were privately operated? Would that solve the litigation issue? Federal and state agencies could outsource, and if necessary sell assets, to private firms who actually have the skills and competencies to build and operate such exchanges.
And who is this intrepid poster? He needs to be outed and publicly shamed for taking advantage of Obamacare. I mean, the horror of millionaires getting subsidies.
As if Obamacare didn’t have enough problems, we now learn that health insurance subsides most certainly are illegal when granted on federal exchanges. Turns out that Obamacare actually provides that subsidies are available only if health insurance is purchased “through an exchange established by the state.”
This provision was placed in the law to provide an inducement for states to set up their own exchanges. But few noticed this key provision the night the vast Obamacare law was passed.
When the IRS figured out the problem, they swept it under the rug by enacting a regulation that effectively authorized subsidies on the federal exchange. But you can’t do it that way – the IRS is just an agency and cannot pass regs that contradict the statute.
So a new wave of litigation is starting in an attempt to get a court to say subsidies on the federal exchange are illegal. This, of course, would create chaos for the federal exchange quotes and insurance policies which currently factor in subsidies if you can ever get thru.
And what of our intrepid poster who is hawking a “subsidies for millionaires” business in California, where we have a state exchange? He doesn’t have anything to worry about since this a state exchange, right? Wrong. I want a refund. Read my lips – equal protection of the laws. Congress can’t give tax money to California insurance buyers and deny it to those in Texas where we have only a federal exchange, unless there is a rational basis for the decision. I sure don’t see one. So if the fed exchange subsidies are declared illegal and Congress does not patch it – are you listening Ted Cruz – the subsidies on the state exchange will likely fall as well.
The result –Obamacare chaos
with the question of whether subsidies may be granted on the federal exchanges, a question SCOTUS has not addressed.
were privately operated? Would that solve the litigation issue? Federal and state agencies could outsource, and if necessary sell assets, to private firms who actually have the skills and competencies to build and operate such exchanges.
And who is this intrepid poster? He needs to be outed and publicly shamed for taking advantage of Obamacare. I mean, the horror of millionaires getting subsidies.
I would use the word "entreprenuer", but I absolutely hate that fucking term.
that to allow for the subsidies, the exchanges could not be operated by the government. The exchanges would have to be outsourced to anybody that RRO2610 hates, and the -800- that Obama referenced today, would be answered by some $2 an hour guy in India or the Philippines.
I really don't care what people call me, just as long as they spell my name correctly on the check. And of course my banker calling me Mr. St. Croix.
language of the statute says subsidies are only available in “exchanges operated by the states,” -as opposed to a prohibition against the fed gov - so I would think that an exchange outsourced by the federal government to a private company would still run afoul of that language.
Hearing on the first case tomorrow, so you will be reading about this in the news. If the court agrees the IRS reg is void, you will see an immediate appeal and eventually to the Supreme Court unless Congress steps in and amends the statute. But that intrepid poster better hold off on his IPO until we get so clarity here
Probably not totally germane to Obamacare, though someone in the GOP decided to inject a possible felon and founder of McAfee Anti-Virus software into the subject.
Actually mari, forget about the text of the article. Just scroll down until you see John McAfee with 3 hot chicks. This is really funny. Now, he pulls out a gun at the 3:50 mark, but try to overlook that part. Enjoy!
http://www.cnbc.com/id/101128689
P.S. Put the top video on mute as that video will load automatically. Don't want 2 videos playing at the same time.
-- Modified on 10/21/2013 6:58:49 PM
If they just went with single payer, we wouldn't have any of these problems.
They should have instead trying to compromise with Repubs who were not going to anyway.
Congress was not going to approve a single payer plan. They couldn't even get a public option included. The ACA is not perfect but it's better than the TEA Party/GOP plan of NOTHING!