health care reform
It seems all but certain that Republicans will repeal as much of Obamacare as they can through the reconciliation process that only requires 51 votes in the Senate instead of the normal 60 votes required for cloture of any issue. However, to take advantage of that process, the items need to be revenue related. Certainly, that is not an insignificant piece of the legislation.
The Section 1557 Non-discrimination regulations for the ACA were released in May, and the carriers are releasing their notices and interpretations of the regulations. I guess this is one of those "hidden easter eggs" in Obamacare that no one discussed, voted on, or even thought about WAY WAY back in 2010 when the law passed. You remember 2010, right?
In the Pixar/Disney movie Finding Nemo, a major plot device is the extremely short-term memory of a fish named Dory (indeed, it looks like the sequel, Finding Dory will almost entirely revolve around this faspect of Dory's personality). It is often hilarious that Dory can't remember something she just learned or was just told.
This WSJ editorial on The Slow Motion Implosion of Obamacare is worth your time. It details the practical realities of why enrollments have stalled and the ACA is not living up to its promises. Surprise, surprise!.
A small portion of the ACA was quietly repealed last week. The provisions that require the definition of a "small group" under the ACA to expand to any group under 100 in 2016 were repealed. The President has indicated thate he will sign the bill.
Remember Jonathan Gruber? Yeah, neither does the SCOTUS. Jonathan Gruber was the Obamacare architect that made it clear to everyone that would listen at the time of the law's passage and thereafter (at least until it became politically inconvenient) that the absence of subsidies through the federal exchange WAS A FEATURE not a bug of the law. See our coverage of Mr.
6-3 is not even close when it comes to the SCOTUS. Both Justice Roberts and Justice Kennedy held that despite the language of the statute, subsidies are available through the federal exchange. I am sure there will be plenty of analysis to go around. The bottom line is that by this decision nothing has changed. "You can go about your business. Move along . . . move along."
Doug Schoen at Forbes.com thinks he has found a bit of insight in how SCOTUS will decide King v. Burwell. While we are all speculating, it is worth a read. His key points come from a decision released last week in which the justices sounded off on whether the objeective of a statute may supercede its text.
This month either Obamacare will be sustained once again by the Supreme Court of the United States or it will see a major setback. Which one will it be? Who knows? We know the following and not much more: 1. 4 justices will uphold the law as written which will mean big trouble for the subsidies provided to individuals through the federal exchange and 2. Justice Roberts will be in the majority.