Obama and Treasury dept. rewriting parts of ACA

[Texashiker]

Typical for the obama administration, he seems to think the law does not apply to him or his administration.

http://online.wsj.com/news/articles...204579375310934336066?mod=WSJ_Opinion_LEADTop

The text of the Affordable Care Act specifically says when the mandate must take effect—"after December 31, 2013"—and does not give the White House the authority to change the terms.

Changing an unambiguous statutory mandate requires the approval of Congress, but then this President has often decided the law is whatever he says it is.

Under the new Treasury rule, firms with 50 to 99 full-time workers are free from the mandate until 2016. And firms with 100 or more workers now also only need cover 70% of full-time workers in 2015 and 95% in 2016 and after, not the 100% specified in the law.

To me, the employer mandate was a selling point for the aca. But now that mandate is being extended and rewritten by the Treasury department and the obama administration, both of which are contrary to the law that requires congress approval.

What is the nation supposed to do when the president and the Treasury department both ignore the law?

 

[senseamp]

The text of the Affordable Care Act specifically says when the mandate must take effect—"after December 31, 2013"—and does not give the White House the authority to change the terms.

2016 is after "December 31, 2013"

 

[rudeguy]

if its broke, fix it

Don't play games, put it off, make up rules. FIX THE DAMN THING!

 

[cubby1223]

What is the nation supposed to do when the president and the Treasury department both ignore the law?

Get the Supreme Court involved.

 

[senseamp]

if its broke, fix it

Don't play games, put it off, make up rules. FIX THE DAMN THING!

With a GOP House that has a demonstrated vested interest in making it not work for political gain? He is fixing it the best way it can be fixed at the moment.

 

[Texashiker]

Don't play games, put it off, make up rules. FIX THE DAMN THING!

Business does not want to pay for employees health care.

Could you imagine the horror if companies had to provide healthcare and get their employees of medicaid?

With a GOP House that has a demonstrated vested interest in making it not work for political gain?

How is the gop making the employer mandate not work?

 

[senseamp]

Get the Supreme Court involved.

Seriously. If you feel like Obama is ignoring the law, sue. That's what courts are for.

 

[sactoking]

2016 is after "December 31, 2013"

The article quotes the law very poorly. What is actually says at § 1513(d) is this:

(d) EFFECTIVE DATE - The amendments made by this section shall apply to months beginning after December 31, 2013.

Using the proper quote it's clear that the provisions of § 1513, the Employer Shared Responsibility, apply beginning 1/1/14 and exist for all months after and not at some arbitrary date on or after 1/1/14.

 

[rudeguy]

The article quotes the law very poorly. What is actually says at § 1513(d) is this:


Using the proper quote it's clear that the provisions of § 1513, the Employer Shared Responsibility, apply beginning 1/1/14 and exist for all months after and not at some arbitrary date on or after 1/1/14.

now now

Lets not let things like facts interfere with his point.

 

[senseamp]

The article quotes the law very poorly. What is actually says at § 1513(d) is this:


Using the proper quote it's clear that the provisions of § 1513, the Employer Shared Responsibility, apply beginning 1/1/14 and exist for all months after and not at some arbitrary date on or after 1/1/14.

If you work for a large company, you can sue an employer under ACA for failing to provide coverage, then the court will decide if Obama has the authority to waive that requirement or not.

 

[boomerang]

He's changed this law 27 times without involving Congress. Let's just keep letting these things pile up until the case against Obama is so great that it can't be ignored. He's being a very willing accomplice in his own demise. Taking back the Senate is key. Impeachment proceedings I would imagine will start immediately after the swearing in. Patience, patience.

This is actually playing out perfectly because the key to winning back the Senate for Repubs is to hammer, hammer, hammer using Obamacare as the mallet. Look how many Democrats have decided not to run. They don't want to have to defend this law in an election as well as not wanting to have to defend it in real life. They will slink off into obscurity.

 

[sactoking]

If you work for a large company, you can sue an employer under ACA for failing to provide coverage, then the court will decide if Obama has the authority to waive that requirement or not.

Actually, you can't. The Supreme Court ruling declaring the mandates to be constitutional, enforceable taxes removes that ability from employees, if they ever had it. At this point an aggrieved employee has no more standing to sue than for any other corporate tax matter, like if improper repatriation of offshore funds led to penalties which in turn depressed compensation packages.

Being a tax provision the only agency that really has standing is IRS/Treasury and they've declared that they will look the other way.

 

[compuwiz1]

He's changed this law 27 times without involving Congress. Let's just keep letting these things pile up until the case against Obama is so great that it can't be ignored. He's being a very willing accomplice in his own demise. Taking back the Senate is key. Impeachment proceedings I would imagine will start immediately after the swearing in. Patience, patience.

This is actually playing out perfectly because the key to winning back the Senate for Repubs is to hammer, hammer, hammer using Obamacare as the mallet. Look how many Democrats have decided not to run. They don't want to have to defend this law in an election as well as not wanting to have to defend it in real life. They will slink off into obscurity.

