Uh oh: Carney dodges question on whether individual mandate might need to be delayed

posted at 5:21 pm on October 21, 2013 by Allahpundit

Actually, I can answer that question for Jon Karl: No, the mandate certainly won’t be delayed. The entire law, including the mandate, might be delayed if HHS can’t get its act together by Thanksgiving, say, but delaying only the mandate would significantly increase the odds of an industry “death spiral.” That’s the only thing right now that’s forcing healthy young uninsured adults into the pool; take away the mandate and leave the rest intact and you’ve got hundreds of thousands of sick people with preexisting conditions diving in with no way to pay for them. Either delay the whole thing and tell the sick to wait ’til next year or maintain the Kafkaesque status quo in which healthy people are penalized for failing to do something which, for technological reasons, the government makes it almost impossible for them to do.

Here’s what Carney told Karl:

CARNEY: We’re three weeks into a six-month enrollment period. As I said, the law itself as written makes clear that Americans with access to affordable insurance would need to have insurance by March 31. But people that do not have access to affordable care, due to a state not expanding Medicaid — and there are states out there who are depriving their own residents of access to expanded Medicaid because they made that choice — or due to other factors, will not be penalized. That is number one. When it comes to the issue I was just talking to Brianna about, with the February 15 marker period, I would refer you to HHS for more details, but they are looking to align the policies, the disconnect between open enrollment period and the individual responsibility timeframes, which exists in the first year only.

What does “access” mean? Tommy Christopher reads it this way:

[I]t seems to m that Carney is hedging on two possible outcomes. If the rollout of the website is smoothed out in fairly short order, then the administration can leave things as they are, and contend that people did have sufficient access. If the problems persist, then they can establish a process whereby people can apply for exemption on a case-by-case basis, so that people in states with successful state-based exchanges might be charged the penalty, while those on the federal exchange might not. In practice, though, they would probably grant the exemption to anyone who asked for it.

That’s great, but if they have to waive billions in revenue due to mandate exemptions, they’ve still got a potential “death spiral” problem. Maybe that’s ironic vindication for John Roberts: People are going to have to pay Uncle Sam to make this new boondoggle semi-viable, whether or not they’ve failed to comply with the law through no fault of their own. It’s a tax! You’re welcome, America.

And now here’s your cue, in case you haven’t read it already, to read Megan McArdle’s post last week arguing that the drop-dead date for ObamaCare is sometime next month, not mid-December or the “six-month enrollment period” as Carney likes to imagine. If the site remains unworkable on the back-end for another month, insurers won’t be able to process the crush of enrollments in late November and December as people scramble to sign up for coverage by January 1. The “six-month enrollment period” is a talking point, nothing more.


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Change you can believe in….

Athos on October 21, 2013 at 5:22 PM

delaying only the mandate would significantly increase the odds of an industry “death spiral.” That’s the only thing right now that’s forcing healthy young uninsured adults into the pool; take away the mandate and leave the rest intact and you’ve got hundreds of thousands of sick people with preexisting conditions diving in with no way to pay for them.

Industry death spiral? That’s a feature, not a bug.

rbj on October 21, 2013 at 5:23 PM

They will burn the capital before they give an inch.

rob verdi on October 21, 2013 at 5:24 PM

Didn’t Obama just flat out reject delay a few days ago when the Republicans suggested it?

forest on October 21, 2013 at 5:24 PM

Did anyone catch that Carney kept saying over and over that the reason for all these glitches is that “there was more volume than expected and that was run in the beta testing”? That’s telling. That says to me that at the very least they were not expecting the number of sign-ups they’ve supposedly received in the first 3 weeks. If that is true then that says to me that they KNOW there isn’t a huge call for this law. That says they KNOW that most people like their current healthcare and that says that this is either a new way to tax folks via the penalty for not signing up or that they knew the 45 million uninsured meme is bs.

neyney on October 21, 2013 at 5:25 PM

Carmey’s taken to spending his evenings drinking with Baghdad Bob. On the plus side, he does have some good news to announce at his next presser –
“New, Improved Obamacare Program Released On 35 Floppy Disks”.

whatcat on October 21, 2013 at 5:25 PM

I’m not sure how relevant the mandate actually is. It’s more likely to be the skyrocketing premiums and deductibles that prevent the healthy from purchasing insurance, thereby causing the death spiral.

obladioblada on October 21, 2013 at 5:26 PM

That’s great, but if they have to waive billions in revenue due to mandate exemptions, they’ve still got a potential “death spiral” problem.

