Today’s Wall Street Journal posted an article about another problem that has surfaced as we approach the implementation of ObamaCare. The problem is major–the Obama administration is attempting to rewrite the law without the aid of Congress.
The article reports:
The law encourages states to create health-insurance exchanges, but it permits Washington to create them if states decline. So far, only 17 states have passed legislation to create an exchange.
This is where the glitch comes in: ObamaCare authorizes premium assistance in state-run exchanges (Section 1311) but not federal ones (Section 1321). In other words, states that refuse to create an exchange can block much of ObamaCare’s spending and practically force Congress to reopen the law for revisions.
Please do not assume that I fully understand what this means–I don’t. What I do understand is the ObamaCare is bad law, ultimately very expensive law, and needs to go away.
It gets even more complicated. The article further reports:
The Obama administration wants to avoid that legislative debacle, so this summer it proposed an IRS rule to offer premium assistance in all exchanges “whether established under section 1311 or 1321.” On Nov. 17 the IRS will hold a public hearing on that proposal. According to a Treasury Department spokeswoman, the administration is “confident” that offering premium assistance where Congress has not authorized it “is consistent with the intent of the law and our ability to interpret and implement it.”
Such confidence is misplaced. The text of the law is perfectly clear. And without congressional authorization, the IRS lacks the power to dispense tax credits or spend money.
The battle for Obamacare has just begun.