Tag Archives: Obamacare exchanges

OBAMACARE was Deliberately Designed to Fail

Is the ineptitude of ObamaCare authors and directors really a function of good old-fashioned government incompetence? Or is a widely ignorant American public being taken in by precisely what members of the radical left WANT to be brought about by the Affordable Care Act? Could the daily disasters–the suspended employer mandate, “honor system” reporting of income, previously unannounced taxes, doctors refusing to treat ObamaCare policy holders, the ludicrous Healthcare.gov website, the baldfaced lies about keeping your insurance and your doctors–could these extraordinary failures actually mean that the rollout of the ACA is proceeding exactly according to plan?

“Obamacare is the last step towards universal health care and a single-payer government system.” (1) Acquisition of total control over 1/6 of the American economy along with the absolute power of life and death over the American public–such have been the dreams of left wing politicians for a century. But the direct approach, that of commandeering authority over the healthcare industry has consistently failed thanks to a suspicious, recalcitrant public and the massive complexity of the task. Ask Hillary Clinton.

But thanks to a Regime willing to lie shamelessly to the public on each and every day, many roadblocks have been successfully navigated. The “Affordable Care Act” through which the uninsured and previously uninsurable are told they can at last obtain healthcare, has been sold as a Godsend, the only means by which victims of industry greed can secure life-saving service. The ACA has ostensibly incorporated the expertise of insurance companies, doctors, hospitals and healthcare providers across the nation, not threatening to rule or replace them, but to encourage each to do what they do best, all for the benefit of the American people. 

Throughout the system, ObamaCare supporters claim to be depending upon rather than assaulting these institutions. ObamaCare minions will suggest they are on the outside looking in as the best and brightest of private enterprise carry the ball. Competition is reducing premiums, states are setting up and running their own ObamaCare exchanges, the federal government intruding only reluctantly in states unwilling to provide care for their inhabitants.

Indeed, the Obama Regime and its ObamaCare authors did little more than create mere guidelines. The private sector will make it all work.

This of course is utter nonsense. The authors of ObamaCare deliberately manufactured the most complex system imaginable. They have included thousands of pages of mandates and regulations, all designed to drown insurers in a sea of government red tape and all for the purpose of making profitability impossible. The failed Healthcare.gov website has made it more difficult for the young and healthy–the very group upon which insurers were told to depend for balancing losses incurred thanks to the forced scrapping of medical underwriting–to sign up for ObamaCare, even if for some obscure reason they might want to!

The penalty for a healthy 20 year old NOT purchasing an ObamaCare policy–$95 or 1% of yearly income. And this can ONLY be collected by the IRS withholding the penalty from an income tax refund. The IRS is NOT permitted the use of leans, threats or additional interest added to the original amount. No jail time may be incurred. In short, few if any of this “healthy” group, so vitally important to the eventual profitability of insurers, is likely to obtain insurance until they should absolutely NEED it. That, of course, will put them squarely in a class with the rest of those with pre-existing conditions.

The radical left want to introduce single payer, government run health insurance into the US. In order to do so, the Affordable Care Act must destroy the health insurance industry in the United States, itself going up in flames along with the insurance companies and healthcare providers it takes along with it. At this point–in 18 to 24 months–Barack will ride to the rescue of the American people as he claims his Regime did not want to do it, but is now forced to institute a single payer system so as to save the sick and infirm along with the remainder of an ObamaCare system destroyed by Republican interference and industry greed.

Perhaps even more disgusting than Barack the Liar will be Republicans who have said and done nothing to prevent this massive, additional theft of our liberty.

Thanks again, Justice Roberts.

Sources:

(1) http://www.americanthinker.com/2013/11/obamacare_designed_for_failure.html

Further reading:

http://www.forbes.com/sites/mikepatton/2013/10/28/obamacare-penalties-and-exemptions/

http://www.forbes.com/sites/beltway/2013/11/07/how-big-is-the-penalty-if-you-dont-get-health-insurance/

Courts give green light to lawsuits which could finish ObamaCare

In finding the Affordable Care Act (ACA) constitutional, 5 justices of the Supreme Court literally ignored the statutory language of the law and the wishes of Congress. In fact, Chief Justice Roberts rewrote portions of the Act in order to bring its substance into line with his own politically motivated preferences.