A health insurance “death spiral” is a great opening to the next act — single-payer.

Bitter Clinger on October 21, 2013 at 5:28 PM

Smart Power. TM

CycloneCDB on October 21, 2013 at 5:29 PM

Just vote yourself your own exemption, just like Congress and Obama’s.

Christien on October 21, 2013 at 5:29 PM

Who has the power to delay this law of the land..?

d1carter on October 21, 2013 at 5:29 PM

If Obama is forced to delay the law he would be vindicating everything the Republicans warned about. Republicans will have a field day with it. That’s why he’ll never do it.

HotAirian on October 21, 2013 at 5:29 PM

A health insurance “death spiral” is a great opening to the next act — single-payer.

Bitter Clinger on October 21, 2013 at 5:28 PM

Even the conservatives will be clamoring for it because the alternative will be 90% tax brackets (with single payer they might not be more than 80% lol)

neuquenguy on October 21, 2013 at 5:32 PM

This is the same government that fines refiners for failing to blend gasoline with non-existent biofuels.

Charlemagne on October 21, 2013 at 5:33 PM

Carney:

The people have spoken, through 2 elections now. They want free healthcare, and they’re going to have to pay for it.

BobMbx on October 21, 2013 at 5:33 PM

I am absolutely sick to death of being lied to by these grifters and their spokes-boys. Does ogabe-care cover that?

Naturally Curly on October 21, 2013 at 5:34 PM

If Obama is forced to delay the law he would be vindicating everything the Republicans warned about. Republicans will have a field day with it. That’s why he’ll never do it.

HotAirian on October 21, 2013 at 5:29 PM

Which republicans will have a field day with it? McConnell? Boehner?
just like they do with Obama and the Dems never passing a budget and then blaming them for shutting down government?

neuquenguy on October 21, 2013 at 5:35 PM

It used to be that the Congress decided when laws would be enforced and when they would not be.

Back in the old days, during the time we had a Republic.

MTF on October 21, 2013 at 5:35 PM

That’s great, but if they have to waive billions in revenue due to mandate exemptions, they’ve still got a potential “death spiral” problem.

Who is “they”?? The mandate penalties don’t go to the insurance companies. If young and healthy people refuse to pay for overpriced insurance that has tons of stuff they neither need nor want, then those young and healthy people have to pay a tribute to the feral government, not a penny, however, to the insurance companies that are stuck with the lame, the sick, the hypochondriacs and the health care addicts.

When the young and healthy refuse to sign up for useless insurance they merely pay some tribute to the feral government and the insurance companies have to still eat the cost of the high-maintenance rejects who do buy their sh!tty, feral government approved offerings.

The “death spiral” is an integral part of BarkyCare, from start to finish. The mandate penalty does nothing for the insurance companies. It is mere tribute to the rulers on Mt. Washington.

ThePrimordialOrderedPair on October 21, 2013 at 5:36 PM

obama couldn’t lead a platoon of sandra flucks to the free abortion center.

crash72 on October 21, 2013 at 5:37 PM

obladioblada on October 21, 2013 at 5:26 PM

This is happening at this very moment. My family’s premiums have tripled since 2009 (we’re all healthy BTW) and with the price tag of our renewal for 2014 we’re seriously considering not carrying any coverage. Our agent tried to tell us that once the exchanges are up and running we might get a better deal but I know that’s a load of bunk.

We have a high deductible HSA and the new premiums, even if we never set foot in a doctors office are….wait for it….almost $20k year. I talk t other self-employed’s and they’re seeing (and saying) the same thing. If responsible folks like us are considering dropping coverage and paying the fine then there’s no way a wave of youngsters will shell out thousands in the off chance they need insurance. I predict that by 2015 you’ll be seeing democrats taking of repeal due to the destruction that this law will cause. This is Obama’s WMD moment and even his most staunch allies are starting to realize it.

volnation on October 21, 2013 at 5:37 PM

I don’t get the hysteria over health insurance. There’s been a few times I didn’t have it and we had kids even. Big f’ing deal. What’s going to be eye opening is going to a doctor that doesn’t speak engrish.

