Great news: HHS adds 1,328,381 waivers to ObamaCare

posted at 1:36 pm on March 9, 2011 by Ed Morrissey

Well, give or take a few thousand; that’s as accurate as the 2010 Census data for Maine.  The entire state got itself a waiver from the core provisions of ObamaCare, which requires insurers to spend 80% of their premiums directly on provider care or offer rebates for the difference.  Maine requested and received a pass on the law so that insurers in the state could continue to operate at the 65% level:

Maine health insurers are getting a temporary waiver from the health reform law’s requirement that they spend at least 80 percent of premiums on care, federal regulators decided Tuesday. …

Specifically, HHS points out that three insurers make up the bulk of Maine’s individual insurance market: Anthem Blue Cross Blue Shield of Maine (49 percent), MEGA Life and Health Insurance Company (37 percent) and HPHC Insurance Company (13 percent). MEGA had told Maine during preliminary discussions that it “would probably need to withdraw from this market if the minimum loss ratio requirement were increased.”

Maine won’t be alone in the waiver business, either.  New Hampshire, Nebraska, and Kentucky all have applied for waivers, too.  Combined, that would add 3,912,691 waivers to the list — since exempting an entire state from the requirements means every resident gets a pass.

This prompts plenty of questions, chief among them the 80% figure itself.  How exactly did Congress arrive at that figure?  In the case of Maine, this is doubly ironic, because Maine has its own version of ObamaCare already, complete with a “public option,” DirigoChoice.  Maine already has universal-coverage mandates, level or “community pricing” for premiums, and bars on pre-existing coverage denials.  How did that work out in Maine?  Poorly.  The average monthly premium for a single male at 30 years of age in 2009 was $762, more than triple what it was in neighboring New Hampshire.  The promised “savings” from this universal program never materialized, and the DirigoChoice plan had to be rationed and additional taxes imposed.

If Maine’s own ObamaCare precursor had worked to achieve cost control, then why does the state ration entry into its public option?  Furthermore, if such a program really does control cost and overhead, then why can’t the state’s insurers meet the arbitrary 80% threshold set by Congress without having to shut down its business?

The waivers may as well encompass the entire United States, since these economic problems will arise wherever ObamaCare is attempted.  Better yet, instead of issuing 300 million waivers, why don’t we scrap the program and start over from scratch — this time with actual reform aimed at eliminating third-party payer interventions rather than expanding them?


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Please massa, can we have a waiver not to obey the laws that you impose upon us?

lorien1973 on March 9, 2011 at 1:38 PM

Which will come first? SCOTUS strikes down Obamacare or HHS issues a national waiver?

Roy Rogers on March 9, 2011 at 1:39 PM

Great news: HHS adds 1,328,381 waivers to ObamaCare

Yep. The waivers need to be fruitful and multiply!

rukiddingme on March 9, 2011 at 1:39 PM

Only 56 states to go!

Roy Rogers on March 9, 2011 at 1:39 PM

What if every state gets a waiver?

SlaveDog on March 9, 2011 at 1:39 PM

Weren’t we supposed to love it after it’s passage? That is, after we found out what’s in it.

Chip on March 9, 2011 at 1:39 PM

Waiting for mine.

OmahaConservative on March 9, 2011 at 1:40 PM

HHS issues a national waiver?

Roy Rogers on March 9, 2011 at 1:39 PM

Seems like that’d be the first act of a republican HHS, right? Waivers so no one has to comply with the law.

And liberals, of course, will cheer because that is how the law was written. Right?

lorien1973 on March 9, 2011 at 1:40 PM

The real controversy will be when a state gets rejected by HHS. Especially if’s a red state.

Doughboy on March 9, 2011 at 1:40 PM

That is, after we found out what’s in it.

Chip on March 9, 2011 at 1:39 PM

You can’t find out what you’ll need a waiver for, till we pass it!

lorien1973 on March 9, 2011 at 1:41 PM

Don’t you just love liberals’ hair brained schemes?

faraway on March 9, 2011 at 1:43 PM

That is hilarious, Ed. Well played.

John the Libertarian on March 9, 2011 at 1:43 PM

That Sebelius woman looks/acts like Cruella.

