CRS: Half of all ObamaCare statutory deadlines missed

posted at 10:01 am on August 19, 2013 by Ed Morrissey

It’s been called a “train wreck” by its author, Democratic Senator Max Baucus, and an unpublished report from the Congressional Research Service demonstrates why.  Forbes’ Avik Roy discovers that the Obama administration has missed at least half of its statutory deadlines for ObamaCare already, and only a small minority of those have anything to do with Congressional appropriations:

The new CRS memo, dated June 5, 2013, is an addendum to a series of previous reports in which the agency examined missed deadlines during the law’s first two years. The CRS excluded from its analysis deadlines that don’t reflect on the administration’s competence; for example, as states expand Medicaid, the federal spending associated with those expansions occurs more or less automatically. Deadlines that the law imposes on non-federal government actors, like state governments and private companies, were also excluded.

As of May 31, 2013, when the CRS analysis was completed, the White House had yet to meet 9 of 12 deadlines from the first year after the Affordable Care Act was enacted. It failed to meet 22 of 53 deadlines in the second year; another 8 became moot after Congress did not appropriate funds to complete the assigned tasks. In year three, the administration missed 10 out of 17 deadlines. That’s a total of 41 out of 82 deadlines missed.

If you exclude the 9 deadlines that became moot because Congress never appropriated the funds to meet them, the Obama administration missed 41 out of 73 deadlines, or 56 percent.

In analyzing the CRS report, I erred on the side of generosity. If the administration missed a particular statutory deadline by a week or less, I counted it in their favor as a “met” deadline. In any case where there was ambiguity in the CRS report, I assumed that the administration had met the deadline. So these 50-56 percent missed deadline figures should be seen as slightly conservative.

Roy charted the data:

crs-ocare-chart

This puts paid to the myth pushed by the White House and its apologists that the “train wreck” is a result of Republican sabotage of ObamaCare.  Only that small subset of deadlines got missed for lack of funding.  Nearly three times as many were missed despite the funding necessary, and almost double again were missed but eventually completed.  If the only deadlines missed were those involving a lack of appropriations, then ObamaCare would be a raging success instead of the wheels-off “train wreck” that it is.

For instance, one of the big selling features of ObamaCare was that the law would force providers to work toward health outcomes rather than the traditional fee-for-service model that exists in … well, every service market, including health care.  HHS was supposed to have built reporting models for private insurers to track progress to that goal “to improve health outcomes, prevent hospital readmission, ensure patient safety and reduce medical errors, and implement wellness and health promotion activities.” It also required Kathleen Sebelius “to promulgate regulations that provide criteria for determining reimbursement structure to improve quality,” in order to complete that transformation.

That was due on March 23, 2012, eighteen months ago this week.  So far, HHS hasn’t uttered or written one word about this statutory deadline, which means that insurers have no idea how HHS wants them to go about achieving the outcome-based reimbursement model.  It’s not even clear if HHS has any idea at all how to achieve that goal.  In fact, it can be assumed at this point, 42 months after ObamaCare passed Congress, that the White House has no idea how to fulfill that pledge.

With this much failure and ambiguity, there is no value at all in proceeding with ObamaCare, especially as its perverse incentives remakes the labor market for the worse.  It’s time to call a halt to the train wreck before it takes out the whole system.


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It’s time to call a halt to the train wreck before it takes out the whole system.

Unless of course that was the entire point. But it’s not like we have the freaking Senate Majority Leader admitting it himself.

Doughboy on August 19, 2013 at 10:06 AM

He couldn’t care less if the whole mess collapses as long as there is funding for his parasitic constituents. However, there isn’t, he will make it available via executive order. His intent has always to pander to the underclass for votes . . . nothing more and nothing less.

rplat on August 19, 2013 at 10:07 AM

It’s time to call a halt to the train wreck before it takes out the whole system.

WHAT?

And kill Barry’s only SINGLE “accomplishment”? (Since when is SIGNING legislation considered an “accomplishment”?)