DanMan on October 21, 2013 at 5:37 PM

I’m at a loss on some numbers here (and I’ll give you Obama & Co. is not big on numbers in actual, you know, reality and all, but)…

We’ve been told there are 30 million people or there about who did not have ‘affordable’ health care. They were the ones ostensibly from the start that this whole thing was SUPPOSED to help.

Now here we are, and we keep hearing about 7 million needing to sign up in the six month enrollment period.

By my calculations, this is missing like 23 million people from the get-go, and that’s not including everyone who has LOST their insurance from 2010 to now. Which, to me, says that they are expecting something in the realm of 23 million people to be paying that $95 Robert’s Tax.

What am I missing here?

UnderstandingisPower on October 21, 2013 at 5:37 PM

If Obama is forced to delay the law he would be vindicating everything the Republicans warned about. Republicans will have a field day with it. That’s why he’ll never do it.

HotAirian on October 21, 2013 at 5:29 PM

Yeah, sure. We’ll get ‘em next election, right?

Naturally Curly on October 21, 2013 at 5:38 PM

So, IOW, Obama will have needlessly shut down the government for 3 weeks when he could have just agreed with Ted Cruz in the first place.

crrr6 on October 21, 2013 at 5:38 PM

The people have spoken, through 2 elections now. They want free healthcare, and they’re going to have to pay for it.

that’s awesome BobMbx

DanMan on October 21, 2013 at 5:40 PM

Which, to me, says that they are expecting something in the realm of 23 million people to be paying that $95 Robert’s Tax.

UnderstandingisPower on October 21, 2013 at 5:37 PM

That’s not just $95. It’s $95 OR 1% of your income, whichever is larger,

1% is a pretty big chunk to be taking for …. nothing.

ThePrimordialOrderedPair on October 21, 2013 at 5:40 PM

Its nice to know that I can always come to Hot Air to read what Tommy Christopher (?) has to say.

JR on October 21, 2013 at 5:41 PM

That’s not just $95. It’s $95 OR 1% of your income, whichever is larger,

1% is a pretty big chunk to be taking for …. nothing.

ThePrimordialOrderedPair on October 21, 2013 at 5:40 PM

And they STILL don’t have insurance and the hospital will STILL have to take them if they show up on the doorstep and need help.

UnderstandingisPower on October 21, 2013 at 5:42 PM

Right about now, Obama and his people need to come up with a new and improved “ditches+Slurpees” zinger, then flog it for all it’s worth and then some.

Christien on October 21, 2013 at 5:43 PM

Who has the power to delay this law of the land..?

d1carter on October 21, 2013 at 5:29 PM

Exactly! The GOP should not allow this to be delayed without a new bill announcing it. And don’t allow that bill to pass without explicit changes to the healthcare law.

Dems should be forced to either swallow this debacle whole or see HUGE chunks of it ripped off in order to legally delay it.

Although we know if they do delay the bill it will be just by declaring it so, not by actually following the legal process.

nextgen_repub on October 21, 2013 at 5:44 PM

Wow, this is the first time this guy has dodged a question.

JR on October 21, 2013 at 5:45 PM

Either delay the whole thing and tell the sick to wait ’til next year or maintain the Kafkaesque status quo in which healthy people are penalized for failing to do something which, for technological reasons, the government makes it almost impossible for them to do.

Sean Hannity dialed in to the 1-800 number touted by Obama as the solution to these “glitches.” Earline, the lovely woman who he was connected to, started out by telling them that she couldn’t do anything for him until he LOGGED INTO THE WEBSITE AND CREATED AN ACCOUNT. And, BTW, the site was going to be down for 48 hours and when it comes back up you have the best chances of getting in is if you try off-hours.

Does anybody think that these technological problems are going to be solved in the next two months?

Happy Nomad on October 21, 2013 at 5:46 PM

What am I missing here?

UnderstandingisPower on October 21, 2013 at 5:37 PM

You’re missing the quote I was shouted at “This is why you can’t deal with these people!!!11!! They will sacrifice the good because they can’t have perfect!!”

