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Started By
Message
re: Harry Reid's nuclear option to appoint Federal judges pays off.
Posted on 7/23/14 at 5:51 pm to MFn GIMP
Posted on 7/23/14 at 5:51 pm to MFn GIMP
quote:
Why didn't the bill cite the federal exchange when it mentioned subsidies?
Because it didn't have to. The Department of HHS sets up an exchange for each state that didn't do so on its own, then the tax and subsidy for the insurers and insured are the same.
In Louisiana, I purchased an insurance plan through Healthcare.gov, the exchange set up FOR LOUISIANA by HHS. There is no "Federal exchange"... I couldn't purchase a Blue Cross policy from Blue Cross of Virginia, for example. My choices were limited to insurers selling policies in Louisiana for Louisianians.
quote:
There is a great piece at the federalist that talks about this.
The Federalist is wrong because it ignores THIS bit of law:
quote:
US Code 18031(b)(1) Each State shall, not later than January 1, 2014, establish an American Health Benefit Exchange (referred to in this title [1] as an “Exchange”) for the State
So, right off the bat, we can see that an Exchange is MANDATORY for every state. They CAN'T opt out... their only choice is to let HHS set one up for them administratively.
Then here comes the real kicker, the exact definition of "Exchange":
quote:
US Code 18031(d)(1) An Exchange shall be a governmental agency or nonprofit entity that is established by a State.
EVERY time the law mentions "Exchange" it is understood that it was established by a State, whether they set it up themselves or whether HHS did it for them. There are ZERO Federal exchanges; they are ALL exchanges established by a state.
Posted on 7/23/14 at 5:53 pm to Rex
So now the word "for" is the same as the word "by" ??? Got it
Posted on 7/23/14 at 5:54 pm to Rex
And that right there, my friends, settles the issue.
Yes, 36b says subsidies are available to exchanges established by a state, but the very definition of "Exchange" embodied in the law is that they ARE established by states. 36b is not at all ambiguous, although it is a tad bit redundant.
/debate
Rex wins again.
Yes, 36b says subsidies are available to exchanges established by a state, but the very definition of "Exchange" embodied in the law is that they ARE established by states. 36b is not at all ambiguous, although it is a tad bit redundant.
/debate
Rex wins again.
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