GarandFan on August 19, 2013 at 10:08 AM

Such an awesome bill no Democrat wants anything to do with it.

WisCon on August 19, 2013 at 10:11 AM

Don’t worry. I’m sure there everything will run just as smoothly and efficiently once it’s completely in place.

Chris of Rights on August 19, 2013 at 10:13 AM

For Obama, law is window dressing, Just as the two Clintons had and have such little respect for the value of the truth, Obama has no respect for the value of law in itself. That shared social contract of the written law does nothing for Obama. All he cares about is getting the outcome he wants. He’s one of the worst chief executives any country or business or organization of any kind could have. Too bad his first try at it had to be as POTUS.

Paul-Cincy on August 19, 2013 at 10:13 AM

With this much failure and ambiguity, there is no value at all in proceeding with ObamaCare, especially as its perverse incentives remakes the labor market for the worse. It’s time to call a halt to the train wreck before it takes out the whole system.

This has always been about stealing the private capital of 1/6 of the economy and forcing the nation into single payer because “the train wreck” is too big to let fail.

Happy Nomad on August 19, 2013 at 10:14 AM

SMART Power!!!!11111!!!!elebinty

jukin3 on August 19, 2013 at 10:16 AM

They are just on the fast track to single payer. It’s all planned.

Oil Can on August 19, 2013 at 10:16 AM

Unless of course that was the entire point. But it’s not like we have the freaking Senate Majority Leader admitting it himself.

Doughboy on August 19, 2013 at 10:06 AM

According to Harry, the Republicans want Obamacare to fail because the rat-eared wonder is black and the GOP can’t stand to see a successful black man.

Happy Nomad on August 19, 2013 at 10:16 AM

But, but, but…26 yr olds can stay on their parents policy (and their couch)….

hillsoftx on August 19, 2013 at 10:18 AM

LA LA LA ….its all the GOP fault…. facts schmacts
-lsm

Crickets..

cmsinaz on August 19, 2013 at 10:20 AM

Designed to fail. Single Payer Is The Goal.

Bmore on August 19, 2013 at 10:21 AM

I’m just curious if anyone can think of any past legislation that was as bad for the United States.

NotCoach on August 19, 2013 at 10:22 AM

OT: Christie is banning gay therapy

faraway on August 19, 2013 at 10:25 AM

I’m just curious if anyone can think of any past legislation that was as bad for the United States.

NotCoach on August 19, 2013 at 10:22 AM

Most of it.

faraway on August 19, 2013 at 10:26 AM

I’m just curious if anyone can think of any past legislation that was as bad for the United States.

NotCoach on August 19, 2013 at 10:22 AM

16th and 17th amendments?
Taking the right of the states to make their own rules on who has the right to vote.
Affirmative Action
Social Security, then medicare.

astonerii on August 19, 2013 at 10:27 AM

I’m just curious if anyone can think of any past legislation that was as bad for the United States.

NotCoach on August 19, 2013 at 10:22 AM

The Dodd-Frank banking law is just about as bad. It may be a tie, actually.

Chris of Rights on August 19, 2013 at 10:29 AM

I’m just curious if anyone can think of any past legislation that was as bad for the United States.

NotCoach on August 19, 2013 at 10:22 AM

I know Rubio is certainly trying his best to top Obamacare with his amnesty bill.

Doughboy on August 19, 2013 at 10:31 AM

I’m just curious if anyone can think of any past legislation that was as bad for the United States.

NotCoach on August 19, 2013 at 10:22 AM

The Alien and Sedition Acts.

The Kansas-Nebraska Act of 1854.

Anything attached to “The New Deal” including Social Security.

What sets Obamacare apart is the level that government has decided to intrude in one’s private life.

Happy Nomad on August 19, 2013 at 10:33 AM

I’m just curious if anyone can think of any past legislation that was as bad for the United States.

NotCoach on August 19, 2013 at 10:22 AM

The Dodd-Frank banking law is just about as bad. It may be a tie, actually.