In May, the IRS also ignored the will of Congress as expressed in the ACA. The law specifically states that subsidies and tax credits provided to certain ObamaCare enrollees may be awarded ONLY by “a governmental agency or nonprofit entity [ObamaCare exchange] that is established by a state.”(My emphasis) But this would prevent subsidies being awarded in the 33 states which have refused to build an ObamaCare exchange. Such a setback would effectively ruin the Affordable Care Act. (1)

So the IRS decided to rescue its master’s namesake healthcare plan by presenting ObamaCare enrollees with $800 million worth of subsidies and tax credits even in states which have not built an exchange. After all, defenders of ObamaCare maintain that the whole affair simply represents  “…a minor drafting error [in the law] that courts will and should overlook.” (1)

But not everyone agrees that the IRS may legally assume the lawmaking powers of Congress. In 2012, Oklahoma Attorney General Scott Pruitt filed an amended suit, claiming the IRS had no right to pass out subsidies contrary to the will of legislators. And as subsidies are not permitted in states with federally built exchanges, neither are the penalties–or taxes–which the law imposes for noncompliance. In short, both the individual and employer mandates must be nullified.

In August, an Oklahoma district court ruled that 3 counts of Pruitt v Sebelius may go forward. And as these represent the principal arguments of the action, should any of the 3 receive a favorable ruling the status of ObamaCare exchanges will be placed in significant peril.

On October 22, a federal judge ruled that Halbig v Sebelius–a suit whose content effectively mirrors that of Pruitt–may proceed. DC District Judge Paul Freidman “…rejected several Justice Department arguments on why the legal challenge should be tossed out of court.” (2)

The existence of two lawsuits demanding the IRS follow the law rather than a political agenda gives opponents of ObamaCare 2 chances of upending the Affordable Care Act. Should an effective split decision occur, the Supreme Court would almost definitely hear the surviving case in its upcoming term.

Some 100 lawsuits filed against one or another facet of the Affordable Care Act are still making their way through the courts. Of the major, “Act-ending” actions, Pruitt and Halbig probably represent the best hope of destroying ObamaCare as it now exists. As usual, we can only hope that an honest judge interested in maintaining the rule of law will make the ultimate ruling. If one can be found, ObamaCare’s days may be numbered.

Sources:

(1) http://www.nationalreview.com/articles/334887/oklahoma-versus-obamacare-jillian-kay-melchior
 

(2) http://www.healthcarelawsuits.org/blog/#sthash.r3h33YcC.dpuf

 
Additional reading:

http://obamacare.net/testimony-the-illegal-irs-rule/

http://www.washingtonpost.com/opinions/michael-gerson-the-irs-has-an-unwelcome-role-in-obamacare/2013/05/23/b4e10550-c3df-11e2-8c3b-0b5e9247e8ca_story.html

http://www.cato.org/sites/cato.org/files/articles/cannon-adler-health-matrix-23.pdf

http://www.forbes.com/sites/theapothecary/2013/09/13/will-the-courts-derail-obamacare/
             

Barack ignores law, exempts Congress from ObamaCare

by Doug Book,  editor

For months, DC Congressmen and their aides have suffered greivous angst at the thought of being subjected to the same ObamaCare legislation that elite body has imposed on the rest of us.

In June, Coach is Right wrote:

Thanks to an amendment to the Affordable Care Act, members of the political ruling class and their congressional staff will soon join with the little people in suffering the financial distress promised in a 2,700 page law read and understood by very few within the beltway. And the DC elite do not like it one bit. 

Before ObamaCare was rammed through the Senate via reconciliation, Senator Charles Grassley made certain that members of congress and their staff would have to obtain health insurance by enrolling in ObamaCare exchanges just like everyone else. After all, “…if Congress was going to impose Obamacare upon the country, it should have to experience what it is imposing firsthand.”

 So here we are, nearly 4 years later and for months lawmakers have been working to gingerly rescind that portion of the ACA which would put their premiums on a par with those to be experienced by the common clay.

At least that was the plan until a Harry Reid spokesman ostensibly put the issue to rest with:

“There are not now, have never been, nor will there ever be any discussions about exempting members of Congress or Congressional staff from Affordable Care Act provisions that apply to any employees of any other public or private employer offering health care…”

It seems Republicans had publicized the efforts of their repeal-minded friends across the aisle and news of the scheme was NOT received kindly by the American public.