Schadenfreude on March 9, 2011 at 1:43 PM

The State of Vermont should be next…or close to it. Governor Peter Shumlin (D) has pretty much ignored the state’s deficit and has plunged head-long into his state-run healthcare plan. A request for a waiver for the entire state has been submitted and is expected to be approved shortly. Meanwhile, Shumlin has absolutely NO clue as to how his plan would be paid for. Sound familiar?

GoldenEagle4444 on March 9, 2011 at 1:44 PM

Fox News just reported this morning on the tax-free allowance deal that will come with ObamaCare and just how horrible it will be for pharmacists, doctors and patients. According to them, patients will have to get a prescription to buy aspirin.

carbon_footprint on March 9, 2011 at 1:44 PM

That Sebelius woman looks/acts like Cruella.

Schadenfreude on March 9, 2011 at 1:43 PM

It’s both.

Roy Rogers on March 9, 2011 at 1:44 PM

The waivers may as well encompass the entire United States, since these economic problems will arise wherever (Unconstitutional) ObamaCare is attempted.

No Problemo, we’ll just repeal the laws of economics.

/Democrats

Chip on March 9, 2011 at 1:45 PM

Seems like that’d be the first act of a republican HHS, right? Waivers so no one has to comply with the law. lorien1973 on March 9, 2011 at 1:40 PM

Eureka, lorien! I never thoughta that but it’s pure jenius!

Akzed on March 9, 2011 at 1:46 PM

This effing skank is rapidly rising to the top of the barrel of OBozo administration scum.

Jaibones on March 9, 2011 at 1:46 PM

The waivers are only good for a year.
What then after that?

Kini on March 9, 2011 at 1:46 PM

Where, in the gosh darn hell, do I get a waiver? Supposedly, if I declare myself a Muslim, the very people who do not enjoy bacon, will not work, will present a law suit, if they ever have to handle the animal, in any regard, with pig joints, then they don’t have to work, collect some Harry Reid, who likes children and dusty, sandy poetry, welcomes the people who come across the border and takes away jobs from true citizens of America. I am both baffled and ashamed.

betsyz on March 9, 2011 at 1:47 PM

You can’t find out what you’ll need a waiver for, till we pass it!

lorien1973 on March 9, 2011 at 1:41 PM

I guess it’s still foggy out there.

Knucklehead on March 9, 2011 at 1:47 PM

The real controversy will be when a state gets rejected by HHS. Especially if’s a red state.

Doughboy on March 9, 2011 at 1:40 PM

Exactamundo!

paragon27x on March 9, 2011 at 1:47 PM

Fox News just reported this morning on the tax-free allowance deal that will come with ObamaCare and just how horrible it will be for pharmacists, doctors and patients. According to them, patients will have to get a prescription to buy aspirin.

carbon_footprint on March 9, 2011 at 1:44 PM

Obamacare gives me a headache. I guess I better schedule a doctor’s appointment.

Doughboy on March 9, 2011 at 1:47 PM

At what point does this violate the equal protection clause?

Scrappy on March 9, 2011 at 1:48 PM

Since we are guaranteed equality of treatment under the law via the federal government, I do hope that all States point out that a waiver for one is a waiver for all.

ajacksonian on March 9, 2011 at 1:49 PM

At what point does this violate the equal protection clause?

Scrappy on March 9, 2011 at 1:48 PM

Whenever Judge Vinson declares it does.

teke184 on March 9, 2011 at 1:51 PM

Since we are guaranteed equality of treatment under the law via the federal government, I do hope that all States point out that a waiver for one is a waiver for all.

ajacksonian on March 9, 2011 at 1:49 PM

The Founding Fathers were Friggin Genius!!!!

Roy Rogers on March 9, 2011 at 1:53 PM

Better yet, instead of issuing 300 million waivers, why don’t we scrap the program and start over from scratch — this time with actual reform aimed at eliminating third-party payer interventions rather than expanding them?

What would happen to all the big money hidden in this bill? Didn’t I see Rep. Bachmann say that there was $105.6 Billion written into the bill with no apparent destination and no way to get it back?

Cindy Munford on March 9, 2011 at 1:54 PM

Obama gave hisself waivers on the drilling ban court order.

Obama gave hisself waivers on the unconstitutional Obamascare ruling. He lets hisself do whatever he feels like.

seven on March 9, 2011 at 1:54 PM

Only 56 states to go!