Chris of Rights on August 19, 2013 at 10:29 AM

Then there was FDR’s National Industrial Recovery Act;

http://en.wikipedia.org/wiki/National_Industrial_Recovery_Act

It was bad enough that the Supreme Court ruled it unconstitutional in 1935.

BTW, anyone who thinks the various “looter” laws described by Ayn Rand in Atlas Shrugged (the “Anti Dog-Eat-Dog” Law, the various Consolidation Acts, etc.) were fanciful or “could never happen here” should know she based them on the measures in the NIRA.

clear ether

eon

eon on August 19, 2013 at 10:34 AM

Half of all ObamaCare statutory deadlines missed

And the half that has been implemented is dragging down the economy, denying access to healthcare, raising insurance premiums, causing business to slash working hours and only hire part timers.
Other than that ObamaCare will be the nightmare that will force Americans into a single payer, socialized system. Hope everyone stays healthy.

redguy on August 19, 2013 at 10:34 AM

The road from Republic to Dictatorship is paved with “good” intentions, like Obama’s Obamacare delays…

http://www.imperfectamerica.blogspot.com/2013/08/the-road-between-republic-and.html

http://www.imperfectamerica.com

imperfectamerica on August 19, 2013 at 10:34 AM

OT: Christie is banning gay therapy

faraway on August 19, 2013 at 10:25 AM

Just more proof he’s no conservative. These laws are unconstitutional.

NotCoach on August 19, 2013 at 10:36 AM

Christie will be banning Catholic confessionals next.

faraway on August 19, 2013 at 10:38 AM

astonerii on August 19, 2013 at 10:27 AM

Chris of Rights on August 19, 2013 at 10:29 AM

Happy Nomad on August 19, 2013 at 10:33 AM

Yes, lots of bad laws, but I’m not sure that any of them rise to the same destructive level as ObamaCare.

eon on August 19, 2013 at 10:34 AM

That was a monstrous act, and perhaps the only law I can think of that was as destructive, if not more, than ObamaCare.

NotCoach on August 19, 2013 at 10:40 AM

Christie will be banning Catholic confessionals next.

faraway on August 19, 2013 at 10:38 AM

Why not? Banning sexual reorientation therapy is the same thing.

NotCoach on August 19, 2013 at 10:43 AM

NotCoach on August 19, 2013 at 10:40 AM

Removal of states being able to hold the Federal Government in Check by not handing over tariff and other collected taxes.
Removal of the only solid check on Federal Power the States had, the selection of Senators. That was the death of the 10th amendment.
Changing the equation of having children with Social Security has worked over time to destroy the family unit, everything from the ease of divorce to abortion to the poor educational system is tied to that law.
Affirmative action took blacks from being business owners and responsible citizens to what we have today and will have for many decades to come, if not centuries.
What will Obamacare do that is worse than any of those?

astonerii on August 19, 2013 at 10:49 AM

Cloward-Piven in action. The trainwreck that’s meant to happen.

JimK on August 19, 2013 at 10:54 AM

It’s time to call a halt to the train wreck before it takes out the whole system.

WHAT?

And kill Barry’s only SINGLE “accomplishment”? (Since when is SIGNING legislation considered an “accomplishment”?)

GarandFan on August 19, 2013 at 10:08 AM

WHAT?

And make those “historic” collectors’ item signature pens worthless as the bill?

onlineanalyst on August 19, 2013 at 10:58 AM

Where is the leadership to abort this thing?

HiJack on August 19, 2013 at 10:59 AM

astonerii on August 19, 2013 at 10:49 AM

Affirmative action we can remove from this narrow discussion unless you can point to a specific legislative act that required affirmative action.

ObamaCare turns us into a part-time nation, and destroys our health care system. ObamaCare puts all of our personal information in the hands of the government. ObamaCare is redefining religious freedom. ObamaCare taxes us for just simply existing. ObamaCare will turn us into a nation of outlaws as people realize that not buying health insurance is far more prudent then buying it. ObamaCare infantilizes adults. ObamaCare unconstitutionally puts enormous legislative authority in the hands of the executive (very much like the National Industrial Recovery Act did with the same type of disastrous results in the short two years that act existed).

