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"… as the secretary shall determine…"

Posted on 10/13/17 at 12:29 pm
Posted by SoulGlo
Shinin' Through
Member since Dec 2011
17248 posts
Posted on 10/13/17 at 12:29 pm
Is this this power trip embedded in Obamacare the leeway that Trump is using(along with a law in the 70s) to be able to use EO to gut Obamacare? It seems that this EO does more to kill Obamacare than the bullshite bills the GOPe was pushing.

Enlighten me. If I'm off base, how does an EO destroy a law? Don't get me wrong, if it's legal then I'm all for it. I just don't want it struck down by courts or used by the R pussies as cover for not repealing Ocare
This post was edited on 10/13/17 at 12:34 pm
Posted by SoulGlo
Shinin' Through
Member since Dec 2011
17248 posts
Posted on 10/13/17 at 1:46 pm to
Bump…

Does anybody know the answer, or does nobody care?
Posted by indianswim
Plano, TX
Member since Jan 2010
18690 posts
Posted on 10/13/17 at 1:47 pm to
Not answering because I don't know.
Posted by Iosh
Bureau of Interstellar Immigration
Member since Dec 2012
18941 posts
Posted on 10/13/17 at 1:48 pm to
It doesn't "destroy" Obamacare in any way other than making it more expensive. It's basically a political gamble that the GOP will be able to blame 2018 premium hikes on Obama.
Posted by Homesick Tiger
Greenbrier, AR
Member since Nov 2006
54201 posts
Posted on 10/13/17 at 1:51 pm to
quote:

Does anybody know the answer, or does nobody care?


This is what happens when you ask a fact based question -


This is what happens when you ask a question with an opinionated answer -
Posted by Iowa Golfer
Heaven
Member since Dec 2013
10229 posts
Posted on 10/13/17 at 3:54 pm to
Administrative law. A lot of this needs to go through an administrative process. And it has started. Notwithstanding isoh's factually inaccurate statement, HHS has confirmed it has started the process to end the first $7BB in subsidies.

Not noticed as much is that ending these payments is a valid reason for insurers to back out of the exchange.

The above is factual, and a quick Google search will lead you to results. This said, there aren't a lot of results as this hasn't really been widely reported. Which is why you got the one misleading post from the obviously not well informed poster.

Here is one such link:

LINK

The speculation is that another, maybe more than one, executive order is on the way. This is because of the way the first order was written. It is on wihitehouse.gov IIRC. There are a couple of additional steps that need to take place.

Essentially, you are slowly seeing as much of Rand Paul's plan as possible, slowly being initiated by this first, and hopefully subsequent executive orders.

So, about as close to Libertarian as we have had in quite a long time. Strangely enough, opposed by people on here who call themselves Libertarian.

Stay woke. Keep your eye on the ball. And Covfefe!

Posted by GumboPot
Member since Mar 2009
118550 posts
Posted on 10/13/17 at 4:00 pm to
Subsidies are illegal as ruled by a DC judge. The $7 billion was never appropriated by congress. Trump is just following the law.

Without the $7 billion the costs of Obamacare insurance will rise and people will leave.

The other part of the EO allows for associations to form and purchase interstate health care plans. This is based on existing law however HHS has been directed to facilitate these healthcare associations. This means more people joining these associations to acquire health insurance instead of Obamacare. Options.

Those are the two ways this EO hurts Obamacare.
This post was edited on 10/13/17 at 4:03 pm
Posted by IceTiger
Really hot place
Member since Oct 2007
26575 posts
Posted on 10/13/17 at 4:03 pm to
So no more CORPORATE welfare...

Posted by GumboPot
Member since Mar 2009
118550 posts
Posted on 10/13/17 at 4:04 pm to
quote:

So no more CORPORATE welfare...




I wouldn't say "no more". $7 billion less? Yes.
Posted by TigerAlum1982
Member since Sep 2011
1436 posts
Posted on 10/13/17 at 4:06 pm to
So, he's basically doing it by re-writing the Federal Regulations?
Posted by Iowa Golfer
Heaven
Member since Dec 2013
10229 posts
Posted on 10/13/17 at 4:13 pm to
The bill, Affordable Care Act, leaves a lot up to certain departments. HHS as an example. Certain things undefined are then made law by the Dept of HHS. Administrative law. Codified in the CFR. It is then subject to either/both Federal Statute, and that process and remedy, and an Administrative law process and remedy.

