Boehner: Is Obama’s “administrative fix” to ObamaCare even legal?

posted at 2:11 pm on November 14, 2013 by Allahpundit

Is it? I feel weird asking the question because O-Care already entered a, shall we say, “post-legal phase” after Obama decided he had the power to unilaterally delay the employer mandate based on nothin’ more than his own good, ass-covering intentions. If King Barack wants to issue a proclamation declaring that insurers can bring back canceled plans, well, there you go. He’s certainly got a better case for executive authority here than he did in suspending the employer mandate: One of the damning facts about the millions of cancellations is that they were compelled by regulations written by Obama’s own HHS, not passed as part of the statute by Congress when the law was enacted in 2010. HHS wrote the regs narrowly because it wanted mass cancellations — that was a key way to force middle-class healthy people with cheap coverage into the more expensive exchanges. If the president wants to relax those rules, even though it’s a total clusterfark for the insurance industry, hey. That’s what they get for trying to do business with this harebrained chump.

Here’s what they’re looking at now, thanks to Obama’s and his party’s cowardly refusal to stand by the new insurance regime they’ve created. Bob Laszewski:

This means that the insurance companies have 32 days to reprogram their computer systems for policies, rates, and eligibility, send notices to the policyholders via US Mail, send a very complex letter that describes just what the differences are between specific policies and Obamacare compliant plans, ask the consumer for their decision–and give them a reasonable time to make that decision–and then enter those decisions back into their systems without creating massive billing, claim payment, and provider eligibility list mistakes.

All by January 1.

And if they don’t get it done, Democrats will run to the podium to claim that they did everything they to bring back canceled plans but the bloodsuckers in the industry who helped make their dream of a giant insurance boondoggle come true failed America at the last minute. The more I think about it, though, the more I think Philip Klein’s right: It’s really too late to pass the buck on this, isn’t it? Even if people buy this bogus attempt to scapegoat insurers, there’s no getting around the fact that the new regime is a Democratic production from stem to stern and that it’s a giant cock-up, even if some segment of the cancellations are undone. That’s the political significance of the website: If that was running smoothly there’d still be agita over the cancellations, but it’d be much easier to claim that insurers are the weak link in the ObamaCare chain. If people were enrolling en masse, O might even feel sufficiently emboldened to tell those with cancellations that he feels their pain but that the robust, healthy risk pool on the new exchanges means that premiums might very well drop next year. He can’t do any of that now; the stink of incompetence from Healthcare.gov is too foul for him to play this off as some insurance-industry conspiracy. And in fairness to him, he didn’t press too hard on it at today’s trainwreck press conference. “That’s on me,” he said of the cancellations. There you go, RNC ad team.

Update: Via the Standard, skepticism over O’s legal authority for the fix is now bipartisan.


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I wonder what would happen if/when it gets so bad the dems start calling for impeachment. What would rinos do besides immediate incontinence?

onomo on November 14, 2013 at 4:02 PM

The PPACA has very specific dates for these provisions to take effect, there is no wiggle room in them.

And as I’ve been saying since before the pointless shutdown, there can be no delays in the mandate. Neither can there be these zombie policies brought back to life. It’s not even “only” because of the law.

It is because of the money.

All those new Medicaid patients are now on the dole, and the sicker and older people are trying to sign up on the exchanges. Tax credits will go out to those with incomes up to 400% of the poverty line, and insurers’ losses over 3% will be subsidized by the federal government. This costs money, lots of it, and was supposed to be paid for by all the people signing up for the exchanges – the young people due to the mandate, and those who lost their coverage because it no longer qualifies.

Even the Obama Administrations acknowledged they MUST have 2.7 million or more of those people, healthy but now paying virtually double premiums (for comparable coverage to what they had or could have bought) to subsidize the rest. It was probably a low estimate anyway.

BUT without those premiums coming in, the whole thing is a fiscal disaster. Billions in red ink added to the deficit, but there is no provision in law for it because it wasn’t supposed to happen.

THERE IS NO “FIX.”

It is repealed in its entirety, or it just crashes and burns.

