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Trump’s health care agenda is a legal disaster
Vox ^ | 03/29/2019 | Dylan Scott

Posted on 03/29/2019 9:12:36 AM PDT by GIdget2004

President Donald Trump’s health care agenda keeps running aground, again and again, in the courts.

Unable to pass a health care bill in Congress, the Trump administration decided to use regulations to roll back the Affordable Care Act and reshape Medicaid. But those plans have been blocked repeatedly by the judiciary. This week alone, federal judges ruled against Medicaid work requirements and association health plans, two signature Trump proposals.

Some of the losses have come on technical grounds, with judges chastising the administration for pushing through new regulations without properly accounting for their consequences or public comments on the proposals. But more fundamentally, the Trump administration has been so aggressive in its regulations on health care that the courts have decided they are actually violating federal law.

“They’re pushing the boundaries on what is legally acceptable while not doing themselves any favors on the process,” Katie Keith, a Georgetown University law professor who follows health care litigation, told me. “The courts care more about what the policies do than what the administration says they do. As a result, they’re concluding the policies are unlawful.”

Association health plans, which were supposed to allow small businesses and self-employed people to buy insurance that doesn’t comply with the ACA’s rules, were struck down in a Thursday court ruling on those grounds. District Judge John Bates, a George W. Bush appointee, concluded the Trump proposal was “an end-run” around the 2010 health care law that also “does violence” to ERISA, the federal statute governing employer health plans.

“The Final Rule was intended and designed to end run the requirements of the ACA, but it does so only by ignoring the language and purpose of both ERISA and the ACA,” he wrote.

(Excerpt) Read more at vox.com ...


TOPICS: Government; News/Current Events
KEYWORDS: 2020issues; aca; repealandreplace
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1 posted on 03/29/2019 9:12:36 AM PDT by GIdget2004
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To: GIdget2004

The stupid Republicans should have got a handle on this long ago.


2 posted on 03/29/2019 9:13:22 AM PDT by laplata (The Left/Progressives have diseased minds.)
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To: GIdget2004

Liberal propaganda.

FR seems to be full of it today.


3 posted on 03/29/2019 9:17:12 AM PDT by Moonman62 (Facts are racist.)
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To: GIdget2004

translation: Gee, Obama did a top-notch job of stuffing the Federal court system with his sycophants.


4 posted on 03/29/2019 9:18:41 AM PDT by Buckeye McFrog
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To: GIdget2004

The ACA has no constitutional grounds and needs to be yanked. And probably will be soon.


5 posted on 03/29/2019 9:22:03 AM PDT by Jim Robinson (Resistance to tyrants is obedience to God!)
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To: GIdget2004

If Vox and the garbage liberal media are outraged by this, it must be a very good plan!


6 posted on 03/29/2019 9:22:09 AM PDT by ObozoMustGo2012
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To: GIdget2004
If he had his ‘great’ healthcare proposals in place first, it would help.

For someone who got laid off after decades of playing by the rules and finds themselves without health insurance and unable to get any due to a pre-existing condition, the lace of even a crappy option such as the ACA is a death sentence. Everybody gets that it isn't ‘real’ insurance if people can just abuse themselves and then get insurance when really sick without having ever paid in, doh, but if you've had a good steady job, and coverage, and then get laid off at 50 then even an inefficient socialist (redundant) corrupt *chance* at getting health care is better than nothing, cost or constitution be damned.

President Trump *MUST* have a GOOD plan in place, a plan that covers responsible hard working citizens who get screwed by layoffs or other circumstances beyond their control and need health care, or lose in 2020.

7 posted on 03/29/2019 9:22:32 AM PDT by RedStateRocker
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To: GIdget2004

If the courts do their job then this will all be academic anyway. Obamacare will be a thing of the past.


8 posted on 03/29/2019 9:25:26 AM PDT by DoodleDawg
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To: GIdget2004

There is only one way to repair our Healthcare Delivery system and associated Health Insurance. ABOLISH ALL Taxpayer Funded Health Insurance at ALL levels of Government Nationwide.

When CONgress and the tyrannical judiciary are forced to BUY their Own Health Insurance just like everybody else, they will fix it.

P.E.A.C.E.

Public
Employee
Affordable
Care
Enrollment ACT


9 posted on 03/29/2019 9:29:53 AM PDT by eyeamok
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To: GIdget2004

The Dems are up to no good again....Maybe rip them on their Medicaid For All cr**.


10 posted on 03/29/2019 9:36:25 AM PDT by Sacajaweau
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To: RedStateRocker

My wife and I are both uninsurable and have been for over 25 years. But there is nothing in the constitution authorizing the federal government to provide health insurance or health care to the general public. Associations offering health plans for members might be a good idea.


