Why American’s Who Have Gotten Cancellation Notices Should Not Rejoice Just Yet


He did it again!Obama Cancel

On November 14, President Obama, unilaterally, made changes to the PPACA without congressional approval.

This is not the first time he has done this.  In 2011 he suspended all work on Title VIII of the law without congress’ permission.  It was not until Dec. 2012 that he finally allowed congress to officially repeal that part of the PPACA since he had already determined that it would not be implemented.

In July, 2013 he unilaterally, decided to delay the Employer Mandate for an extra year.  At the same time, he announced that there would be no S.H.O.P. exchange in which American workers would be able to claim all of the benefits that the PPACA guaranteed they would have by 2014.

This time he had to bow to pressure from politicians in his own party and require HHS to build a S.H.O.P. exchange.  Unfortunately, the exchange they built does not give American workers the same freedom to choose their benefits that were promised them in 2010.

Last Thursday, without consulting all of congress, Mr. Obama announced, in a press meeting, that insurance companies could continue to offer older, non-compliant health insurance policies to people who were already enrolled.

Once again he showed his contempt, or ignorance for congress and state law.

CONGRESS

When Obama got what he wanted in 2010, both houses of congress were controlled by his Democratic Party.  That meant that his personal toadies, Harry Reid and Nancy Pelosi, were able to use their political power to cajole both senators and representatives to pass a questionable law on March 23, 2010.

Eight months later, the American public decided that they did not like the idea that Nancy Pelosi was Obama’s puppeteer in the House of Representative.  They changed the balance of power in the House.

Since then, Mr. Obama has not been able to just snap his fingers and get whatever he wants.  Ever since the election of 2010, Mr. Obama’s decisions about Obamacare have ignored congress.

The problem is that outside of congress, Mr. Obama’s ability to make changes is limited.  I do not understand why someone who claims to be a constitutional lawyer does not understand that his job, as Chief Executive, is not to make laws but to enforce the laws made by congress.

(The president is able to define the rules that are to be followed when enforcing the desire of congress but they are not allowed to alter the decisions made by congress.)

When he suspended work on Title VIII, the new congress bailed him out with legislation.  The same thing happened this past July.  A couple of days after he announced that the Employer Mandate would be delayed by one year, congress passed appropriate legislation that protected him from the charge of ignoring the will of congress.

One would think that an intelligent human would be able to learn that the president is not a dictator.  Changes to a law from congress, need to be approved by congress.  It may not be as easy, in 2013, as it was, in 2010, to manipulate members of congress, but before a law can be changed, it must be done.

I take Mr. Obama’s “Administrative Fix” as a personal insult.  In my opinion, every American, Republican, Democrat or Independent should also be insulted.

The House of Representatives is also called The People’s House.  The 435 members of that group are not just politicians.  They represent the American people.  When we send them to D.C., they have our permission to express our opinions and act as proxies for us with their votes.  Representatives were never designed to be minions of the President.

By offering his “Administrative Fix,” and by-passing congress, Mr. Obama implied, to me, that he only cares about my opinion as long as I agree with him.  If I, through my congressional representative, have the audacity to disagree with him, he is willing to ignore me.

STATE LAW

The purpose and make-up of congress is not the only issue that the “constitutional lawyer” showed either ignorance or contempt for with his “Administrative Fix.”  He also showed that he considers his own political issues more important than state laws that have existed for decades.

Most, if not all, states already have laws that require insurance companies to collect enough money each year to pay for all the health care bills they will get from their members.

Obamacare mandates that medical underwriting be done away in January, 2014.  After January 1, 2014, insurance companies may no longer charge applicants, based on the probabilities of them needing medical care in the coming year.

Insurance companies have been working on developing and pricing plans for 2014 in light of the new guaranteed issue laws.  The older plans, that were canceled, had premium prices based on the old system, when insurance companies were allowed to set their prices according to people’s risk of needing medical care.

In order for them to continue policies in 2014, under the new law, they will need to adjust their premiums on January 1.  That means that while the Obama’s are taking their annual Hawaiian vacation, regulators in the Departments of Insurance in the states that choose to cooperate with Mr. Obama, will need to approve new rate structures for every health insurance plan that is presented, in a manner of weeks, when they normally take months to review an insurance company’s submitted rates.

As of this morning only 5 states, Florida, Texas, Ohio, Kentucky and North Carolina have given insurance companies permission to reinstate cancelled health insurance policies.  Three states have already said that they will not accept the president’s offer.  The other 42 states are still undecided.

Before people who have gotten cancellation notices from their health insurance companies get too excited, they need to remember.

Administrative Fix

Advertisements