Adjoran on November 14, 2013 at 4:02 PM

IMPEACH

workingclass artist on November 14, 2013 at 4:09 PM

obama, the fly catching Fraud in Chief, doesn’t care what’s legal.

But he is mentally and physically sick. Just take a gooood look at him. The media are not even reporting on his speech today.

Schadenfreude on November 14, 2013 at 4:10 PM

Washington State says they will not allow Preezy’s Administrative Fix in their state…

OOF!

workingclass artist on November 14, 2013 at 4:10 PM

Gov. Rick Perry issued the following statement regarding President Barack Obama’s announcement today on Obamacare:

“This is a staggering display of a reckless president cavalierly instructing states to ignore federal law. President Obama is shifting the blame by saying it’s up to states and state insurance commissioners to fix the massive problem his signature law has created for millions of Americans who are losing their health insurance. President Obama did succeed at one thing today: making a bad situation worse with a ‘fix’ that will create more confusion for consumers and threatens to destabilize the health insurance industry. Obamacare is an abject failure; it’s time to overturn this ill-conceived, job-killing nightmare that ultimately will bankrupt this country.”

http://governor.state.tx.us/news/press-release/19090/

workingclass artist on November 14, 2013 at 4:12 PM

I am all for Obama unilaterally doing this, rather than having Republicans vote to tie themselves to the albatross just as it is over the Marianas Trench.

astonerii on November 14, 2013 at 4:13 PM

I thought our President had been some sort of Constitutional professor .. or whatever.

Does anybody know which constitution he is working from ? .. which country ?

J_Crater on November 14, 2013 at 4:21 PM

No, its not legal. So, its time for impeachment. Yeah, I know it won’t fly in the senate, but so what. It didn’t fly in the senate for Clinton either, but he is still walking around as the last president that was impeached.

Mirimichi on November 14, 2013 at 4:22 PM

This means that the insurance companies have 32 days to reprogram their computer systems for policies, rates, and eligibility, send notices to the policyholders via US Mail, send a very complex letter that describes just what the differences are between specific policies and Obamacare compliant plans, ask the consumer for their decision–and give them a reasonable time to make that decision–and then enter those decisions back into their systems without creating massive billing, claim payment, and provider eligibility list mistakes.

All by January 1.

Under whose authority must these letters be generated? Is a speech by POTUS now enough to create requirements within the private sector?

Folks, thats what a tyrant expects.

BobMbx on November 14, 2013 at 4:26 PM

Under whose authority must these letters be generated? Is a speech by POTUS now enough to create requirements within the private sector?

Folks, thats what a tyrant expects.

BobMbx on November 14, 2013 at 4:26 PM

Would not matter regardless, they would also have to negotiate with and sign contracts with providers in that period of time, and that just is not possible. It just will not happen. And it is not a demand, it is opening the option.

astonerii on November 14, 2013 at 4:30 PM

Questions we need to ask Presidential candidates:

Do you have any “executive experience” ?

The courts have said I can have privacy in all matters where I can expect privacy. When can I expect privacy ?

Give an example of how you work with those whom you don’t agree with.

J_Crater on November 14, 2013 at 4:31 PM

My guess is there is an inordinate amount of chicken bone readin’ going on right now in every Democrat caucus.

Polling and focus group companies working overtime to find some way to spin individual members out of this quagmire.

BobMbx on November 14, 2013 at 4:31 PM

And it is not a demand, it is opening the option.

astonerii on November 14, 2013 at 4:30 PM

What federal statute provides for such an option? Can Obama simply make paying federal taxes an “option” by making a speech and saying so?

BobMbx on November 14, 2013 at 4:33 PM

Boehner is the most worthless meatbag we’ve ever had as a R Speaker. Anyone that voted to keep him as Speaker should be primaried. Period.

Mr. Arrogant on November 14, 2013 at 4:40 PM

What federal statute provides for such an option? Can Obama simply make paying federal taxes an “option” by making a speech and saying so?