Roy Rogers on March 9, 2011 at 1:39 PM

Actually by my count there are 52 left; from February: CMS Official Confirms That Four States Have Been Granted ObamaCare Waivers

Don’t know why that wasn’t bigger news in February.

slickwillie2001 on March 9, 2011 at 1:54 PM

I have a waiver already, I have recently converted to my own version of Reformed Amish.

kringeesmom on March 9, 2011 at 1:55 PM

Can these waivers be used in court as justification for getting rid of the whole law? How is it constitutional for force one segment of the population for abide by an intrusive federal law and not the other? Since when is the federal government allowed to discriminate on the bases of economics?

jawkneemusic on March 9, 2011 at 1:55 PM

So this is Obama’s plan for getting out from under ObamaCare. Exempt all the states, but leave the law on the books. Thus it remains his crowning achievement technically but it applies to no one via exemption. ‘Brilliant’.

JimP on March 9, 2011 at 1:55 PM

*to and to. oops!

jawkneemusic on March 9, 2011 at 1:56 PM

All a sham.

Just like when I see Americans do not want to cut “medicare for the elderly” and realize how many non-elderly are included. Including the “mentally ill” and that is a very broad, fast and loose grouping for “disabled”. Do we really think it’s the retired elderly getting suboxone “treatment” on the taxpayer dime?

clnurnberg on March 9, 2011 at 1:56 PM

How did that work out in Maine? Poorly. The average monthly premium for a single male at 30 years of age in 2009 was $762, more than triple what it was in neighboring New Hampshire.

Terrific. If we had a functioning news media, people may have heard about this before Congress crammed Obamacare through.

forest on March 9, 2011 at 1:56 PM

Only 56 states to go!

Roy Rogers on March 9, 2011 at 1:39 PM

Actually by my count there are 52 left; from February: CMS Official Confirms That Four States Have Been Granted ObamaCare Waivers

Don’t know why that wasn’t bigger news in February.

slickwillie2001 on March 9, 2011 at 1:54 PM

Great. Maine, Tennessee, Florida, Joisey, and Ohio already have waivers.

I think my governor should go ahead and apply just so the eventual rejection can be used against the Obama Administration.

teke184 on March 9, 2011 at 1:57 PM

That is scary. I have 3 kids and I need a prescription for aspirin? My 8yr old daughter has severe eczema. I use a lot of OTC stuff. I thought this monstrosity was supposed to help. Good Lord, I feel like drinking my lunch and dinner and…

hboulware on March 9, 2011 at 2:00 PM

Catch a waiver; you’re sittin’ on top of the world (or at least the contiguous US).

The Monster on March 9, 2011 at 2:01 PM

I’m Muskie and I’m from Maine … well go take a bath.

J_Crater on March 9, 2011 at 2:01 PM

You have to admit that it’s funny that Maine already has a failing ObamaCare. I assume their explanation would be that the insurance companies keep it from being revenue neutral.

Cindy Munford on March 9, 2011 at 2:01 PM

As I live in Texas I’m assuming hell freeze before I get a waiver.

hboulware on March 9, 2011 at 2:03 PM

OT: David Broder dead

WordsMatter on March 9, 2011 at 2:04 PM

President Augustus Caesar.

Rubber stamping massive, harmful legislation, and then letting certain friends opt out.

This is complete insanity.

UltimateBob on March 9, 2011 at 2:04 PM

Catch a waiver; you’re sittin’ on top of the world (or at least the contiguous US).

The Monster on March 9, 2011 at 2:01 PM

Very good. Send that to Paul Shanklin.

slickwillie2001 on March 9, 2011 at 2:05 PM

Palmface

Now, as we learn more about Obamacare, the odds are good that it will ultimately rank right down there with Prohibition and the double nickel in public esteem.

J_Crater on March 9, 2011 at 2:06 PM

As I live in Texas I’m assuming hell freeze before I get a waiver.

hboulware on March 9, 2011 at 2:03 PM

Louisiana here and I think we’re in the same boat.

He’s already punishing my state through the moratorium on drilling, so this would be another step towards screwing us and Jindal.

teke184 on March 9, 2011 at 2:06 PM

Fox is now reporting that the White House is denying that Maine got this waiver.