Well DC politicians are not used to playing an honest game. As a result, “dozens of lawmakers and aides are so afraid that their health insurance premiums will skyrocket next year thanks to Obamacare that they are thinking about retiring early or just quitting.”

Of course, the loss of inside-the-beltway talent is far more serious than the consequences of average people quitting or losing average jobs.

So don’t be surprised to find that some one, some entity, some bureaucracy outside the immediate purview of congress should ride to the rescue of our mistreated lawmakers. After all, if they have to live like commoners, why run for the job?  (1)

Well that is just what happened last week as “the Office of Personnel Management, under heavy pressure from Capitol Hill, [issued] a ruling that says the government can continue to make a contribution to the health care premiums of members of Congress and their aides…” (2) In short, members of the DC political establishment will still be able to choose the most expensive healthcare plans available and taxpayers will still pick up 75% of the tab.

So Congress is officially exempt from the Affordable Care Act thanks to a deal worked out by–that’s right–Barack Hussein Obama. (3)

Sort of warms the cockles of your heart knowing that the political ruling class won’t be inconvenienced, doesn’t it!

Sources:

(1) http://www.coachisright.com/dc-lawmakers-worried-that-they-might-have-to-live-like-the-rest-of-us/

(2) http://hotair.com/archives/2013/08/02/obama-throws-capitol-hill-a-helping-hand/

(3) http://www.inquisitr.com/884086/obamacare-congress-exempt-from-affordable-care-act/

Will Republicans continue to sanction the lawlessness of Barack Obama?

by Doug Book,  editor

Last Tuesday, Barack Obama decided that enforcement of the employer mandate, one of the key provisions of his namesake ObamaCare legislation, would be delayed for one full year, until January of 2015. Three days later, a couple of reporters discovered in a 600 page document dump that anyone enrolling at an ObamaCare exchange would be permitted to provide personal information according to the “honor system.” No verification of income, employment or current availability of health insurance would be necessary. Apparently Barack had acquired a profound faith in the American people completely unknown to any of his far-left associates.

The media is portraying these “sudden” acknowledgements of the unworkability of the Affordable Care Act as a simple show of kindness and thoughtful consideration on the part of their White House hero. Barack was giving big business a break with his surprise delay of an employer mandate which would have levied heavy fines on any company which had not insured its workforce. The complexity of ObamaCare and its monthly reporting demands were just too much for the likes of U.S.Steel and Exxon Mobil to digest over only a three year period!

And quite by coincidence, without the mandatory monthly employee reports which ObamaCare had demanded the nations’ employers provide via the employer mandate, information necessary to the proper enrollment of individuals into the Affordable Care Act would just not be available. No way to verify income, employment or whether John Doe and his family had healthcare coverage at work.

Anyone skeptical of the intentions of a Democrat Party which had to pass ObamaCare into law before interested folks could find out what was in it, might suggest that much if not all of this had been planned for months. What exactly has the president done?

1.) He has ignored provisions of a law which he and fellow Democrats were eager to pass.
2.) He has re-written the law, something which is surely the job of Congress.
3.) He has aided and abetted outright fraud, making it impossible to verify information prior to the awarding of subsidies to ObamaCare enrollees.
4.) He has cost the treasury $13 billion, the estimated amount employers would have been fined under the employer mandate.

And why would Obama do these things?

The only way to make certain the Affordable Care Act won’t be defunded or repealed is to create a large number of subsidized, ObamaCare dependents. What better way to accomplish this end than to make it clear that anything said by an ObamaCare applicant will be presumed to be true. Those not legally qualified for subsidized coverage will suddenly qualify with a large, taxpayer funded subsidy, thanks to their newly acquired ability to understate income. How many billions will this cost taxpayers? What does it matter! It is only important than a sufficient number of the poor and sickly apply for coverage–that is, a number sufficient to intimidate Republicans out of defunding ObamaCare!

Thus far, Republicans have NOT charged Obama with facilitating fraud. They have NOT demanded he enforce the law. They have NOT demanded he explain under what constitutional authority he has re-written the law (for his own political purpose and advantage.) They have NOT demanded he postpone the individual mandate just as he has the employer mandate. And they have NOT demanded that he and the rest of the Democrat left scrap the increasingly unworkable ObamaCare fiasco.