I think it was Krauthammer that said the train wreck of Obamacare will spell the end of liberalism in this country. Oh, how I hope he is right. I think you're right about what will happen when the GOP takes back the Senate.......just don't say it too loud.

 

[Texashiker]

This is actually playing out perfectly because the key to winning back the Senate for Repubs is to hammer, hammer, hammer using Obamacare as the mallet.

I suspect after the mid-term election federal grants will dry up for states who agreed to expand medicaid. This will leave those states with a massive budget deficit as they try to fund the expansion themselves.

If this comes true, people are not going to see the true long term effect of the aca until after the mid-term. And by then it will be too late.

And then the employer mandate and been delayed until 2016.

People are not paying attention to their government. There should be riots in the streets over the delaying of the employer mandate. Because that was one of the big selling points.

I think it was Krauthammer that said the train wreck of Obamacare will spell the end of liberalism in this country. Oh, how I hope he is right.

A couple of weeks ago there was a news article talking about federal grants already drying up for states who expanded medicaid.

 

[boomerang]

I think it was Krauthammer that said the train wreck of Obamacare will spell the end of liberalism in this country. Oh, how I hope he is right. I think you're right about what will happen when the GOP takes back the Senate.......just don't say it too loud.

The thing is that we're better off with a balance of power amongst parties that are willing to work together. Which as an aside, without a catastrophe of unimaginable proportions I just don't see happening. One party rule is a disaster for the nation regardless of which party that is. But Obama has raised the bar. It's one man rule now.

We are on a downward path that most days I am convinced is unalterable. We are going the way of the Roman Empire. How hard and how far we fall is the question.

 

[boomerang]

People are not paying attention to their government. There should be riots in the streets over the delaying of the employer mandate.

I just said it in another thread: Our ancestors would have been shooting by now.

 

[Thebobo]

. Impeachment proceedings I would imagine will start immediately after the swearing in. Patience, patience.
.

You really need to ween yourself off those radical websites and get a different perspective.

 

[boomerang]

You really need to ween yourself off those radical websites and get a different perspective.

So in the same vein, maybe you need to open your eyes to what's going on in the nation and the world and think of possible outcomes and different scenario's? Or, maybe you're just an autopilot kind of guy and feel that the government will take care of you and will always do the right thing.

You see, I've always felt that individuals have a lot to do with the course of their lives. I've always felt that anticipation and planning are not a waste of time, they are what smart and prudent people do. It's what may keep you from getting into that car accident, getting fleeced by slick hucksters and keeps you from buying a home in a flood plain to name a few examples.

But some like to go through life fat, dumb and happy taking each day as it comes. Well that's allowed too. Maybe that's your way of going through life, I don't know.

I get the feeling that when you read some of my posts you get a little fear that I might be right. Maybe I am, but I don't know either. I'm just trying to figure out what's coming at me and what my responses could be. If you think that's radical, fine. But you responded which means I made you think.

 

[boomerang]

Here's Dear Leader railing on about the abuse of executive privilege by the man responsible for all of his problems, G.W. Bush. He vows to change that. Riiiight.

https://www.youtube.com/watch?v=a3IWq3CXHyc

 

[Matt1970]

Remember the delay was needed in 2013 because the business mandate was much more complicated than the individual mandate. Now if they are telling us they are ready for the businesses with 100 or more workers to come on board, that means it's ready. This delay is nothing more than postponing the cancelation notices till after the midterm elections.

 

[spacejamz]

Remember the delay was needed in 2013 because the business mandate was much more complicated than the individual mandate. Now if they are telling us they are ready for the businesses with 100 or more workers to come on board, that means it's ready. This delay is nothing more than postponing the cancelation notices till after the midterm elections.

Was the 2015 enrollment pushed until after the elections as well? Under the guise that it would allow more time to analyze their 2014 coverage results? and some people actually believed that....LOL

 

[ivwshane]

The article quotes the law very poorly. What is actually says at § 1513(d) is this:


Using the proper quote it's clear that the provisions of § 1513, the Employer Shared Responsibility, apply beginning 1/1/14 and exist for all months after and not at some arbitrary date on or after 1/1/14.

Lol, so your interpretation is the "right one"? According to who? If history has taught us anything it's that vague laws can be interpreted in any number of ways even if that means perverting the meaning to violate the spirit of the law.

 

[sactoking]

Lol, so your interpretation is the "right one"? According to who? If history has taught us anything it's that vague laws can be interpreted in any number of ways even if that means perverting the meaning to violate the spirit of the law.

There is nothing vague about the effective date.

 

[ivwshane]

There is nothing vague about the effective date.

So what's the actual effective date? I want to set an alarm for it.

Oh you don't have one? I rest my case.

 

[sactoking]

So what's the actual effective date? I want to set an alarm for it.

Oh you don't have one? I rest my case.

Pick a month. Does it start after 12/31/13? Then it applies. It is quite simple.