Thursday, March 25, 2010

Read The Fine Print Part II: ObamaCare allows states to opt out of the individual mandate (sort of)

Here is more proof that nobody read this humongous POS bill before they voted on it. It has been about a week that states have been threatening lawsuits over the individual mandate in ObamaCare, but now after it becomes law, we learn there is an opt out option for states (sort of). 
From Hot Air: Speaking to the Huffington Post on Tuesday, Wyden discussed — for one of the first times in public — legislative language he authored which “allows a state to go out and do its own bill, including having no individual mandate.”
It’s called the “Empowering States to be Innovative” amendment. And it would, quite literally, give states the right to set up their own health care system — with or without an individual mandate or, for that matter, with or without a public option — provided that, as Wyden puts it, “they can meet the coverage requirements of the bill.”
“Why don’t you use the waiver provision to let you go set up your own plan?” the senator asked those who threaten health-care-related lawsuits. “Why would you just say you are going to sue everybody, when this bill gives you the authority and the legal counsel is on record as saying you can do it without an individual mandate?”
Here are the requirements for a state to opt out: 
(A) will provide coverage that is at least as comprehensive as the coverage defined in section 1302(b) and offered through Exchanges established under this title as certified by Office of the Actuary of the Centers for Medicare & Medicaid Services based on sufficient data from the State and from comparable States about their experience with programs created by this Act and the provisions of this Act that would be waived;
(B) will provide coverage and cost sharing protections against excessive out-of-pocket spending that are at least as affordable as the provisions of this title would provide;
(C) will provide coverage to at least a comparable number of its residents as the provisions of this title would provide; and
(D) will not increase the Federal deficit.
Note: For reference see the Senate Bill pages 103 and 212.

Here is the kicker to all of this. Since we all know that Democrats used smoke and mirrors with the CBO to hide the massive deficit spending in ObamaCare, no state (unless they want to end up worse than California) can afford to meet these requirements. Now that we know this new bit of information, states may have to change their angle of attack. They might want to try suing because the opt out requirements are unrealistic. That might be a loosing case, but it does have the benefit of exposing the massive deficit spending hidden in ObamaCare to everyone.

Via: Hot Air

1 comment:

Janelle said...

There will be differences in some of the lawsuits filed by the Attorney Generals - it's the similarities I'm curious to see. The state tax structure has been different in every one of the seven states my husband and I have been fortunate to live.

Related Posts with Thumbnails