Knucklehead on March 9, 2011 at 2:06 PM

I want to know if they are giving out waivers for the increase in taxes and the decrease in services.

I think this whole thing was a sham in order to confiscate and re-distribute tax dollars.

Ditkaca on March 9, 2011 at 2:06 PM

Will someone please put the ObamaCare Waiver Form online so we can all submit our own individual waivers?

Now imagine the White House burieds in 329 Million Waivers Applications…smile.

ornery_independent on March 9, 2011 at 2:07 PM

The Founding Fathers were Friggin Genius!!!!

Roy Rogers on March 9, 2011 at 1:53 PM

Yes they were, and they drafted a pretty tight document in the Constitution…

Its strange how the incredibly ‘smart’ that get to high office don’t seem to know a thing about it, even though they swear an oath to defend it. HHS has made a huge error and it may be one of the final nails in this creature’s coffin.

ajacksonian on March 9, 2011 at 2:08 PM

Teke, I know my stepdad started a blowout preventer part company a few years ago. You can imagine how well that’s working out.

hboulware on March 9, 2011 at 2:10 PM

Will someone please put the ObamaCare Waiver Form online so we can all submit our own individual waivers?

Now imagine the White House burieds in 329 Million Waivers Applications…smile.

ornery_independent on March 9, 2011 at 2:07 PM

http://www.hhs.gov/ociio/regulations/patient/ociio_2010-1_20100903_508.pdf

Roy Rogers on March 9, 2011 at 2:11 PM

ajacksonian on March 9, 2011 at 2:08 PM

I prefer “stake in it’s heart”.

Screw Obama’s call for “civility”

Roy Rogers on March 9, 2011 at 2:12 PM

Count it!

/crr6

Commerce Clause tries to go to Maine: “You Can’t Get There From Here!”

http://www.youtube.com/watch?v=sIJBUZm1HoY

Del Dolemonte on March 9, 2011 at 2:13 PM

Ha Ha! “Waive” bye-bye!

ExpressoBold on March 9, 2011 at 2:13 PM

Wonder what Obama got in return? Perhaps two new Democrat Senators?

American Elephant on March 9, 2011 at 2:13 PM

OT: Is big sis Lesbonese? Just saw her on TV testifying and she sure seems butch to me.

OmahaConservative on March 9, 2011 at 2:14 PM

Heh, heh, heh…

To quote the First Bee-otch, “for the first time in my adult life”, I’m proud to call myself a Mainer.

ErinF on March 9, 2011 at 2:14 PM

Excuse me…is this the line for an obamacare waiver or for cowboy poetry??

highninside on March 9, 2011 at 2:15 PM

I’m moving to Maine.

hboulware on March 9, 2011 at 2:17 PM

Between NPR and “Remember the Maine”, today is turning into a VERY GOOD day indeed!!!

White House Insider: President Obama Should Be Arrested
http://newsflavor.com/politics/world-politics/white-house-insider-president-obama-should-be-arrested/?66249#comment-66249&reload

Roy Rogers on March 9, 2011 at 2:17 PM

OT: Is big sis Lesbonese? Just saw her on TV testifying and she sure seems butch to me.

OmahaConservative on March 9, 2011 at 2:14 PM

ROFLMAO!!!
You owe me a keyboard

Roy Rogers on March 9, 2011 at 2:19 PM

Roy Rogers on March 9, 2011 at 2:12 PM

Either way works for me…

Anything to start curtailing the power of government, and starting with Obamacare is a great first step.

ajacksonian on March 9, 2011 at 2:27 PM

ajacksonian on March 9, 2011 at 2:27 PM

Taking America back, one step at a time!

Roy Rogers on March 9, 2011 at 2:30 PM

Taking America back, one step at a time!

Roy Rogers on March 9, 2011 at 2:30 PM

It starts at the bottom to remove power at the top… then the Left gets turned inside-out and realize they screwed up for the ‘Heart Part’ as Van Jones said…

Order trumps chaos now just as it did in 1776.

ajacksonian on March 9, 2011 at 2:38 PM

At what point does this violate the equal protection clause?

Scrappy on March 9, 2011 at 1:48 PM

What’s not equal? The law applies to everybody in the U.S. — er, except Muslims . . . and the Amish . . . and the millions of foreigners living here illegally . . . and the unions and other Democratic-party supporters who’ve been given waivers . . . .