What you said isn’t wrong, those things were also disastrous. And just how awful ObamaCare is is just my opinion.

NotCoach on August 19, 2013 at 11:05 AM

OT: Christie is banning gay therapy

faraway on August 19, 2013 at 10:25 AM

Crazy. A lot of disturbing things in the article. Here’s one:

Christie said he believes people are born gay and that homosexuality is not a sin.

“Born gay”? Isn’t that the position of the fringe gay lobby?

They also had “worse case” testimony about therapists abusing patients in the name of “conversion therapy”. As if such abuses should make legitimate therapy illegal?

Paul-Cincy on August 19, 2013 at 11:09 AM

If we ever want to transfer control of the country back to the people we have got to rescind the 17th amendment. Without it we are no longer the united states of America.

HiJack on August 19, 2013 at 11:11 AM

NotCoach on August 19, 2013 at 11:05 AM

Each and every one of those I listed were the stepping stones to where we are today, when an Obama can win Election and Congress can pass Obamacare.
If any single one of those listed did not happen, neither would Obamacare.

If the Federal Government did not have direct access to income taxes, then it could not have passed social security or Obamacare. It also would not have had the votes to pass social security or Obamacare without the 17th amendment. Without Social Security, I doubt we would have had the lack of moral character we have today. National character changes slowly, over long periods of time. Social Security was foisted upon the people much like Obamacare. It was not something the people were asking for, but what socialism was demanding they live under. It was deviously implemented with a payroll tax to make people feel invested and thus make it immune from being repealed. Just look at the otherwise conservative people who demand to get their money back for evidence of this nefarious subterfuge. Affirmative action is law, you cannot get government contracts without a certain percentage of off white (black) employees. This special favor to blacks, which ultimately harms them, has kept them as socialist voters for many decades. Without their socialist 90% vote much more of America would be under the beneficial rule of conservative government, rather than socialist government.

In the end, Obamacare is just another stepping stone along the path that started long ago. I put the date around 1909, but others go back even further.

astonerii on August 19, 2013 at 11:20 AM

Without it we are no longer the united states of America.

HiJack on August 19, 2013 at 11:11 AM

Add the Fourteenth to the list then.

astonerii on August 19, 2013 at 11:22 AM

It’s time to call a halt to the train wreck before it takes out the whole system.

Obamacare was designed to “take out the whole system”. Taking out the whole system is a feature not a bug. Single-payer is the goal of Obama and the Democrats, the chosen path to single-payer is to wreck private health-insurance in the U.S.

Their only real concern is how to avoid getting blamed for wrecking the system. Obama and the Democrats are betting that the mainstream media is so invested in the Democratic party and progressive beliefs that the media will provide cover for the coming wreck.

pilsener on August 19, 2013 at 11:23 AM

Add the Fourteenth to the list then.

astonerii on August 19, 2013 at 11:22 AM

+1

HiJack on August 19, 2013 at 11:24 AM

NotCoach on August 19, 2013 at 11:05 AM

Speculative here: but I believe if the state legislatures were still in charge of appointing senators obamacare would never have gotten out even a committee.

chemman on August 19, 2013 at 11:26 AM

What scares me is that on October 1, all the computers at the doctors’ offices and hospitals and insurance companies will just go BLAM.

Get your physicals and stuff done now!