Al “Oil Can” Green, D TX-09, August 2010

I shut down his townhall by asking how do you pay for providing health services to 35 million for less money as promised.

DanMan on October 21, 2013 at 5:46 PM

If the six month enrollment is just a talking point then it is important to note that the entire law was just a throwaway applause line for some dumbass speech.

ted c on October 21, 2013 at 5:46 PM

I predict that by 2015 you’ll be seeing democrats taking of repeal due to the destruction that this law will cause. This is Obama’s WMD moment and even his most staunch allies are starting to realize it.

volnation on October 21, 2013 at 5:37 PM

I agree that the Democrats will be looking for ways to replace the law, all right. But they’ll replace it with single payer, which the Republicans will enthusiastically support.

Doomberg on October 21, 2013 at 5:48 PM

Maybe that’s ironic vindication for John Roberts: People are going to have to pay Uncle Sam to make this new boondoggle semi-viable, whether or not they’ve failed to comply with the law through no fault of their own. It’s a tax!

El Wrongo, AP. For the very reason that a “tax” (per SCOTUS) is assessed for a “failure” to purchase insurance, it is, like any conduct-based tax assessment, subject to invalidation on the grounds of “impossibility”. In other words, if it is not possible to actually make the purchase because of the government’s failure, a lawsuit could be brought to invalidate the assessment/enjoin the collection effort or the taxpayer could use the impossibility as a defense to any attempt to collect the tax.

TXUS on October 21, 2013 at 5:49 PM

Uh oh: Carney dodges question on whether individual mandate might need to be delayed

1-800-F1UCKYO” pretty much said it all.

ThePrimordialOrderedPair on October 21, 2013 at 5:49 PM

So, IOW, Obama will have needlessly shut down the government for 3 weeks when he could have just agreed with Ted Cruz in the first place.

crrr6 on October 21, 2013 at 5:38 PM

There’s a difference now. You never want to be the most senior person who is hiding bad news. Today’s little rant in the Rose Garden was the President of the United States lying his ass off about how bad things are. I can’t tell you how many comments I’ve heard about Obama meeting with everybody who actually signed up for Obamacare with those stupid props behind him.

If Obamacare is a “good product” why was today’s speech necessary?

Happy Nomad on October 21, 2013 at 5:49 PM

Have you guys seen the latest fix to healthcare.gov? (from ace)

neuquenguy on October 21, 2013 at 5:53 PM

Obama supporters dismayed at being unable to find Youtube video to blame.

BobMbx on October 21, 2013 at 5:54 PM

Have you guys seen the latest fix to healthcare.gov? (from ace)

neuquenguy on October 21, 2013 at 5:53 PM

Make sure you click on “Apply Now”

neuquenguy on October 21, 2013 at 5:55 PM

What’s ironic is all the people saying, “See, this is why we need single payer.”

BKeyser on October 21, 2013 at 5:55 PM

Have you guys seen the latest fix to healthcare.gov? (from ace)

neuquenguy on October 21, 2013 at 5:53 PM

Don’t click away too soon…..read the chyron.

BobMbx on October 21, 2013 at 5:57 PM

Make sure you click on “Apply Now”

neuquenguy on October 21, 2013 at 5:55 PM

LMAO!

BobMbx on October 21, 2013 at 5:58 PM

It’s the Death Spiral

There is a very good reason that they mandate cannot be delayed and the fines must be implemented.If the mandate or the fines are delayed, young healthy people will have no incentive to sign up until the final deadline which will starve the system of the funding it needs to cover all the unhealthy people who will want coverage immediately. And those young people might rightly reason that if the deadline is delayed once, it will likely be delayed again.

2nd Ammendment Mother on October 21, 2013 at 5:59 PM

what about all those people who have received cancel letters from insurance companies? or have had insurance through work dropped? will those companies just extend the coverage now? is it possible to do or will it be too costly since cancellations are in process at the moment?

chasdal on October 21, 2013 at 6:00 PM

What’s ironic is all the people saying, “See, this is why we need single payer.”

BKeyser on October 21, 2013 at 5:55 PM

I haven’t heard one person saying that. But I don’t frequent the dark holes where that would be expected. And BTW, a nation that can’t even set up a simple enrollment process (the easy part of Obamacare) is not ready for single payer.

