com/sites/jeffreydorfman/2014/06/24/what-the-supreme-courts-greenhouse-gas-ruling-should-mean-for-obamacare/

What The Supreme Court's Greenhouse Gas Ruling Should Mean For Obamacare

The Supreme Court yesterday issued its decision in Utility Air Regulatory Group v. EPA, a case concerning the U.S. Environmental Protection Agency’s authority to regulate greenhouse gas emissions, especially carbon dioxide. The ruling is highly technical and somewhat narrow as evidenced by the fact that both side are claiming a victory. However, I believe that the court’s ruling may have a far more important result than most people realize. Utility Air Regulatory Group v. EPA may have just gutted the Affordable Care Act.

Let me quote three sentences from Justice Scalia’s decision:

  • “The power of exe­cuting the laws necessarily includes both authority and responsibility to resolve some questions left open by Con­gress that arise during the law’s administration. But it does not include a power to revise clear statutory terms that turn out not to work in practice.” (p26 of the Syllabus)

    “An agency has no power to ‘tailor’ legislation to bureaucratic policy goals by rewriting unambiguous statutory terms,” (p24 of the Syllabus).
Part of the Affordable Care Act provides for subsidies to those purchasing insurance through State exchanges subject to income-based eligibility rules. There are currently multiple lawsuits working their way toward the Supreme Court over the legality of the Obama administration’s decisions to extend those statutorily created subsidies to the federal exchanges that provide access to coverage in states that chose not to set up their own exchanges.

These cases make the simple point that the statute limited subsidies to State exchanges. The Obama administration claims that Congress assumed every state would set up its own exchange, but it turned out that only about half the states did. Because trying to bribe states into cooperating with the implementation of Obamacare did not work, the Obama administration simply reinterpreted the statute because otherwise it would not work in practice. This seems to be exactly what the Supreme Court said is impermissible.

In Halbig v. Sebelius, the U.S. District Court for the District of Columbia has already ruled against the plaintiffs in one such suit, with the judge determining that extending the subsidies is a reasonable way to reach the policy goals of the statute. However, this new ruling on greenhouse gas emissions would seem to be tailor made for the anti-Obamacare cases focusing on the subisidies offered on the federal exchange (the infamous healthcare.gov).

The myriad changes made to Obamacare would seem ripe for a challenge that quoted the exact language above from the ruling on the EPA’s power to regulate greenhouse gasses. Michael Cannon has made the same point in regards to the Appeals Court ruling on Halbig v. Sebelius here. According to the Galen Institute, the Obama administration has made twenty-three significant changes to the Affordable Care Act without legislative approval by Congress. The Obama administration has been clear that these changes were made in order to help achieve the goals of health care reform. Yet, it appears that is not a constitutionally acceptable action to take.

If the administration cannot ignore the language of a law just because it will not work as written, the administration is in big trouble on Obamacare. An enormous amount of the regulations written to implement the Affordable Care Act appear to ignore or reverse parts of the original Act. The Obama administration has been arguing that it is following the intent of the law and lower court rulings have come down on both sides so far on the constitutionality of these extra-statutory actions.

[...]
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kbp

http://thehill.com/policy/healthcare/233459-governors-lobbying-congress-for-obamacare-scotus-fix
Republican governors lobby Congress for ObamaCare fix
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kbp

kbp
Feb 25 2015, 06:55 AM
wingedwheel
Feb 24 2015, 10:43 PM
LTC8K6
Feb 24 2015, 10:27 PM
H&R Block reporting that more than half will have to repay Obamacare subsidies

Confirming Jackson Hewitt numbers...

http://twitchy.com/2015/02/24/hr-block-reporting-that-more-than-half-will-have-to-repay-obamacare-subsidies/

Also:

More than 4.5 MILLION Americans with Obamacare subsidies will have to pay back an average of $530 – and they're all poor or middle-class taxpayers

http://www.dailymail.co.uk/news/article-2967463/More-4-5-MILLION-Americans-Obamacare-subsidies-pay-average-530-poor-middle-class-taxpayers.html
0bama will probably write a executive order saying they don't have to pay.
Tax revenue law must be introduced through the House... never mind!
From DailyMail:

  • ...'The level of payback of the Advance Premium Tax Credit is significant in that it's costing taxpayers a large percentage of their refund – a refund many of them count on to pay household expenses,' H&R Block health care and tax services vice president Mark Ciaramitaro said Tuesday

  • ...'The average tax refund for these taxpayers was almost $3,100 but it was reduced by $530 due to the tax credit reconciliation process.'
The federal government redistributes wealth through the Earned Income Tax Credit (IIRC). Now they have decided how you'll spend it... on Obamacare!!

I suspect this will be a BIG deal. It will be close to half of the final head count for enrollees by the end of this year. This is a group that can't afford the out-of-pocket and are exempt from the mandate tax. Why should they stick with it?

I have quite a few renters that get behind just before Christmas and catch up with their tax return (FREE MONEY) in about February every year, like clockwork. They count on that FREE MONEY in their holiday budgets.

This will hurt the HHS head count, but no problem, they will not accurately report the number of no-pays dropping out.
.
Edited by kbp, Feb 25 2015, 08:52 AM.
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kbp

Quote:
 
http://www.nytimes.com/2015/02/25/us/congress-is-told-administration-has-no-remedy-for-a-ruling-against-health-law.html

Congress Is Told Ruling Against Health Law Would Impact Poor

The Obama administration told Congress on Tuesday that it had no plans to help low- and moderate-income people if the Supreme Court ruled against the administration and cut off health insurance subsidies for millions of Americans.

Sylvia Mathews Burwell, the secretary of health and human services, said a court decision against the administration would do “massive damage” that could not be undone by executive action.

Her statement, in a letter to Congress, puts pressure on the court to rule in favor of the administration. The implicit message is that the White House has no contingency plans, so if the court strikes down subsidies, the justices will be responsible for causing hardship to lower-income people and chaos in insurance markets around the country.

[...]
She is holding a pair of deuces!

...“massive damage” that could not be undone by executive action.

It was "executive action" that created the problem!
.
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kbp

“We know of no administrative actions that could, and therefore we have no plans that would, undo the massive damage to our health care system that would be caused by an adverse decision.”
Sylvia Mathews Burwell, Secretary of HHS


They played their cards using the IRS. The States had no good reason to establish an exchange.

It's possible they might have had some luck using the card the first year and revising it soon after when they knew this would come before the courts. With all the EO's throwing money out there, they might have been able to resolve this better.

The amazingly ironic issue is that if the ruling puts the tax credits back on the table as an incentive for States to establish an exchange, there is NO MONEY left to help the States do such. The administration improperly shifted all those funds over to pay for the federal exchange because the States did NOT have any incentive to use it as it was appropriated for.

Too bad...
.
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kbp

"...without tax subsidies, healthy individuals would be far less likely to purchase health insurance, leaving a disproportionate number of sick individuals in the individual insurance market, which would raise the costs for everyone else.”
Sylvia Mathews Burwell, Secretary of HHS


...tax subsidies ...healthy individuals ...disproportionate number of sick ...raise the costs for everyone else

Charting quite a bit of redistribution there. Taxes from various "others" carry the heaviest load of the lower income > Healthy people mandated to redistribute health costs within the "pool" >The poor having to pay some portion of a premium to help others >Fed assuring profits for the insurers.
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