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Monday, November 18, 2013

Breaking the Law Again?

The Wall Street Journal is now reporting that White House sources say that the government is working with insurance companies to "go around" the Obamacare exchanges.  The thought is that since the website does not work, consumers could go directly to the insurance companies (like they always have in the past).

There is a major problem with this solution, however.  The law is very clear that the government may give subsidies to consumers only for policies bought on the exchanges.  The purpose for this limitation was to require consumers to use the exchanges so that they would be able to compare the available policies in one place.  There is no legal way that the subsidies can be given to insurance purchasers if they buy directly from the companies other than the passage of legislation allowing such payments.  Of course, president Obama has already delayed the employer mandate without having the power to do so.  He has also announced that insurance companies can still sell policies whose cancellation is required by Obamacare, even though he lacks the power to do that.  Maybe Obama will also just announce that subsidies will be given directly to consumers who buy at places other than the exchanges.

I usually stay away from rhetoric like impeachment, but if Obama actually authorizes subsidies to be given to insurance purchasers in direct violation of the law, it would be an impeachable offense in my opinion.  Obama is just president.  He is not the king, emperor or other form of monarch.  Obama has to obey the law too.



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