Happy Nomad on October 21, 2013 at 6:05 PM

Hey, I heard Mitch McConnell has delayed the law for one year…

d1carter on October 21, 2013 at 6:05 PM

Who has the power to delay this law of the land..?

d1carter on October 21, 2013 at 5:29 PM

The dictator.

bgibbs1000 on October 21, 2013 at 6:06 PM

It’s the Death Spiral

There is a very good reason that they mandate cannot be delayed and the fines must be implemented.If the mandate or the fines are delayed, young healthy people will have no incentive to sign up until the final deadline which will starve the system of the funding it needs to cover all the unhealthy people who will want coverage immediately. And those young people might rightly reason that if the deadline is delayed once, it will likely be delayed again.

2nd Ammendment Mother on October 21, 2013 at 5:59 PM

Its a reverse Ponzi scheme, where the early participants don’t invest anything and expect great returns, and no one with cash buys into it later on.

BobMbx on October 21, 2013 at 6:06 PM

Jay Carney is Obama’s middle finger to America.

kcewa on October 21, 2013 at 6:08 PM

Oh God! Mitch McConnell on Special Report bashing Obamacare after selling out Ted Cruz as part of the establishment GOP’s attack on sanity. Plus he got billions from being a Judas.

Mitch McConnell has had three years to fight the situation we are in and as late as last week he did nothing. Primary his ass!

Happy Nomad on October 21, 2013 at 6:08 PM

I’m not sure how relevant the mandate actually is. It’s more likely to be the skyrocketing premiums and deductibles that prevent the healthy from purchasing insurance, thereby causing the death spiral.

obladioblada on October 21, 2013 at 5:26 PM

Ah, yes, that would be the “affordable” part of the Affordable Care Act.

HiJack on October 21, 2013 at 6:08 PM

No delay!

Make them own the whole mess before the 2014 elections!

cool breeze on October 21, 2013 at 6:13 PM

My premiums are going up 32% over 4 years. Affordable=less discretionary income? Right democrats?

Murphy9 on October 21, 2013 at 6:14 PM

Welcome to the world of “I don’t care if it’s a disaster, I don’t have to answer any questions, no one should be held accountable, and I’ll spend more money on it whether I’m authorized to do it or not.”

scalleywag on October 21, 2013 at 6:14 PM

Jay Carney is Obama’s middle finger to America.

kcewa on October 21, 2013 at 6:08 PM

And Ted Cruz is America’s middle finger to Obama.

HiJack on October 21, 2013 at 6:14 PM

Yes, Scott Brown winning will stall O’care…I mean the GOP taking back the house in 2010..sorry, the Sup Ct will repeal it….woops, I meant a Romney win…..THIS BEAST IS NEVER GOING TO DIE.

hillsoftx on October 21, 2013 at 6:15 PM

Welcome to the Website California
Such a lovely place, such a lovely face

What a nice surprise, bring your alibis

Last thing I remember, I was running for the door
I had to find the passage back, To the place I was before

“Relax, ” said the night man, “We are programmed to receive.
You can check-out any time you like, But you can never leave! “

faraway on October 21, 2013 at 6:16 PM

Have you guys seen the latest fix to healthcare.gov? (from ace)

neuquenguy on October 21, 2013 at 5:53 PM

That’s HILARIOUS! My whole family is laughing at it!

HiJack on October 21, 2013 at 6:18 PM

The BIGGER issue: DICTATOR OBOZO still thinks he can re-write laws at will to fit his political agenda.

IMPEACH HIM !!!!!!!!!!!!!!!!!!!!!!!!!!!!

TeaPartyNation on October 21, 2013 at 6:18 PM

I know Jay’s saying not to worry, but, hey, just in case …

http://www.rubio.senate.gov/public/index.cfm/press-releases?ID=b8ed9270-2a0a-49fb-9d3c-6e699056b397

Wise warning.

pambi on October 21, 2013 at 6:20 PM

Delay the decay.

