| Healthcare Bill Part III; Obamacare | |
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| Tweet Topic Started: Mar 3 2014, 02:20 PM (48,660 Views) | |
| kbp | Jun 19 2014, 08:23 AM Post #676 |
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A 12 percent pay cut! This would be a taste of what single-payor would have for us. Recall they put together the largest tax increase (combined total of Obamacare) and decided they'd use "Medicare savings" to cover the shortage of funds needed to only have 30 million unisured if things all worked out as planned! Something about a promise of no deficit added. The "taste" is big government deciding for service providers how much they'll earn. The idea is it will eventually all work out after the service providers are trained to provide the 'one size fits all' programs for care. Of course the transition will be ugly, and we absolutely will read about deaths coming weeks or months sooner than should be anticipated, but that's okay ....they were all going to die some day anyway! ADD: The "networks" setup with providers that will accept the rates offered by Exchange plans will encounter a very similar transition. Edited by kbp, Jun 19 2014, 08:26 AM.
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| LTC8K6 | Jun 19 2014, 08:46 AM Post #677 |
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Assistant to The Devil Himself
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http://www.forbes.com/sites/scottgottlieb/2014/06/19/obama-health-official-the-obamacare-bailout-of-insurers-will-be-financed-by-a-new-tax-on-every-health-plan/ Obama Health Official: The Obamacare "Bailout" Of Insurers Will Be Financed By A New Tax On Everyone's Health Plan |
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| kbp | Jun 19 2014, 08:59 AM Post #678 |
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"The government that just lost two years of emails would like to handle your medical records from now on." Jon Gabriel |
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| kbp | Jun 19 2014, 09:50 AM Post #679 |
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We've discussed the complicated mystery of appropriations for the 3-R's here before. I'd determined it is impossible for me to figure out how they'd fund the 3-R's if the insurance companies used it as a tool to continue holding Exchange premiums down, and it looks like many are doing that. The HHS/CMS comes up with numbers that are difficult to trace, both the source of revenue and authority to use it as they please. The most confusing part of the scheme for me is that all numbers tossed out are based on a 10 year period. They mentioned $25 billion to cover the 3-R's, but the 10 year budget is for the 3-R's transition program that expires in 2016. That's like telling me you'll pay for the hamburger next Tuesday ....appropriations for coming years to pay for a cost due almost immediately. While the HHS/CMS (& IRS) has stretched their interpretation 6 degrees to cover throughout throughout the law, no reinterpretation makes tomorrows revenue available today. This is going to be an accountants nightmare. The unwritten laws changing the dates the mandates would be enforced adds to the uncertainty for the 3-R's. Barry was between a rack and a hard spot there. The Exchange pools needed the added enrollees to reduce the losses the 3-R's would cover, while at the same time enforcing the mandates would open the eyes of more voters as it hit them in the pocketbook. It looks like he chose to lessen the impact to a slow death and steal from tomorrow to pay for today. Cohen evidently is telling us that in coming years she'll use the authority "to impose additional “user fees” on all health insurers to cover the higher losses experienced by the Obamacare plans" the previous year(s). |
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| kbp | Jun 19 2014, 11:08 AM Post #680 |
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The courts are really our best hope... http://www.forbes.com/sites/michaelcannon/2014/06/19/modern-healthcares-take-on-halbig-v-sebelius-is-a-comedy-of-errors/ Modern Healthcare's Take On Halbig v. Sebelius Is A Comedy Of Errors Now that the plaintiffs in Halbig v. Sebelius have received a fair hearing from one and possibly two judges on a three-judge panel of the D.C. Circuit, observers are starting to contemplate the impact if that court and/or the Supreme Court were to rule that President Obama is violating the Patient Protection and Affordable Care Act by issuing subsidies and imposing mandate penalties in the 34 states with federally established health insurance Exchanges. (The PPACA clearly and repeatedly provides that those subsidies and the attendant penalties are authorized only “through an Exchange established by the State.”) The health care industry publication Modern Healthcare warns that a parade of horribles could follow a Halbig victory. Yet MH misidentifies the cause of any potential fallout, miscategorizes the legal arguments in Halbig, and perpetuates other inaccuracies. The comedy of errors begins with the rather glaring (and since corrected) mistake of describing the Constitutional Accountability Center as a plaintiff in Halbig. The organization is actually a leading critic of Halbig and similar lawsuits. A Drafting Error? MH reports, without substantiation, that the statutory language limiting subsidies to state-established Exchanges “is widely seen as a drafting error” and “a single mistake in drafting one sentence.” In fact, the relevant language is not a drafting error, nor is it widely seen as one. The PPACA clearly provides that Exchange subsidies are available only “through an Exchange established by the State.” Congress conditions subsidies and tax breaks on state action all the time, and other legislative proposals introduced by both Democrats and Republicans in 2009 also withheld subsidies to individuals in states that declined to establish Exchanges. The PPACA’s subsidy-eligibility rules use or refer to that restrictive