11 posted on 03/29/2019 9:36:53 AM PDT by Jim Robinson (Resistance to tyrants is obedience to God!)
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To: GIdget2004

So far, the chance that Trump won’t do what he says is nonexistent.


12 posted on 03/29/2019 9:40:31 AM PDT by reasonisfaith (What are the implications if the Resurrection of Christ is a true event in history?)
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To: GIdget2004

Trump’s HC is not a disaster.
The leftist activist judges are the disaster.


13 posted on 03/29/2019 9:44:48 AM PDT by Leep (It's.. (W)all or nothing..!)
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To: Jim Robinson

There are a lot of viable options, my point is that if President Trump actually *HAD* a ‘great plan’ in place it would be a good thing. Constitution or none, either the genuine free market has to be allowed to work, or some sort of available to all catastrophic coverage needs to be available to all citizens or we are handing an issue to the Democrats that really matters to a lot of people. There’s nothing in the Constitution authorizing a lot of things, from the war on drugs to even the most common-sense pollution regulations (except, arguably under ‘general welfare’), either.


14 posted on 03/29/2019 9:46:55 AM PDT by RedStateRocker
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To: RedStateRocker

I think the free market would be the best plan.


15 posted on 03/29/2019 9:50:36 AM PDT by Jim Robinson (Resistance to tyrants is obedience to God!)
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To: RedStateRocker

Even private health insurance “socializes” the payments for healthcare. If I am healthy, and buy insurance, and never get sick, I am subsidizing the people in my pool who DO get sick. That is the essence of all types of insurance.

If the government runs the pool, it is of course more subject to corruption. If my private plan doesn’t cover acupuncture I can grumble about it, but tough luck. If I want it I have to pay for it.

But, if the “public option” doesn’t cover it, then Big Acupuncture can lobby 60 Minutes to run a piece saying acupuncture cures cancer, and the public pressure to include it becomes irresistible.

Still, if we look at how other countries do it, one has to notice that it is less expensive, on average, for Germany or the UK to provide medical care via the government than it is for the US to do it with the very complicated hybrid system we have in place.

I don’t know the solution, but it does not seem that insisting on the status quo, even the pre-Obamacare status quo ante, is a winning political stance.

I live in Nashville, where the profits of the healthcare system accumulate, and it’s clear that private businesses are exploiting the inefficiencies of the payments system to gouge the public. Doctors, pharmaceutical companies, hospital chains, device manufacturers are all getting rich at a much faster pace than the growth of the economy overall, and it’s a public policy problem.

Healthcare’s share of GDP is a crushing tax on the society, and the problem is smaller in the countries that do it via a taxation model.


16 posted on 03/29/2019 9:53:26 AM PDT by babble-on
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To: GIdget2004
The government is in control. It will never relinquish it.

Woulda, shoulda, coulda....


17 posted on 03/29/2019 10:15:52 AM PDT by Delta 21
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To: RedStateRocker
Why should the Feds be involved at all?

So women can get contraception meds....and/or kill babies if the unwantable should happen?

The votes are with the HUGE women's vote.

Buy your own damn contraception.

18 posted on 03/29/2019 10:19:00 AM PDT by Sacajaweau
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To: RedStateRocker
Your situation describes exactly why the GOP never repealed ObamaCare. The people in their 50s who get screwed by layoffs and insurance companies refusing pre-existing condition coverage are mostly Republican voters, not Democrats.

... cost or constitution be damned.

This is one item where you won't get any sympathy from me. If you want to be a slave to a bloated, bureaucratic government, then have at it. Leave me out of it. I'd rather be a sick man who is free than a healthy slave.

19 posted on 03/29/2019 10:29:47 AM PDT by Alberta's Child ("In the time of chimpanzees I was a monkey.")
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To: laplata; GIdget2004; All

>
The stupid Republicans should have got a handle on this long ago.
>

You mean like eliminating the govt interference, distortions of the Free Market and illegal/unconst. programs/dept/edicts/etc. (as they were passing the largest MediXYZ expansion in a generation)?

How’s that worked out for the DoEd (as they were passing NCLB+)?

I note the (R)N(C) of “REPEAL”, quickly became “REPEAL (and replace), morphing again into today’s talking point of “...not having a substitute plan at the ready...”.

Oh, if they only had ACTUALLY dusted-off one of the SIX+ prior O’Care elimination bills they passed while only having the House/WH.

I know, I know: “We need only elect more “conservatives” and the tide will turn.”. BWAHAHAHAHAHA


20 posted on 03/29/2019 10:40:36 AM PDT by i_robot73 (One could not count the number of *solutions*, if only govt followed\enforced the Constitution.)
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