Bmore on October 21, 2013 at 6:26 PM

It’s all good folks. The Tech Surge will bring the Obamacare Exchange from the disastrous NT 4.0 version up to the ME version.

dddave on October 21, 2013 at 6:34 PM

The good news is that we are now on a par with Zimbabwe,

wepeople on October 21, 2013 at 6:37 PM

Barack Obama the Speech Reader….

Never before in the history of the world that the act of speech reading alone has raised such an utterly incompetent fool to the most powerful position in history…

mnjg on October 21, 2013 at 6:39 PM

It’s all good folks. The Tech Surge will bring the Obamacare Exchange from the disastrous NT 4.0 version up to the ME version.

dddave on October 21, 2013 at 6:34 PM

I can’t wait for Obamacare Vista!

Good Solid B-Plus on October 21, 2013 at 6:39 PM

SOLUTION FOUND!!!!!

Ever wonder where the billions of 56k modems that AOL bought and then trashed as cable took over the internet?

Guess…….

BobMbx on October 21, 2013 at 6:40 PM

SOLUTION FOUND!!!!!

Ever wonder where the billions of 56k modems that AOL bought and then trashed as cable took over the internet?

Guess…….

LOL…..I can actually hear the dialup every time you answer a question.

dddave on October 21, 2013 at 6:44 PM

I can’t wait for Obamacare Vista!

Good Solid B-Plus on October 21, 2013 at 6:39 PM

Isn’t that the point where we sign up for Obamacare and get “help” from HealthCare.Gov.

If you like healthcare, you might be interested in these other programs…….

Happy Nomad on October 21, 2013 at 6:46 PM

We have a high deductible HSA and the new premiums, even if we never set foot in a doctors office are….wait for it….almost $20k year. I talk t other self-employed’s and they’re seeing (and saying) the same thing. If responsible folks like us are considering dropping coverage and paying the fine then there’s no way a wave of youngsters will shell out thousands in the off chance they need insurance. I predict that by 2015 you’ll be seeing democrats taking of repeal due to the destruction that this law will cause. This is Obama’s WMD moment and even his most staunch allies are starting to realize it.

volnation on October 21, 2013 at 5:37 PM

If you’re healthy and you use a combination of what remains of HSA’s and personal savings to put aside several hundred dollars a month, you’re probably financially ahead of the game. And for years with minor health care needs, you end up with a nice savings plan.

You are self-insuring and you do run the risk of falling short if you have a catastrophic year. But, auto insurance may pay for medical care from an accident and the prohibition of pre-existing condition clauses means that you’ll have a chance to enroll for insurance the following year.

Besides, who the heck can afford $20k/year in premiums?

obladioblada on October 21, 2013 at 6:50 PM

Steve Case, former AOL CEO, is mailing out billions of ObamaCare CDs to households across America.

faraway on October 21, 2013 at 6:53 PM

Steve Case, former AOL CEO, is mailing out billions of ObamaCare CDs to households across America.

faraway on October 21, 2013 at 6:53 PM

New, Improved Obamacare Program Released On 35 Floppy Disks

obladioblada on October 21, 2013 at 7:02 PM

Have you guys seen the latest fix to healthcare.gov? (from ace)

neuquenguy on October 21, 2013 at 5:53 PM

as soon as i catch the “apply now” button, i’ll have access to a great insurance plan!! i’m so excited!!

Sachiko on October 21, 2013 at 7:13 PM

A little math….

If they have to rewrite 5 million lines of code by Nov. 1, they’ll have to rewrite 5.8 lines of code per second.

Type faster, monkeys.

MichaelGabriel on October 21, 2013 at 7:14 PM

Terrific satire!

http://youngcons.com/the-onion-new-improved-obamacare-program-released-on-35-floppy-disks/

I think I used floppy disks about thirty years ago.

INC on October 21, 2013 at 7:33 PM

The mechanics of non-compliance need to be scrutinized. It appears to me that there’s a death spiral accelerator built into this law. Here’s what I mean:

A young invincible (YI) decides to not buy insurance, thus not adding their premium into the insurance companies risk pool.

In response, the IRS forces the YI to pay the penalty “tax”.

This penalty transfers money from the YI to the US treasury, who will use it for who-knows-what.

No money goes to the insurance company, correct? Thus reducing the funds they have to pay healthcare claims of those who did buy policies.