phrase not once but nine times, never once using any other language to describe where subsidies are available. One appearance of the phrase was inserted by Senate Democrats just before final passage, to clarify where subsidies would (and would not) be available. Nor is the language “widely seen as a drafting error.” MH cites health law professor Timothy Jost as a leading expert on the PPACA (and critic of Halbig), and even he concedes the relevant language is no drafting error. Nor does the Obama administration call it a drafting error, for good reason: to do so is to admit that the statute forbids subsidies in federal Exchanges. The Obama administration’s argument in Halbig is literally that Congress both intended to use the language limiting subsidies to Exchanges “established by the State,” and intended the opposite of what that language clearly says. There’s good news and bad news here for those who hope this language was a drafting error. The bad news is, it is not a drafting error, and every time they say it is, they undermine the Obama administration’s case in court. The good news is, unlike the Obama administration, at least they know how to read. Subsidies In Every State? MH also reports, “At the time the law passed, nearly everyone including actuaries at the Congressional Budget Office assumed it would offer [Exchange] subsidies…in any state[.]” This is true, but misleading. First, it doesn’t matter what everyone assumed. The Constitution says a bill that (1) passes both chambers of Congress and (2) is signed by the president is the law. The Supreme Court has said that if the statute is clear, that’s the end of the story. Second, the fact that everyone assumed subsidies would be available in all states does not call into question the plain meaning of the statute. The assumption that subsidies would be available in all states is explained by another widespread assumption held by supporters and opponents of the PPACA alike: that all states would establish Exchanges. Third, in a letter to members of Congress the Congressional Budget Office said that while the agency assumed subsidies would be available in all states, it never did a legal analysis of the PPACA to determine whether they would be available in states with federal Exchanges. Fourth, the assumption that all states would establish Exchanges was so widespread that the question of whether subsidies would be available in federal Exchanges never came up. Well, almost never. In 2010, eleven House Democrats from Texas complained that the PPACA allowed states to block subsidies by refusing to establish an Exchange. Then they voted for it anyway. Legislative History When MH writes, “There is no evidence in the legislative history that the law’s drafters intended for the subsidies to be available only through state-run exchanges,” it ignores the most important part of the legislative history: the language of the statute, which in this case clearly indicates the drafters’ intent. When the statute is clear, it does not require corroboration from other parts of the legislative history. Nevertheless, the Texas Democrats’ letter corroborates the intent expressed in the statute. It shows members of Congress who voted for this law understood it not to offer subsidies in states with federal Exchanges. Numerous other proposals circulating in Congress at the same time, from both Republicans and Democrats, further corroborate the clear language of the statute. As I wrote in a round-up of pro-Halbig amicus briefs:
Misidentifying The Cause Of Post-Halbig Effects MH warns readers that if the Obama administration loses Halbig, it could no longer issue subsidies in the 34 states with federal Exchanges – unless it defies the courts, which it has threatened to do – and a parade of horribles would follow. But MH misidentifies the cause of those possible effects. “Wiping out those subsidies,” MH writes, “would create grave problems with the law’s insurance market reforms,” and “the viability of the entire individual insurance market across the country would be threatened. Hospitals and physicians could face millions of newly uninsured patients, triggering chaos in the healthcare industry.” Dogs and cats living together! “It seems like something that could only happen in a darkly satiric novel about Washington politics: A single mistake [sic] in drafting one sentence [sic] in a long and complicated law sinks the most important healthcare legislation in half a century.” We’ve already covered why the relevant statutory language isn’t a drafting error or just one phrase. But what would be the cause of any potential disruption? Not Halbig, as MH suggests. A ruling for the plaintiffs would not create problems with the PPACA’s insurance regulations; there are great problems in those regulations. The subsidies are an attempt to shift the burden of those problems to the taxpayers. A victory for Halbig would restore to the states a power that Congress granted them in the PPACA, and that 34 states have exercised: the power to prevent the costs of those regulations from being shifted to taxpayers. In other words, a Halbig victory would finally allow states to expose the full cost of the PPACA to insurers, consumers, and the health care industry. If making the PPACA’s costs transparent brings “chaos” or “sinks” the law, then the law deserves to be sunk. In Sum Aside from the errors that undergird to the article’s pro-government slant, MH commits others, like incorrectly transcribing a federal judge’s remarks and describing the Cato CATO +0.1% Institute as conservative (rather than libertarian). MH even indulges in unnecessary, almost partisan hyperbole (“opponents of the law are trying to drive an explosives-filled truck through that statutory hole”). If Modern Healthcare hopes to give its readers “information to make informed business decisions and lead their organizations to success,” it should focus on distinguishing between fact and spin, and between knowledgeable versus unknowledgeable sources. Edited by kbp, Jun 19 2014, 11:09 AM.
