“Developments in the last ten days make it more likely that the entire U.S. Court of Appeals for the D.C. Circuit will agree to hear the leading challenge of the Pacific Legal Foundation (PLF) to the Obamacare individual-mandate penalty — and whoever does not prevail at this level will have a compelling case to take to the Supreme Court. An order from the D.C. Circuit last week, instructing the Obama administration to respond to PLF’s petition for rehearing, and an impressive set of amicus briefs supporting PLF’s petition filed yesterday confirm that this is no ordinary litigation.
Readers will recall that Chief Justice John Roberts joined four justices in 2012 to hold that the individual mandate was not authorized by the Commerce Clause or other congressional power, but he sided with four other justices in holding that the penalty for not buying insurance could be read as a tax, pursuant to Congress’s taxing power. No judge below had accepted the tax theory, so the debate over the tax issue in the Supreme Court briefs was truly brief. The Court was careful to write that Congress still had to comply with all constitutional requirements for the exercise of its taxing power, so the initial Obamacare ruling did not purport to end litigation that raised that and other issues.”
“I will be covering Medicaid Health Plans of America’s annual conference in Washington, DC from October 26 to 28. So, I thought I’d prepare for it by reviewing the research on health outcomes for patients on Medicaid. What a tangled web!
According to evidence cited by Forbes opinion editor and Manhattan Institute Senior Fellow Avik Roy, “patients on Medicaid have the worst health outcomes of any insurance program in America – far worse that those with private insurance and, strikingly, no better than those with no insurance at all. “ On March 10, 2011, the Wall Street Journal published a column by Forbes contributor and American Enterprise Institute Resident Fellow Scott Gottlieb, MD, which concluded that “Medicaid coverage is worse than no coverage at all.””
“The Obama administration and liberal activists hope that Gov. Gary Herbert (R-UT) will be the next governor lured into Obamacare expansion on the false promise of flexibility and free money. Herbert says he is nearing the end of negotiations with the federal government and wants to call a special session for the legislature to sign off on the Obamacare expansion plan. Unfortunately, most of the details of the plan remain a mystery. He’s given a few snippets of information here and there, but has thus far not released a detailed proposal.
Utah is often seen as a national leader for its values of helping individuals help themselves. Yet, Medicaid expansion undermines that very value system. Governor Herbert’s Obamacare expansion efforts are disappointing for the many unintended consequences that will follow in the state, and in light of his very strong position against Obamacare in the past. Obamacare Medicaid expansion will replace Utah’s compassionate ‘neighbors helping neighbors mentality,’ and weaken the family values that have been strong in the state for so long.”
“The other night in a debate between Senate Majority Leader Mitch McConnell (R., Ky.) and his challenger, Alison Lundergan Grimes (D.), McConnell argued that it was “fine” to keep Kentucky’s insurance exchange, called Kynect, while repealing Obamacare “root and branch.” This has led the lefty blogosphere to explode in outrage. But Sen. McConnell is right. Repealing Obamacare would leave many states’ exchanges in place. But exchanges like Kynect, under a more market-oriented system, would be meaningfully different than those under Obamacare. And that’s a good thing.”
“California’s health insurance exchange is canceling Obamacare coverage for 10,474 people who failed to prove their citizenship or legal residency in the U.S..
Covered California, the state-run insurance exchange, enrolled more than 1.2 million people during the rollout of the Affordable Care Act this year. For most consumers, the exchange said, it could verify citizenship or immigration status instantly with a federal data hub.
But more than 148,000 enrollees were lacking proof of eligibility and needed to submit documentation. People living in the U.S. illegally aren’t eligible for health law coverage.””
“Colorado’s 2.0 “Kentucky-style” system that is supposed to simplify the way people get health insurance won’t be ready until days before the Nov. 15 open enrollment starts.
And as Colorado’s health exchange enters its busy season, a third “chief” has announced she’s leaving Connect for Health Colorado. Chief Executive Patty Fontneau departed in August. Chief Financial Officer Cammie Blais left two weeks ago. And Chief Operating Officer Lindy Hinman announced her resignation and plans to leave next month after open enrollment begins.”
“Senate Republican Leader Mitch McConnell (Ky.) said Monday he wouldn’t mind if the state healthcare insurance exchange known as Kentucky Kynect stayed but reiterated his call for the full repeal of ObamaCare.
Policy experts have questioned the feasibility of preserving the popular state exchange while also repealing the 2010 Patient Protection and Affordable Care Act, which set it up and similar exchanges around the country.
“Kentucky Kynect is a website. It was paid for by a two-hundred-and-some-odd-million-dollar grant from the federal government. The website can continue but in my view the best interests of the country would be achieved by pulling out ObamaCare root and branch,” McConnell said in a debate with Alison Lundergan Grimes, the Democratic candidate for Senate.”
“As we have written before, Arkansas’ “Private Option” ObamaCare Medicaid expansion has been a disaster for taxpayers, patients and politicians alike. Costs have run over budget every single month since the program’s launch. The Medicaid director who spearheaded the program abruptly resigned to “pursue other opportunities.” The program’s chief legislative architect, a three-term Republican state representative, lost his primary for an open Senate seat to a political newcomer, despite a significant fundraising advantage. And it’s a disaster for patients as well: the ObamaCare expansion plan is already prioritizing coverage for able-bodied adults over care for truly needy patients like Chloe Jones.”
“Some health insurers are having trouble finding doctors and hospitals to accept low rates under Gov. Tom Corbett’s Medicaid expansion plan, leading one company to quit the program and another to reduce participation.
Highmark Inc., the state’s largest health insurer, said it won’t participate in Corbett’s Healthy PA program because it couldn’t sign enough doctors to its network. Healthy PA is an alternative to Medicaid expansion under the Affordable Care Act, proposed by Corbett and approved by the federal government in August, in which private insurers provide coverage to Medicaid recipients.”
“JACKSON, Miss. Groups supporting low-income Mississippi residents said Tuesday that elected officials are ignoring 300,000 people and refusing billions of federal dollars by choosing not to expand Medicaid in one of the poorest states in the nation.
If the state were to extend Medicaid, as allowed under the health overhaul that President Barack Obama signed into law, many low-wage workers could receive coverage that would enable them to afford doctors’ visits, prescriptions and medical supplies, said Roy Mitchell of the Mississippi Health Advocacy Program. He said bus drivers, cashiers, day care workers and many others are in jobs that provide modest paychecks but no health insurance coverage.”