Could this possibly be the way it will work? I can’t see how else it would work. Just imagine the infernal howling that would emanate from progressives if someone proposed that the feds return this tax to the insurance companies to cover their losses.

Thus, the death spiral will hit the insurance companies more quickly and more powerfully than most are assuming.

OneArmPaperHanger on October 21, 2013 at 7:58 PM

And Ted Cruz is America’s middle finger to Obama.

HiJack on October 21, 2013 at 6:14 PM

Ted Cruz is America’s swift kick in 0bama’s tiny balls.

CurtZHP on October 21, 2013 at 8:21 PM

If the problems persist, then they can establish a process whereby people can apply for exemption on a case-by-case basis, so that people in states with successful state-based exchanges might be charged the penalty, while those on the federal exchange might not.

That option is foreclosed by the Apportionment Clause.

blammm on October 21, 2013 at 8:38 PM

Oh hell no. You kicked vets out of memorials to keep your mandate. You want to get rid of the mandate now? Repeal the law.

Ronnie on October 21, 2013 at 8:56 PM

If the site remains unworkable on the back-end for another month, insurers won’t be able to process the crush of enrollments in late November and December as people scramble to sign up for coverage by January 1.

Eckxspecially since the insurance firms are forbidden by law from exceeding 10% overhead, like hiring temp overtime workers to process screwed up enrollment claims. You know, just another aspect of Obamacare designed to look out for you, the little guy…

Obama has screwed up so much of the economy, I have now tipped over to believing that we will not recover when he leaves. I am only slightly encouraged by thinking of his actual historical legacy.

DublOh7 on October 21, 2013 at 9:11 PM

Either delay the whole thing and tell the sick to wait ’til next year

Probably too late for that. Lot’s of people are enrolling in plans for 2014, either individually or through their employers, which have removed the pre-existing condition ban as required by Obamacare. Scrapping Obamacare itself would eliminate the requirement, but if they’ve already signed up for the plans, it seems like it would be hard or impossible, legally and/or from a PR perspective, to change the terms.

My employer’s open-enrollment period for 2014 is the month of October. So by the end of next week, just about everyone here will be signed up for a plan that does not exclude pre-existing conditions.

As for individual plans, I bet that a lot of sick people who aren’t eligible for the subsidies are probably signing up directly through the insurance companies right now, for plans whose terms do not exclude their illness from coverage.

Maybe RWM or someone can comment on this – do the insurers have any legal way out if the sick person has already signed up when the law is repealed?

RINO in Name Only on October 21, 2013 at 9:58 PM

If the site remains unworkable on the back-end for another month, insurers won’t be able to process the crush of enrollments in late November and December as people scramble to sign up for coverage by January 1.

Obama will figure this out: It will be the fault of the evil insurance companies, yet again. They make excess profits and cannot even be there when needed by the American people. After all, haven’t those insurance companies had 3 years to get ready for this?

GaltBlvnAtty on October 21, 2013 at 10:09 PM

…some day…I would like to see a reporter…just go up and b!tch slap Jay Carney!

KOOLAID2 on October 21, 2013 at 10:13 PM

“A little math….

If they have to rewrite 5 million lines of code by Nov. 1, they’ll have to rewrite 5.8 lines of code per second.

Type faster, monkeys.

MichaelGabriel on October 21, 2013 at 7:14 PM”

LOL! That’s RAAAAACIST!!!!

Those poor Indians in the call centers who can barely
speak proper English are also busy dealing with
Verizon customers who can’t understand them over
the VOIP. Other Verizon customers can confirm this I’m sure.
I love the Indians, but to say that they speak English
is like saying that all of your cats can bark.
Some of them are very good at it. Others, not so much…
Either way, I’m not giving my SSN and other info to
a call center in India.

shorebird on October 21, 2013 at 11:35 PM

If Obama is forced to delay the law he would be vindicating everything the Republicans warned about. Republicans will have a field day with it. That’s why he’ll never do it.

HotAirian on October 21, 2013 at 5:29 PM

Pride goeth before destruction, and an haughty spirit before a fall.

Here’s to Obamacare’s destruction, and to the rapid fall of Obama.

Sterling Holobyte on October 22, 2013 at 9:44 AM