Obamacare has more chinks in its armor than a turtle without a shell

CCHC ^ | 11-14-12 | twila brase

[TurboZamboni]

Obamacare has more chinks in its armor than a turtle without a shell. As a result, state governors and legislators can inflict great damage. The following amazing chink was discussed by a Goldwater Institute attorney during a Tennessee-based webinar on Monday . It's only 10 lines long in the 950-page version of the law:

"No individual, company, business, nonprofit entity, or health insurance issuer offering group or individual health insurance coverage shall be required to participate in any Federal health insurance program created under this Act (or any amendments made by this Act), or in any Federal health insurance program expanded by this Act (or any such amendment), and there shall be no penalty or fine imposed upon any such issuer for choosing not to participate in such programs."

Let that sink in. No one is required to participate.

[TurboZamboni]

Obama won a second term, but Obamacare is in big trouble. Ballot initiatives to assert state control over health care passed with 77% support in Wyoming, 62% in Missouri and 59% in Alabama. And yesterday, Governor Bentley from Alabama announced he wouldn't do the exchange, and suggested a "significant number" of governors would also refuse. Meanwhile 30 more anti-Obamacare lawsuits are waiting in the wings. So, let's not be discouraged. Let's work hard to help States stop national health care.

Our motto: Resist. Repeal. Reclaim.

[Persevero]

Amen. We can STILL defeat this power grab, if not completely, then substantially. Don’t give up the ship!

[MrB]

WRT the title...

[Revolting cat!]

[TurboZamboni]

I knew that was coming.

lol

[Brookhaven]

So what?

It’ll go to the Supreme Court where the justices will declare it means whatever the heck they want it to mean.

“No individual...” will end up meaning “every individual must...”

[Brett66]

Wouldn’t that be something if this law forced states to assert their rights in a more decisive fashion since before the civil war.

[blackdog]

"Voluntary Compliance" mean anything to you?

AKA "The Code"

[donhunt]

Ya ... but none of the associated taxes will go away.

[HiTech RedNeck]

or, roberts will finally concede “this is such a piece of hosed up tax code that it substantially violates due process, so in the trash it goes.”

[WashingtonSource]

The “no one” referred to is to health INSURERS not to the people who purchase health care insurance. Thus, no company (or individual) that offers health insurance is required to participate. I wonder if that applies to people who self-insure? I doubt it. That woud too easy a loophole.

[Talisker]

This line seems to be referring to the actual insurers - not those providing isurance for their companies under Obamacare. In other words, State Farm Insurance Company is not required to participate in Obamacare, as it is providing insurance coverage for Obamacare.

It’s an exemption for insurance companies - ironic, eh?

[muawiyah]

The Spanish American war ended a century before the telephone tax set up to pay for it was ended.

[Brad from Tennessee]

Obama can thank Reid and Pelosi for this flaw. They cobbled together this monstrosity in the middle of the night with lawyers representing unions, pharmaceutical makers, health insurers, trial lawyers, and public hospitals. Like a Rube Goldberg contraption it will collapse under the weight of its over built parts.

[HiTech RedNeck]

It’s both/and, not either/or.

[nascarnation]

but none of the associated taxes will go away.

Once they get those 15,000 new IRS agents on the rolls, they definitely won't be going away. This was basically a "jobs" bill for attorneys.

[PeevedPatriot]

and there shall be no penalty or fine imposed upon any such issuer for choosing not to participate in such programs.

Taxes on individuals would remain. But if insurers are free to offer policies prohibited by Obamacare (such as catastrophic only) then the savings an individual makes by choosing such coverage could be greater than the fines, at least in the early years of rollout.

FYI if anyone else is looking for it in the law, it's section 1555.

[HiTech RedNeck]

They were probably hoping it was going to be bipartisan, meaning that Republicans were going to help sift out and correct the most arrant problems. But the GOP said to the Democrats “No, you conduct your own funeral.”

[SoFloFreeper]

some of you geniuses can figure out if this is accurate.

so many people who are on our side have read through this...if this were true, I have to believe someone at Heritage or CATO or someplace like that would have seen it.

[Domandred]

chinks in its armor

I'm sorry, Twila Brase, didn't you get the memo that this phrase was racist?