ObamaCare (PPACA)
A simple summary of where we are with the Patient Protection and Affordable Care Act (PPACA) or ObamaCare. The Supreme Court ruled on June 28, 2012 that the law was not unconstitutional, but offered confusing explanations within its decision. “The Affordable Care Act is constitutional in part and unconstitutional in part,” Roberts wrote. First, The Court upheld the federal takeover of 1/6th of the US economy and ObamaCare implementations will continue. On August 1, 2012 the controversial HHS contraceptive mandate took effect. Second, the Court said that it is reasonable to construe what Congress has done as increasing taxes on those who have a certain amount of income, but (who) choose to go without health insurance. Such legislation is within Congress’s power to tax.” But, “the individual mandate cannot be upheld as an exercise of Congress’s power under the Commerce Clause. That Clause authorizes Congress to regulate interstate commerce, not to order individuals to engage in it.” Third, as for the Medicaid expansion, "that portion of the Affordable Care Act violates the Constitution by threatening existing Medicaid funding," Roberts wrote. "Congress has no authority to order the States to regulate according to its instructions. ... The remedy for that constitutional violation is to preclude the Federal Government from imposing such a sanction." So there you have it; ObamaCare continues as a tax, the mandate is unconstitutional (but because the program continues as a tax that item is irrelevant), and the Medicaid expansion cannot be forced on the states. Open enrollment for the new federally run health-care exchanges are scheduled to start Oct. 1, 2013, with all Americans having access to affordable health insurance options effective January 1, 2014. See timeline here. Find your state's Health Exchange here. State-by-State Insurance Information is available at this site.

Exit From ObamaCare

6/19/18
from The Wall Street Journal,
6/19/18:

A new association health plan rule may spur better alternatives.

One perverse effect of the Affordable Care Act is that corporate America escaped some of the onerous mandates that hurt small enterprises. The Trump Administration is now trying to mitigate that inequity with a rule on association health plans, or AHPs, and perhaps the result will be a durable and popular alternative to ObamaCare coverage. On Tuesday the Labor Department rolled out a final rule on AHPs. The point is to allow more small businesses to join forces to offer health insurance, using economies of scale to reduce costs and diversify risk. This is how corporations and unions manage health insurance in the large group market, either by paying an outside issuer or self-insuring. Some groups can form AHPs now, but on a very limited basis. The new rule would allow industry groups across the country and local chambers of commerce to set up plans, which heretofore hasn’t been allowed under Labor's interpretation of the Employee Retirement Income Security Act (Erisa). Free-lancers such as Lyft drivers could now also band together.

The left says association plans are junk insurance that will blow up ObamaCare. But association plans are subject to ObamaCare rules such as pre-existing condition coverage and bans on lifetime limits. The plans also must abide by state regulations and benefit mandates, which as a practical matter could limit growth of the plans.

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