Posts tagged with: Patient Protection and Affordable Care Act

contraceptive-mandateWhen is a religious group not religious enough for the government? When it conflicts with the government’s agenda.

After the launch of Obamacare, the Department of Health and Human Services (HHS) had to determine which employers would get a religious exemptions to the their contraceptive mandate. Instead of relying on factors such as an employer’s religious character, they chose instead to rely on tax law.

This was a rather peculiar decision since, as Carrie Severino notes, “Throughout the long history of taxation in the United States, the tax-writing committees of Congress have generally tried to avoid entangling the Internal Revenue Service in First Amendment religious considerations.” Peculiar, but not accidental. Through the Freedom of Information Act Severino obtained internal government emails that revealed the Obama administration debated how to exclude certain religious organizations from the mandate:
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government_is_the_problem_poster-r60410fd507e74984b86adfb78cccb9fd_a3l0_8byvr_324What is the worst problem facing America? According to a recent Gallup poll, most Americans agree with former President Reagan, who said government is not a the solution, government is the problem.

An average of 16 percent of Americans in 2015 mentioned some aspect of government—including President Obama, Congress, or political conflict—as the country’s chief problem. The economy came in second with 13 percent mentioning it, while unemployment and immigration tied for third at 8 percent.

While government takes the top slot, that’s still an answer given by fewer than one in five citizens. We can’t even seem to come to a consensus about our biggest problems. Indeed, 2015 is only the second time since 2001 (2014 was the other year) that no single issue averaged 20 percent or more for the year. Rather than being focused on a single issue, there is a broad range of concerns troubling us; more than a dozen issues received 2-6 percent of the vote for worst problem.
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bloated uncle samHead Start doesn’t work. More people than ever are now on food stamps. Medicaid is staggering under the weight of its own bloat. Why are we continuing to fund bad programs?

This is what Stephen M. Krason is asking. Such programs keep expanding:

There has been a sharp increase in the food-stamp and Children’s Health Insurance programs. Obama has proposed more federal funding for Head Start and pre-school education generally, job training for laid-off workers, and Medicaid. In fact, the Affordable Care Act (“Obamacare”) has bloated the Medicaid rolls. He is even seeking free federally subsidized community college education. I have seen numbers ranging from 79 to 126 federal programs aimed at reducing poverty and an annual price tag of $668 to $927 billion.

The question is: are we getting our money’s worth? Krason says absolutely not. (more…)

What just happened with Obamacarehealthcaregov site?

In a two-to-one decision, the U.S. Court of Appeals for the District of Columbia Circuit dealt a serious blow to Obamacare by ruling the government may not provide subsidies to encourage people to buy health insurance on the new marketplaces run by the federal government.

What did the court decide?

Section 36B of the Internal Revenue Code, enacted as part of the Patient Protection and Affordable Care Act (Obamacare) makes tax credits available as a form of subsidy to individuals who purchase health insurance through marketplaces—known as “American Health Benefit Exchanges,” or “Exchanges” for short.

This provision authorized low-income Americans to receive tax credits for insurance purchased on an Exchange established by one of the fifty states or the District of Columbia. (The credits were for household incomes between 100 and 400 percent of the federal poverty line.) But the Internal Revenue Service interpreted the wording broadly to authorize the subsidy also for insurance purchased on an Exchange established by the federal government.

The court ruled that a federal Exchange is not an “Exchange established by the State,” and section 36B does not authorize the IRS to provide tax credits for insurance purchased on federal Exchanges.

Can you explain that without the legalese?
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Last week was a busy one, news-wise, and this may have slipped by you. Suddenly, 4.5 million people in the 5 U.S. territories (American Somoa, Guam, Northern Mariana Islands, Puerto Rico and the U.S. Virgin Islands) are now exempt from Obamacare. Just like that.

What’s the story? Obamacare costs too darn much, and insurance providers were fleeing the U.S. territories, leaving many without insurance or at least affordable insurance. These territories have spent the last two years begging to get out from under this law, only to be told the Department of Health and Human Services

has no legal authority to exclude the territories” from ObamaCare. HHS said the law adopted an explicit definition of “state” that includes the territories for the purpose of the mandates and the public-health programs, and another explicit definition that excludes the territories for the purpose of the subsidies. Thus there is “no statutory authority . . . to selectively exempt the territories from certain provisions, unless specified by law.”

Laws, let us remember, are made by Congress. Unless they’re not. For instance, last week, the Department of Health and Human Services said they’d reviewed the situation and

the territories will now be governed by the “state” definition that excludes the territories for both the subsidies and now the mandates too. But the old definition will still apply for the public-health spending, so the territories will get their selective exemption after all.

As the Wall Street Journal notes, there seems to be some elasticity in the White House’s definition of “state.” And, may I add, some elasticity in the democratic process, the Constitution and rule of law. Perhaps a review via Schoolhouse Rock will help.

hospiceI don’t know anyone who doesn’t believe that hospice is a good idea. The medical and emotional support offered by hospice workers to the terminally ill and their families is invaluable. And thanks to the Affordable Care Act, hospice is going away. Michigan Hospice of Holland is closing their doors. Their executive director explains:

The biggest issue under the Affordable Care Act is…that we’re going to see cuts in reimbursement- it’s going to be at least 12 percent. We projected out what those cuts are going to do to the organization long term and we realized that in a short period of time, we’re going to be pulling money from our savings in order to keep the house open…”

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eat the richThe rich get richer and the rest of us…well, we struggle along. Shouldn’t those with more money be spreading it out a bit more? My coffers clink with spare change; I sure could use some of that money. It only seems fair, right?

Peter Morici, at Breitbart News, tackles the truth of income inequality. Those of us in the “rest of us” category are getting crushed by monopolies, unjust taxation, and political corruption. That, Morici says, is the truth of income inequality. It’s so bad that Vermont Senator Bernie Sanders (I) compared our situation to that of Russia, and a lot of folks nodded their heads in agreement.

Vermont Senator Bernie Sanders (I) recently asked Federal Reserve Chairwoman Janet Yellen “are we still a capitalist democracy or have we gone over into an oligarchic form of society in which incredible economic and political power now rests with the billionaire class?”

Russia’s oligarchy has two salient characteristics. The government uses its power to regulate markets to concentrate wealth in the hands of an influential few, while most of its citizens stay poor by western standards.

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