The law of the land – ACA?

One day after the President  illegally seized the power to change  ObamaCare,  In the non-enforcement of the individual mandate to those folks who had coverage they liked and it got canceled,  the Congress has acted to grant legal power to do that to the President.  He in turn promised to veto the legislation.  The president wants to stop you from being angry at him for all these cancellations caused by ObamaCare,  because you have substandard junk policies that you like.  You haven’t yet gotten what he wants you to have. So the President  is tired taking heat from  people are unhappy about their choice be taken from them, unhappy about the rising premiums,  unhappy about having to choose what the bureaucrats say is health insurance rather than what our family wants as health insurance.

Obama wants somebody else to take the heat. So yesterday he told the insurance companies to rollback the time.  He told them it’s ok to reinstate the canceled policies. Even most Democrats interviewed were mumbling under their breath that Obama has no authority to do so.  He met with the CEO’s of insurance companies, and by the way, some CEO’s have been replaced during the past week at health insurance companies because of the reaction in many of these companies that this is simply not possible. It isn’t good, it will screw up all of their computer programs  that they have spent millions to adapt to the ACA already,  All of the calculations on risk and risk pool and people to be in them  are all the assumptions that have to be thrown out the window if this reversal is to happen.

Congress (you know the one that the left has been saying has tried more than 44 times to derail Obamacare) followed up with a bill that says not only will the ACA law be  changed to allow one year for the already canceled policies to be still in effect, but also included a provision that if you want to buy a policy of your choice you can still do that. It passed the House 261 to 157.

So how sincere was he  the other day about wanting to do something about these cancel policies anyway?  261 to 157  with the most remarkable part about this being 39 members of the Democratic Party in the House under the leadership of Nancy Pelosi (you know that distinguished Congresswoman with  a longtime record of commitment to our country from the great Bay area of the great state of California.)

This is the biggest failed program civilian program in the history of this country. With that in mind what will happen next.  Let’s  emphasize one point and that is the president the other day announced  he will allow insurance companies to renew policies that were  in force as of October 1, 2013 for an additional year even if they fail to meet the requirements of his own law. He had no legal basis for the announcement,  they cited a Supreme Court case from 25 years ago that had to do with the  lethal injection in a death sentence.  I suppose a  lethal injection in a death sentence  applies to ObamaCare now.  So what the administration is now saying is we are not changing the law, we are  just not enforcing it.

Something this administration has taken to dizzying unconstitutional heights. Sorry that’s not legal either, and even if the state commissioners from the 50 states (or 57 if you’re counting Obama style), even if they approve the plans, there will still be individuals  whose policies will be illegal under federal law.  So if insurance company denies payment, under one of those policies for something that isn’t covered under the policy,  but it would’ve been covered under the ACA and the policyholder sues because they have an  illegal insurance policy, what is the insurance company going to do then.

The Louisiana Insurance Commissioner Joe Donnellan, is the president of the National Association of Insurance Commissioners. He says the NAIC members are concerned about the president’s announcement that the federal government would use its “enforcement discretion to delay enforcement of the ACA market reforms in 2014 for plans that are currently in effect.  This decision continues different rules for different policies, and threatens to  undermine a new market,  may lead to higher premiums and market disruptions in 2014 and beyond.  In addition,” he says “it’s unclear how as a practical matter the changes proposed today by the present can be put into effect.  In many states cancellation notices have already gone out to policyholder’s , rates and plans have already been approved for 2014 .  Changing the rules through administrative action at this late date breeds uncertainty and may not address the underlying issues.”

IT DESERVES TO BE SAID AGAIN: under ObamaCare only health insurance plans that meet the various requirements and be deemed to be “Qualified Health Plans” or QHP may be sold on exchanges to satisfy the minimum coverage requirement of the individual mandate.  This is spelled out  under section know to get a specific we can under section 300gg-6  “insurers are barred from offering any health insurance plan,  either an individual or small group markets, that does not include the essential health benefits package dictated under QHP.”  That’s the law!!! The president can say I’m not going to enforce it, but what are you going to say in a civil court when you’re the insurance company trying to defend the fact that you issued an illegal insurance policy.

IT DESERVES TO BE SAID AGAIN:  Obama has discussed with Harry Reid and they will not allow any bill to come up for a vote that will change any part of Obamacare.  Even if the bill gives the President the proper authority to do what he is doing illegally now.


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