PattyJ on August 19, 2013 at 11:31 AM

astonerii on August 19, 2013 at 11:20 AM

I would agree with all but the root cause of loss of moral character in this country. I believe that started in the 1850′s with Horace Mann and the Boston Day School movement which began using the age segregated model of education. John Dewey and his progressive education movement for public schools then hammered the nail into the coffin.

chemman on August 19, 2013 at 11:32 AM

chemman on August 19, 2013 at 11:32 AM

Got any high quality links?

astonerii on August 19, 2013 at 11:35 AM

Paul-Cincy on August 19, 2013 at 11:09 AM

Saying they are born that way is far worse than calling it sin. At least if it is sin they can find forgiveness. From the neo-darwinian perspective of purpose of sex then being born as a gay means nature has excluded your genes from the gene pool because they confer no survival benefits or are dangerous for the survival human species.

chemman on August 19, 2013 at 11:38 AM

Even the Chicago Tribune is demanding a do-over.

http://www.chicagotribune.com/news/opinion/editorials/ct-edit-obamacare-0818-jm-20130818,0,5666959.story

NO! We must all refuse to comply and when enough of us who don’t have special dispensation from the Emperor refuse to go along, he and the azzhole aristocrats in DC will be compelled to repeal ZeroCare ™

dogsoldier on August 19, 2013 at 11:51 AM

obama and the congress oppose obama’care’. It’s just a ploy…until Hillary implements single payer.

Wake up America – you’re scroomed from both sides of the aisle.

Schadenfreude on August 19, 2013 at 11:52 AM

PattyJ on August 19, 2013 at 11:31 AM

None of the technology is ready.

I keep saying, everyone needs to just simply REFUSE to go along.

Remember prohibition? They cannot force an entire nation to do or not do anything the nation wants or does not want.

dogsoldier on August 19, 2013 at 11:54 AM

…PROOF Obamacare is a POS Bill that should never have been put up for a vote, let alone passed as a LAW.

FACT: At least 98% of all politicians did NOT read the bill before voting on it.

FACT: When the Senate voted on the bill, it was presented to the Senate from the House in 2 pieces – they did not even take the time to compile the 2 halves into a single document for the Senate to review it, lwet alone pass the bill. Yes, they were in THAT much of a rush in the wee hours of the morning to vote this thing into law before the majority of Americans who opposed it could find out they were actually voting on it.

Based on LIES, bargained/negotiated using bribes/special deals, drafted behind closed doors, passed in the wee hours of the morning, and no one knew what was in it – to include those who passed it – until after it had passed. Kept alive through Un-Constitutional actions taken by the current President and a cowardly group of Congressmen and women who are afraid that de-funding it will cost them votes but who do not realize that NOT de-funding it will cost them more.

easyt65 on August 19, 2013 at 12:01 PM

And reading the reports that they have missed, why in hell is the federal government concerning itself with educating us to brush our teeth? Or informing us about diabetes? Our families, friends, doctors, nurses, and dentists are in charge of that!

BTW a guy I know in L.A. recently got a surprise knock on the door from the USDA. He uses his dog as an extra in TV and they wanted to inspect the dog’s resident to make sure it was up to snuff. Luckily, they were not in SWAT gear.

PattyJ on August 19, 2013 at 12:04 PM

Even the Chicago Tribune is demanding a do-over.

http://www.chicagotribune.com/news/opinion/editorials/ct-edit-obamacare-0818-jm-20130818,0,5666959.story

NO! We must all refuse to comply and when enough of us who don’t have special dispensation from the Emperor refuse to go along, he and the azzhole aristocrats in DC will be compelled to repeal ZeroCare ™

dogsoldier on August 19, 2013 at 11:51 AM

A ‘a rewrite’; they aren’t actually asking for the whole stinker to be thrown out.

That is what is needed however, and complete throw-out. It is so complex that it can’t be fixed. Obamacare is like a huge building with a fatally flawed design. It can’t be fixed in place, only torn down, and in the case of Obamacare, what came before is magnitudes better than what it is today.

We don’t have to ‘rewrite’ or fix it in some way, because what we had before Obamacare is superior to Obamacare.

slickwillie2001 on August 19, 2013 at 12:35 PM

dogsoldier on August 19, 2013 at 11:54 AM

I’ve been saying this all along.

When the IRS sends you forms about your health insurance, just don’t send it in.

Just a form of Civil Disobedience.

Barred on August 19, 2013 at 12:37 PM

the train is on the tracks and a crash is imminent; don’t stand too close folks…

burserker on August 19, 2013 at 1:47 PM