The impact of ObamaCare on doctors and patients, companies inside and outside the health sector, and American workers and taxpayers
“The majority of Americans who continue to oppose Obamacare should be greatly pleased to learn that the Supreme Court is likely to get a do-over on this misguided and too-often-lawlessly-implemented law. Ours is a nation of fresh starts and second chances: it is only fitting that SCOTUS be handed an opportunity to undo the convoluted, flagrantly political and highly controversial decision it made in June 2012. As eloquently detailed by fellow Forbes blogger Michael Cannon on September 30, “The U.S. District Court for the Eastern District of Oklahoma handed the Obama administration another – and a much harsher — defeat in one of four lawsuits challenging the IRS’s attempt to implement ObamaCare’s major taxing and spending provisions where the law does not authorize them.””
“A new poll finds that three-fifths of likely voters support the repeal of Obamacare. A large plurality — 44 percent — wants to see Obamacare repealed and replaced with a conservative alternative. A much smaller group —16 percent — wants to see it repealed but not replaced. Less than one in three respondents — 32 percent — would like to keep Obamacare, whether in its current form or in amended form. So, with a conservative alternative in play, 60 percent of Americans support repeal, while only 32 percent oppose it.”
“Consumer Reports has published an article demanding that we get “mad about the outrageous cost of health care.”
Hey, I’m all for that. The article goes through the usual list of suspects, e.g. $37.50 for a single Tylenol, having two or three MRI scans when one will do, et cetera. The article also asserts that “health care works nothing like other market transactions. As a consumer, you are a bystander to the real action…” I could not agree more. However, I was a taken aback by a statement from George Halvorson, the former Chairman of Kaiser Permanente:
“There is no such thing as a legitimate price for anything in health care,” says George Halvorson, former chairman of Kaiser Permanente, the giant health maintenance organization based in California. “Prices are made up depending on who the payer is.”
“Despite promises to the contrary by members of Congress and even the president, Americans now know that Obamacare is entangling tax dollars with coverage of elective abortion.
Last week, the Government Accountability Office released a report confirming that more than 1,000 Obamacare exchange plans cover elective abortion but remain eligible for taxpayer subsidies.
But that’s not the full story on how Obamacare funds the abortion industry.”
“Legal challenges to various aspects of Obamacare (aka the Affordable Care Act) keep traveling on a rollercoaster. Today’s episode of the law’s continuing courtroom soap opera involves a ruling by a federal district court in Oklahoma, which overturned a 2012 IRS rule authorizing premium assistance tax credits in federal exchanges (since rebranded as “federally facilitated marketplaces”). The decision improves the likelihood that the Supreme Court ultimately will consider this issue on appeal; either in the spring of 2015 or during its next 2015-2016 term.
Judge Ronald White ruled in State of Oklahoma v. Burwell that the IRS rule is “arbitrary, capricious, an abuse of discretion not in accordance with law, pursuant to 5 U.S.C. section 706(2)(A), in excess of statutory jurisdiction, authority, or limitations, or short of statutory right, pursuant to 5 U.S.C. section 706(2)(C), or otherwise is an invalid implementation of the ACA, and is hereby vacated.”
In other words, it was not just a “bad idea,” but an illegal one, too.”
“In a legal setback for the Obama administration, a federal judge in Oklahoma ruled Tuesday that people in states that rely on the federal insurance exchange are not eligible for Obamacare premium subsidies to help them pay for coverage.
Judge Ronald White, a George W. Bush appointee, invalidated an Internal Revenue Service rule interpreting the Patient Protection and Affordable Care Act to allow the premium tax credits in states that have not established their own exchange. “The court holds that the IRS Rule is arbitrary, capricious, an abuse of discretion or otherwise not in accordance with law,” White wrote.
In his ruling, White rejected the argument that striking down the subsidies would cripple the entire healthcare reform law. “Congress is free to amend the ACA to provide for tax credits in both state and federal exchanges, if that is the legislative will,” he wrote.”
“The second Obamacare enrollment season could go negative — but not because of the health care law’s critics.
Obama administration allies are weighing a focus on the loathsome individual mandate and the penalties that millions of Americans could face if they don’t get covered. It would be a calculated approach to prompt sign-ups, a task that the law’s supporters expect to be more difficult, or at least more complex, than in its coverage’s inaugural year.
There are several challenges: The 2015 enrollment period is shorter, the most motivated Americans are probably already enrolled and the law is still politically unpopular. That means that even if HealthCare.gov works well — and it couldn’t be worse than last October’s meltdown — proponents are confronting a tough messaging landscape.”
“Consumers searching this fall for the best doctor covered by their new public or private insurance plan won’t get very far on a federal database designed to rate physician quality.
The Affordable Care Act requires the Centers for Medicare and Medicaid Services to provide physician quality data, but that database offers only the most basic information. It’s so limited, health care experts say, as to be useless to many consumers.
This comes as people shopping for insurance on the state or federal exchanges will find increasingly narrow networks of doctors and may be forced to find a new one. Many with employer-provided plans will face the same predicament.”
“As we start the final stretch before the midterm elections, many analysts are convinced that Obamacare isn’t the hot political issue it once was. While the flood of negative publicity about the law has subsided of late, a majority of people still oppose it, according to a Real Clear Politics average of polls taken from Sept. 2-15. And I’ve always believed the voters’ negative impressions of the law were “baked” into their assessments of Democratic incumbents.
That’s partly why Democratic Senators such as Kay Hagan of North Carolina, Mark Pryor of Arkansas and Mark Begich of Alaska find themselves barely breaking 40 percent in recent public polls.
But a new study out this week from Bloomberg Government threatens to bring the Affordable Care Act back to center stage — and in a way that will likely hurt the electoral chances of incumbent Democrats, all of whom voted for the law.”
“CMS decided not to include some payments disputed by doctors and teaching hospitals in the Open Payments database published Tuesday (Sept. 30) in order to give physicians and hospitals more time to review the information, but the highly anticipated database includes de-identified data in cases where it was unclear exactly to which physician the payments should have been linked.
The Open Payments site will include 4.4 million payments valued at almost $3.5 billion, according to CMS. Payments from drug and device makers, as well as group purchasing organizations, which were disputed by physicians or hospitals and not corrected before the end of the review and dispute period (Sept. 11) were not included in the most recent batch of Open Payments data because of timing issues, CMS officials said on a call.”