Republicans MUST maintain control of the House in the 2014 election. Right now, theirs is a Party doing everything in its power to lose.

Americans can stop ObamaCare by targeting its Achilles Heel

by Doug Book,  editor

ObamaCare Exchanges, the online marketplaces for health care in the states, are due to begin enrolling applicants on October 1st of 2013. It’s a date which should begin a most satisfying period in the lives of those who feel for Barack Obama the same overarching contempt he harbours for us. For neither Regime apologists nor media lackeys will be able to prevent the American public witnessing first hand the stunning train wreck that is the Affordable Care Act.

Exchanges are the lifeblood of Obama’s namesake healthcare plan. In each state, it will be the job of an online exchange to enroll applicants, offer comparison shopping for plans, dole out subsidies and tax credits and impose penalties. According to the Department of Health and Human Services (HHS) “exchanges will make it easier for consumers to compare plans on the basis of price, quality, and benefits.”  (1) In fact, without these 1 stop shopping centers, the Affordable Care Act cannot function. And as of right now, that means the Affordable Care Act will not function, for of the 17 states which agreed to create an exchange, not one is in position to get their ObamaCare marketplace up, running and communicating with the federal, ObamaCare Hub.

And what of the 33 states which refused to pay the estimated $30-$100 million tab to create one of Barack Obama’s IRS/HHS managed exchanges? It is the federal government itself which is tasked with building and running these. According to the Government Accountability Office, not only have several deadlines been missed already, the feds are woefully behind on others that involve “…consumer eligibility for federal subsidies, the certification of health plans to be sold on the exchanges and the hiring and training of special “navigators” to guide people through the enrollment process.” (2)               
 
But missed deadlines, increasing costs and state-run computers which cannot be made to communicate with the federal, ObamaCare Hub qualify only as minor problems.  Insurers both large and small have taken a “wait and see” approach thanks to the endless, regulatory maze of the Affordable Care Act. It seems that, unlike the authors of the Act, insurance companies believe profit to be a good thing and tend to shy away when hidden pitfalls and ill-defined mandates become standard fare. 

Aetna, Cigna and UnitedHealth–three of the nation’s largest insurers–have dropped out of the California exchange system, Covered California. And each has said it will limit participation throughout the rest of the country with UnitedHealthcare, the nation’s largest insurer, participating in 10 or fewer states. (3) Incredibly, the employer mandate, cancelled suddenly by Barack Obama this week, was to feature only ONE choice of insurers for companies with 50 or more employees! So much for the president’s claims of lower prices thanks to “managed” competition.

It is through its exchanges that the Affordable Care Act threatens the liberty of the American people. But Congress allocated no money in the Act with which the federal government can create exchanges in the 33 states which have refused to build their own. This is why HHS head Kathleen Sebelius has taken to extorting funds from the nation’s insurance providers, a scheme which Congress is investigating right now. And the IRS literally and illegally RE-WROTE the Act this year, claiming the federal government is permitted to provide ObamaCare subsidies and tax credits, a privilege Congress had clearly reserved in the law only for the states. The issue is currently in court.

But the American people can drive a final stake through the heart of Barack Obama’s assault on freedom by simply refusing to sign up when the October 13th open enrollment period begins. Twila Brase of the Citizen’s Council for Health Freedom writes, “If you oppose Obamacare–49% of the public does–the Exchanges provide an opportunity. If not enough people enroll, the Exchanges will fail. If the Exchanges fail, Obamacare fails. Defend your freedom by refusing to enroll.” (4)

It is NOT illegal and no penalties will be assessed for refusal to enroll in ObamaCare. The law only demands that Americans be insured, not that their insurance be purchased through the Affordable Care Act. And plenty of opportunity will exist to purchase insurance outside of an ObamaCare exchange.

The exchange blunder will be plain for all ObamaCare opponents to see (and celebrate) this year. But don’t look for the beast to die on its own. Help starve it to death by refusing to enroll.

Sources:

(1) http://www.freedomworks.org/blog/christopherboden/the-fallacy-of-the-obamacare-exchange-system-calif
(2) http://www.reuters.com/article/2013/06/19/us-usa-healthcare-exchanges-idUSBRE95I0YC20130619
(3) http://www.unionleader.com/article/20130613/OPINION02/130619556

(4) http://www.cchfreedom.org/files/files/r2e.pdf