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| kbp | Jun 19 2014, 01:44 PM Post #681 |
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Spend today what you might get tomorrow... screw appropriations! There's a lot of unclear spending in this mess. Recall they started out trying to spend the "Medicare savings" twice to balance the numbers! |
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| LTC8K6 | Jun 20 2014, 06:56 AM Post #682 |
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Assistant to The Devil Himself
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An employee just received a letter from the Health Insurance Marketplace asking for documentation to prove their yearly household income in order to keep "your help paying for Marketplace health coverage."
Oddly written, that. It lists documents that can be sent to verify income. Pretty typical list, I'd say. However, on the last page, it also says to provide documents proving citizenship and identity... Strange...not sure why there would be any doubt about that, and I cannot remember any requests for such documentation during the entire enrollment process for everyone. |
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| kbp | Jun 20 2014, 06:59 AM Post #683 |
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...Of the eight million, about 85 percent, or 6.8 million, actually paid for coverage. Of those, about 87 percent, or 5.9 million, receive taxpayer-paid subsidies to help them pay. ...average subsidy recipient is paying a net cost of $82 a month It looks like the numbers are much better than I thought they'd be. I need to find the HHS "report released this week." The HHS rep's have been say for more than 6 months they simply do not have access to the numbers for who has paid, that must come from insurance co's. |
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| kbp | Jun 20 2014, 07:01 AM Post #684 |
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The program was supposed to be setup to verify the income through IRS records. Maybe the IRS lost the records in a crash! |
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| kbp | Jun 20 2014, 07:39 AM Post #685 |
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This is the only HHS report I could find that could have been "released this week." I've yet to read much of it, but footnote 2 grabbed my attention. This “Advance Premium Tax Credit” is new to me, or I just forgot about it. If I'm understanding it correctly, I can't imagine why an insurance company would demand it. Cleaning up the mess for those who do not pay their portion of the premium may then be a problem for the IRS. |
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| chatham | Jun 20 2014, 07:41 AM Post #686 |
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Maybe they are profiling him (her) becasue of their name? If the name dont fit, you must not quit….asking for citizenship evidence. |
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| kbp | Jun 20 2014, 07:48 AM Post #687 |
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I'd seen reports that they worked to manually check to verify income reported. My post on the program that was supposed to do it automatically was humor which assumed all here were aware of the program not doing what is was designed to do ...along with many other unfinished tasks we're paying extra to have staff handle! |
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| LTC8K6 | Jun 20 2014, 08:35 AM Post #688 |
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Assistant to The Devil Himself
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They have apparently sent out a million or more identical letters, save for the names. Our HQ received identical letters for employees there. |
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| kbp | Jun 20 2014, 09:41 AM Post #689 |
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The PDF linked a couple posts ago was the report "released this week." Here is the press release announcing it:
The low premium they're bragging about represents a higher cost in ALL healthcare premiums (cost redistribution) and a taxpayer cost for subsidies that will likely exceed the budget in place (exception for 14% that did not get subsidies). That's in addition to the UNappropriated funds it looks like we'll need to bailout the insurance company losses. Also, the healthcare costs are up approximately 49%* since Obamacare was enacted. We started out with the $2,500 savings to be brought about with the cost curve bending down and are now witnessing them claiming success attributed to a few million paying less because the balance of 320 million people with coverage are paying more in premiums and taxes to cover the higher premiums those few million do not have to pay. I'm still not finding reliable data on the count of those paying their share of the Exchange premiums. I did find a poll that said 40% are having difficulty paying it**. * Manhattan Institute http://www.manhattan-institute.org/html/miarticle.htm?id=10434#.U6RHZyi9VSU ** http://finance.yahoo.com/news/poll-many-still-struggle-pay-150036643.html |
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| LTC8K6 | Jun 20 2014, 10:41 AM Post #690 |
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Assistant to The Devil Himself
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The while thing reminds me of a movie scene: _________________________________________ Dole Office Clerk: Occupation? Comicus: Stand-up philosopher. Dole Office Clerk: What? Comicus: Stand-up philosopher. I coalesce the vapors of human experience into a viable and meaningful comprehension. Dole Office Clerk: Oh, a bullshit artist! Comicus: *Grumble*... Dole Office Clerk: Did you bullshit last week? Comicus: No. Dole Office Clerk: Did you *try* to bullshit last week? Comicus: Yes! |
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11:54 AM Jul 13