Posted on 03/30/2017 1:28:59 PM PDT by Boomer
Thats BS. One state may not impede trade across state lines. If Ohio wishes to regulate policies sold on Ohio then yes it is protected by the 10th. But the 10th does not prevent an Ohioan from buying insurance in Indiana.
It should be the part that says the 10th Amendment is null and void.
However, since Wickard v. Filburn I guess it's a moot point. Anything can be written into the Commerce Clause.
Insurance works on a state-by-state basis in all other cases. No reason to assume health care is special. Just get the Feds out of it.
It'd be a really bad idea to drop the laws requiring health insurance companies to keep a certain reserve, for example. Lots of laws on the books for insurance are there because insurance companies cheated somebody.
Ann's bill superseding all existing laws might present a problem in determining what parts of Obamacare survive. I think it might have to be a little more detailed.
Trump gutted Obama Care on his first day as POTUS!
Trump has Already Effectively Repealed Obamacare (Dick Morris)
Facebook ^ | Dick Morris
Posted on 3/27/2017, 8:26:37 PM by LS
Dick Morris says what I have said for a couple of weeks. Obamacare really has been killed, and no one noticed.
Trump told the IRS not to enforce the “individual mandate.” That is the essential coercive element. No mandate, no O-care. Morris said he did this last week-—in fact, I heard more than four weeks ago that the IRS was NOT enforcing this and just assumed it came from Trump.
Second, the requirement that you buy from an “approved” insurance company-—Trump waived that as well by telling HHS to approve any policy as “qualifying.”
Yes, some of the subsidies and other crap remains, but the individual mandate-—which the USSC upheld-—is gone and so is the other coercive mechanism.
And nobody noticed.
No penalty. No enforcement. No mandate.
This won’t lower the cost of health plans just yet, but it will ensure the collapse of the exchanges that require lots of young healthy people who pay but get no benefit because of absurd deductibles.
Thanks to the President’s EO, I don’t have to worry about surrendering 2.5%+ of my income or pay $5k in premiums with a $6.5k deductible to keep other welfare state parasites alive.
60 posted on 3/27/2017, 9:36:53 PM by monkeybrau
http://freerepublic.com/focus/f-news/3538644/posts
I heard Ann Coulter on KABC radio yesterday and she said she pays $700 a month for her coverage because of obamacare.
Trump’s first Exo:
DOCUMENT DETAILS
Printed version:
PDF
Publication Date:
01/24/2017
Agency:
Executive Office of the President
Document Type:
Presidential Document
Presidential Document Type:
Executive Order
E.O. Citation:
E.O. 13765 of Jan 20, 2017
Document Citation:
82 FR 8351
Page:
8351-8352 (2 pages)
Document Number:
2017-01799
DOCUMENT DETAILS:
PUBLISHED DOCUMENT
Start Printed Page 8351 Executive Order 13765 of January 20, 2017:
Minimizing the Economic Burden of the Patient Protection and Affordable Care Act Pending Repeal.
By the authority vested in me as President by the Constitution and the laws of the United States of America, it is hereby ordered as follows:
Section 1. It is the policy of my Administration to seek the prompt repeal of the Patient Protection and Affordable Care Act (Public Law 111-148), as amended (the “Act”). In the meantime, pending such repeal, it is imperative for the executive branch to ensure that the law is being efficiently implemented, take all actions consistent with law to minimize the unwarranted economic and regulatory burdens of the Act, and prepare to afford the States more flexibility and control to create a more free and open healthcare market.
Sec. 2. To the maximum extent permitted by law, the Secretary of Health and Human Services (Secretary) and the heads of all other executive departments and agencies (agencies) with authorities and responsibilities under the Act shall exercise all authority and discretion available to them to waive, defer, grant exemptions from, or delay the implementation of any provision or requirement of the Act that would impose a fiscal burden on any State or a cost, fee, tax, penalty, or regulatory burden on individuals, families, healthcare providers, health insurers, patients, recipients of healthcare services, purchasers of health insurance, or makers of medical devices, products, or medications.
Sec. 3. To the maximum extent permitted by law, the Secretary and the heads of all other executive departments and agencies with authorities and responsibilities under the Act, shall exercise all authority and discretion available to them to provide greater flexibility to States and cooperate with them in implementing healthcare programs.