So yes, he's doing it by rewriting Fed Regs, except my understanding is what he did is order those that can do this, to look into it, and to start to do it. e.g. He ordered HHS to review and amend to the extent possible, and HHS is actually doing the reviewing and amending.

But I am extremely big picture. So, details like the above I don't follow closely enough to get into the weeds.
Posted by dr smartass phd
RIP 8/19
Member since Sep 2004
20387 posts
Posted on 10/13/17 at 4:19 pm to
quote:

So, he's basically doing it by re-writing the Federal Regulations?



You got it. He deregulated a regulation
Posted by idlewatcher
County Jail
Member since Jan 2012
78816 posts
Posted on 10/13/17 at 4:26 pm to
Would speed up the demise; particularly if the subsidies are deemed illegal.

When that occurs, you can expect those premiums to skyrocket hence Obamacare collapsing under it's own weight (lack of funds)
Posted by bonhoeffer45
Member since Jul 2016
4367 posts
Posted on 10/13/17 at 4:40 pm to
quote:

Is this this power trip embedded in Obamacare the leeway that Trump is using(along with a law in the 70s) to be able to use EO to gut Obamacare? It seems that this EO does more to kill Obamacare than the bullshite bills the GOPe was pushing.

Enlighten me. If I'm off base, how does an EO destroy a law? Don't get me wrong, if it's legal then I'm all for it. I just don't want it struck down by courts or used by the R pussies as cover for not repealing Ocare




Trump is saying they will no longer pay the cost sharing subsidies outlined in the ACA that the law says they will pay.

However, because of the way the law works, where insurers discount the subsidies and then get reimbursed, insurers are still required to abide by the law and adhere to the subsidies, they just won't get reimbursed.

Most insurers were already anticipating Trump doing this, so many already raised their premiums on average 10-20% to account for that expectation. Now Trump has made it official.

The catch in all this is that government is still on the hook for the premium tax credits. So when insurers raise premiums, the tax credits increase as well. If you are someone that gets subsidies on the ACA market you will not feel much different because the subsidies will adjust upward with the new prices. The losers here are the tax payers, whom the CBO says will be on the hook for 194 billion in additional accumulated deficits over the current baseline over the next 8 years.

The other loser is the middle class person in the individual market without tax credits that will feel the full brunt of the premium increases.

Will it collapse the marketplace? Hard to tell, it could lead to a number of insurers seeking to use their exit clauses and leave more counties without an insurer, and poor people with nowhere to use their tax credit. But since a lot of insurers have already anticipated this, it seems many will still stay in and cash in on this lemon socialism arrangement Trump has helped advance, and in the meantime sue the shite out of the government to try and double dip. Sue to get their cost-sharing payments while taking in higher premium tax credits because they are being told they won't get them.

Trump is creating a cluster frick. And an expensive one.
This post was edited on 10/13/17 at 4:43 pm
Posted by Jim Rockford
Member since May 2011
98071 posts
Posted on 10/13/17 at 4:41 pm to
quote:

It doesn't "destroy" Obamacare in any way other than making it more expensive. It's basically a political gamble that the GOP will be able to blame 2018 premium hikes on Obama.


Bold move Cotton, etc.
Posted by RantardoMontalbon
Member since May 2017
421 posts
Posted on 10/13/17 at 6:03 pm to
quote:

Subsidies are illegal as ruled by a DC judge. The $7 billion was never appropriated by congress. Trump is just following the law.

Since Congress did not fund the risk corridor subsidies one wonders what program(s) went un/underfunded by $7B.

quote:

Trump is creating a cluster frick. And an expensive one.

Like DACA and the Iran Deal, all President Trump is doing is putting the issue before the legislative branch to fix.

Or to not fix and suffer election consequences.
Posted by Strannix
District 11
Member since Dec 2012
48806 posts
Posted on 10/13/17 at 6:05 pm to
the entire bill is illegal
Posted by CelticDog
Member since Apr 2015
42867 posts
Posted on 10/13/17 at 6:07 pm to
Ca doesnt seem to think its constitutional.
Roberts and Gorsuch will let us know, soon enough.
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