AZCoyote on March 9, 2011 at 2:40 PM

My 8yr old daughter has severe eczema. I use a lot of OTC stuff.
hboulware on March 9, 2011 at 2:00 PM

Have you looked into herbal treatments like oregano oil? Some of them are fantastic. Also, my daughters eczema cleared up when we took her off of wheat. Just a thought.

txhsmom on March 9, 2011 at 2:40 PM

Guam needs a waiver fast. Hurry, it’s going to tip over!!!!!!!!!

faraway on March 9, 2011 at 2:43 PM

OT: Is big sis Lesbonese? Just saw her on TV testifying and she sure seems butch to me.

OmahaConservative on March 9, 2011 at 2:14 PM

LOL! As do all the women around Obama. Eunichs taking care of the queen?

txhsmom on March 9, 2011 at 2:44 PM

Txhsmom. We’ve tried everything. Some stuff works for a while some not at all. We’ve had allergy testing and cut almost all gluten from her diet. But, since she is so young you have to be careful. Unfortunatly, it can get so bad she has to have antibiotics and steroids. And she can be so skin sensitive anything topical can sometimes make it worse.

hboulware on March 9, 2011 at 2:46 PM

Since we are guaranteed equality of treatment under the law via the federal government, I do hope that all States point out that a waiver for one is a waiver for all.

ajacksonian on March 9, 2011 at 1:49 PM

Rush pointed that out as well. Every state by the Constitution should get a waiver.

Fox is now reporting that the White House is denying that Maine got this waiver.

Knucklehead on March 9, 2011 at 2:06 PM

Bahahahaha. I wonder if Obutthead listened to Rush today, and now it’s panic time. LOL

OT: Is big sis Lesbonese? Just saw her on TV testifying and she sure seems butch to me.

OmahaConservative on March 9, 2011 at 2:14 PM

If she is, and I were “lesbonese”….I’d be scared straight. LOL

capejasmine on March 9, 2011 at 2:48 PM

hboulware on March 9, 2011 at 2:46 PM

Awwww :( Bless yours and your little girls heart. Prayers to you and your family. I sure hope you can find something to help her.

capejasmine on March 9, 2011 at 2:50 PM

capejasmine on March 9, 2011 at 2:48 PM

And here I don’t even listen to Rush.

Must be the Noosphere at work!

Or reading the Constitution…

ajacksonian on March 9, 2011 at 2:55 PM

hboulware on March 9, 2011 at 2:46 PM

I feel for her and you both. My daughter’s eczema cleared up in the 4 months we were all on an autism diet for my son. I have terrible skin sensitivities–can’t use fabric softener, harsh chemicals, etc. I know you won’t stop looking, but I wanted to encourage you to keep trying things. It takes a while sometimes to figure out what the skin is reacting too.

txhsmom on March 9, 2011 at 2:59 PM

wow

maineconservative on March 9, 2011 at 3:01 PM

maineconservative on March 9, 2011 at 3:01 PM

Lucky! You didn’t even have to pretend you were Amish.

txhsmom on March 9, 2011 at 3:02 PM

“This prompts plenty of questions, chief among them…..”

I’ll take politics for 1.3 Million, Alex:

Olympia Snowe would have a very difficult time winning the Republican nomination for another term in the Senate from Maine. Our general election numbers in the state show that there is one easy way she could return to the body in 2013 though- running as an independent

JM Hanes on March 9, 2011 at 3:13 PM

I miss Jimbo3 in these threads. Even he had to give up defending this freaking mess. Poor little guy.

Chuck Schick on March 9, 2011 at 3:14 PM

Forgot to stick in a self-promoting Noosphere link!

If you don’t know the lexicon, the reference is pretty obscure.

ajacksonian on March 9, 2011 at 3:20 PM

“As Maine goes, so goes the nation.”

http://en.wikipedia.org/wiki/As_Maine_goes,_so_goes_the_nation

maineconservative on March 9, 2011 at 3:21 PM

Roy Rogers on March 9, 2011 at 2:17 PM

Good stuff. I wonder if Fitzgerald can be trusted to do his job?

slickwillie2001 on March 9, 2011 at 3:24 PM

maineconservative on March 9, 2011 at 3:21 PM

Count on Maine to do the right thing.