Sec. 4. To the maximum extent permitted by law, the head of each department or agency with responsibilities relating to healthcare or health insurance shall encourage the development of a free and open market in interstate commerce for the offering of healthcare services and health insurance, with the goal of achieving and preserving maximum options for patients and consumers.
Sec. 5. To the extent that carrying out the directives in this order would require revision of regulations issued through notice-and-comment rulemaking, the heads of agencies shall comply with the Administrative Procedure Act and other applicable statutes in considering or promulgating such regulatory revisions.
Sec. 6. (a) Nothing in this order shall be construed to impair or otherwise affect:
(i) the authority granted by law to an executive department or agency, or the head thereof; or
(ii) the functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals.
(b) This order shall be implemented consistent with applicable law and subject to the availability of appropriations.Start Printed Page 8352
(c) This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person.
THE WHITE HOUSE, January 20, 2017. Filed 1-23-17; 2:00 pm]
Problem is ACA was a change request, a huge set of modifications to a huge set of law. Undoing that, after 8 years of further changes, is terribly difficult. Better to just repeal the whole mass and start over.
Hey, you have been warned before about posting how reality can shred Obama Care.:)
Next, you will be telling people how to buy disaster insurance if they are members of an organized religion.
Keep posting, maybe some will wake up and say, “I don’t need Obama Care, I can take care of my self!”
Insurance is regulated by the states. Its a 10th Amendment issue.
Ladies and gentlemen, we have a bingo !
Sheesh, you think Ann would know this.
****************
Did that stop ocare from being passed? Did that result in the USSC striking ocare down? The worst that could happen is that this law AND ocare are found unconstitutional for the same reasons.. and that’s a win..
Hi Grampa —
Thanks for the post. My little trifle with the EO is that it will disappear when a President sympathetic to the ACA is inaugurated. Yes, the EO is a good start, but even it says the intent is to repeal the law. I’m for following through with the repeal. If it fails on the floors of Congress, then DJT can sleep well at night. Those “lambs” not voting for total repeal would be part of the bloodbath that is predicted.
In the words of a man much better than me - “Go big, or go home.”
Some times you have to kill a poisonous tree by destroying its roots a few at a time.
Brooks expressed undaunted optimism about the world of healthcare after a repeal, and provided a roadmap on how to get there.
“Repeal puts us in an excellent position. If we did nothing else, America reverts back to the levels of 2009, which produced the best healthcare system in the world,” Brooks said. “If the Tea Party movement in 2010 that culminated in Donald Trump’s election gets to work contacting their senators and demands the repeal of Obamacare and nothing else, then it will get done."
http://freerepublic.com/focus/f-news/3539166/posts
Grampa —
I like the way your thinkin’.
The Bill passed by both houses of Congress had a two year delay in it. I could live with what you posted. What the 2015 Bill did, and your proposal does, is to codify the law.
Unfortunately, the heavy doses of word parsing, mind reading, and personal ego, continues to get in the way of moving forward.
Thanks for your input.
Gwjack
The biggest problem with producing a nationwide health program is overcoming the myth that everyone of all ages, and especially younger healthy people, wants to buy health insurance.
They don’t—as witnessed by the lack of participation by millions of younger healthy people despite the threat of fines if they didn’t sign up.
No insurance actuary can devise and insurance program that will be sustainable without them.
Exactly - millions lost the policies they were happy with (and were more often than not, FAR less expensive than any offerings today).
Allow me to clarify. Each state regulates the sale of all insurance in its state, whether Life and Health, P&C, etc. Life insurance can be sold to people of other states, provided the agent is licensed in the state in which it is sold.
Health insurance is peculiar because state laws around what constitutes a valid policy vary, sometimes greatly.
Generally speaking, life insurance is fairly consistent across all 50 states, with only a few having different applications, as well as not having reciprocity with other states. NY and CA agent licensing is a nightmare.
“In America, it shall be legal to sell health insurance on the free market. This law supersedes all other laws, taxes, mandates, coverage requirements, regulations or prohibitions, state or federal.”
Actually, a great idea.
Thanks 0bama and Paul RINO!
$1,500 and 12,000 down to $50 and $1,000
The insurance and healthcare companies are going to fight this tooth and nail. The CEO’s want those 10’s of millions in salary and stock grants.
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