BobMbx on November 14, 2013 at 4:33 PM

Yes, yes he can. He has been doing it repeatedly over his entire term in office.
No, it is not constitutional.
Who is going to stop him?
To answer that question: Obama could nuke China while placing the entire Pacific Fleet in direct aim of their anti ship missiles without warning and still remain president.
In other words. Obama can do anything he wants because he is the first half black Marxist President of the United States of America(PERIOD)!

astonerii on November 14, 2013 at 4:46 PM

King Barack has spoken! Get with the program! King Barack’s pronouncements ARE THE LAW!

GarandFan on November 14, 2013 at 4:47 PM

Kinda reminds me of Barry’s mystifying jackassery regarding Syria and Benghazi.

He is a stumbling, bumbling, Marxist buffoon and needs to be publicly mocked for the nonsensical jibber jabber he is spewing. He even has the hard line communists in China worried. They don’t want him on their side either.

Our only hope is the press will finally do their jobs but they are already way too vested now for that to ever happen.

King Barry will have to publicly implode. And won’t that be sweet.

DeweyWins on November 14, 2013 at 4:58 PM

Living easy, living free
Season ticket on a one-way ride
Asking nothing, leave me be
Taking everything in my stride
Don’t need reason, don’t need rhyme
Ain’t nothing I would rather do
Going down, party time
My friends are gonna be there too
I’m on the highway to hell
No stop signs, speed limit
Nobody’s gonna slow me down

J_Crater on November 14, 2013 at 5:07 PM

So who is going to step in and stop the illegalities of The Lying Sack of America? His behavior here is no small thing. This goes to the root of our system.

Mason on November 14, 2013 at 5:14 PM

Comment on:
He “fixed” nothing. He is simply delaying enforcement of the law to get through the mid-terms. At the end of the year we’ll be right back where we started from. The insurance companies are bound by the law and must follow it. Obama is a con artist and is turning this entire country into a jerk-screw operation second only to “never never land”.

rplat on November 14, 2013 at 5:25 PM

Is it? I feel weird asking the question because O-Care already entered a, shall we say, “post-legal phase” after Obama decided he had the power to unilaterally delay the employer mandate based on nothin’ more than his own good, ass-covering intentions

Obama did a good number with dream actors too. Boehner wasn’t complaining on that one.

That’s the problem with anarchy oligarchy Once rule of law is dropped as inconvenient, it just becomes a feeding frenzy of the top feeders

The one point you dont hear from DEMS or RINOS: rule of law.

Nasty tea party keeps throwing it in their faces

entagor on November 14, 2013 at 5:32 PM

The only people I know who claim to have voted for this jackass’s re-election, also claim to be socialists.

Jaibones on November 14, 2013 at 5:38 PM

Yes, I know that it is a PuffHo link, but the gall of Pelosi in this piece is absurd.
http://www.huffingtonpost.com/2013/11/14/nancy-pelosi-john-boehner_n_4275354.html

onlineanalyst on November 14, 2013 at 5:48 PM

Now would be an apt time for Joe f-n deal to chime in with more profanity.

AltTuning on November 14, 2013 at 6:31 PM

It’s really too late to pass the buck on this, isn’t it?

With the Cantor Question and his “8-9 million” response on tape, he had no way out.

No, will somebody finally release the Khalidi tape at the LAT and his panel appearance on the Chicago stage with Studs Terkel?

That would lose him the non-public sector black community and get his numbers to 30.

budfox on November 14, 2013 at 6:41 PM

Willy Nilly. We hired a friggin amateur. Good job America!

CWchangedhisNicagain on November 14, 2013 at 7:11 PM

NO its not legal.

But when do these assholes in the whitehouse care about the law?

Do they enforce immigration law?

Do they enforce federal gun laws?

TX-96 on November 14, 2013 at 7:13 PM

NO its not legal.

But when do these assholes in the whitehouse care about the law?

Do they enforce immigration law?

Do they enforce federal gun laws?

TX-96 on November 14, 2013 at 7:13 PM

Yep; the REB pretty much pulled all that DREAM crap out of his butt.

slickwillie2001 on November 14, 2013 at 9:03 PM

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