Remember the 2oth Maine!

Roy Rogers on March 9, 2011 at 3:28 PM

slickwillie2001 on March 9, 2011 at 3:24 PM

SOMEONE will blab. Nobody likes Obama.

Roy Rogers on March 9, 2011 at 3:29 PM

The waivers may as well encompass the entire United States, since these economic problems will arise wherever ObamaCare is attempted. Better yet, instead of issuing 300 million waivers, why don’t we scrap the program and start over from scratch — this time with actual reform aimed at eliminating third-party payer interventions rather than expanding them?

We don’t need 300 million waivers–only 49 more for each state, plus 7 more for the states Obama visited during the campaign.

Note to Governors, especially Republicans: Apply for a statewide waiver from ObamaCare, and if it’s denied, sue the Federal Government under the Equal Protection Clause (why should Maine get special treatment?).

If this continues, ObamaCare will probably apply to only the great states of Illinois and Hawaii, which have been graced by the footsteps of Teh One.

Steve Z on March 9, 2011 at 3:45 PM

Maine won’t be alone in the waiver business, either. New Hampshire, Nebraska, and Kentucky all have applied for waivers, too.

I think you mean NEVADA, not Nebraska.

:)

ooonaughtykitty on March 9, 2011 at 3:47 PM

Txhsmom. We’ve tried everything. Some stuff works for a while some not at all. We’ve had allergy testing and cut almost all gluten from her diet. But, since she is so young you have to be careful. Unfortunatly, it can get so bad she has to have antibiotics and steroids. And she can be so skin sensitive anything topical can sometimes make it worse.

hboulware on March 9, 2011 at 2:46 PM

Both of my kids are like this too. We’ve been through 18 different steroid creams, finally finding that clobetasol works best. When my oldest was an infant, his eczema was so bad it looked like wet burns all over his face, hands and legs. He’d have to take antibiotics too because it would get infected. He’s outgrown it so maybe there’s hope for your child too.

They also have peanut allergies which may or may not be related.

And I am going to SCREAM if I have to get an Rx for Tylenol, Advil, Metamucil or an enema!!!

citrus on March 9, 2011 at 4:01 PM

Wow, the ENTIRE state of Maine is racist?!!

Alden Pyle on March 9, 2011 at 4:07 PM

This was one of the more stupid, least thought out, and disastrous parts of the Obamacare bill, which was mostly written by a bunch of liberal activists with no clue how private insurance actually works. It was a popular lefty talking point that one way to hold down health insurance premiums was to cap how much premium income the insurers could spend on “non-medical” expenses. They pulled the 80% number out of thin air; there is no research or analytical foundation for it. Then political activists simply believed insurance companies are jacking up premiums to cover excessive executive salaries, advertising and marketing, and other overhead.

One reason HHS is giving waivers on this to pretty much everyone who asks is that under the law it has only a year from enactment of the law to usse regulations on what constitutes “medical expenses” and now that some people with actual knowledge of insurance have gotten involved they have realized that this is going to be like writing another Internal Revenue Code. For example: is the salary of a nurse who calls people to remind them to get an annual physical or a mammogram a “medical expense” or is it marketing and overhead? What about a person who helps people schedule those tests? What about the cost of collection agencies to go after people who have not paid their copays or their uninsured expenses? Do we really need the federal government making these decisions?

rockmom on March 9, 2011 at 4:12 PM

HHS: Wave once if you need a waiver.

RMR on March 9, 2011 at 6:14 PM

Equal protection under the law ?
Does that mean anything any more?

ColdWarrior57 on March 9, 2011 at 7:47 PM

I think conservatives should start a big write-in movement to HHS. If every citizen of the US files a waiver request, even the MSM would have to notice.

PattyJ on March 10, 2011 at 1:15 AM

We are no longer a nation of laws, but a nation of waivers. The Administration sycophants and boot-lickers get waivers the rest of us must follow the law.

Dandapani on March 12, 2011 at 8:49 AM

Mitt Romney pledged that he would order his Secretary of the HHS to waive ObamaCare for all 50 states.

Can he do it? Of course he can.

Conservative Samizdat on April 21, 2011 at 4:23 PM

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