“Another ObamaCare provision is falling on its face, but this is one that hardly anyone even knew existed.
Part of the law called for the creation of “Consumer Operated and Oriented Plans” (CO-OPs). The law originally appropriated $6 billion to set up these plans in all 50 states. It created an entirely new section of the Internal Revenue Code (Sect 501-C-29) to allow this new type of member-operated organization to be tax-exempt. They were intended to be sort of like the “public option” the Democrats wanted to compete with private insurance plans.”

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“If you’ve never heard of the law’s medical loss ratio (MLR) provision, you’re certainly not alone. This simple calculation has had the effect of radically reducing what health insurance agents earn. That, in turn as greatly restricted their ability to help million of Americans navigate the maze of approvals needed for medical procedures and processing claims. It has also had a devastating effect on these agents’ businesses and is disrupting the insurance market.”

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“Health and Human Services Secretary Kathleen Sebelius hopes you will believe her and not your own eyes, as she pens an op-ed in the Washington Post deceptively entitled, ‘The Affordable Care Act, helping Americans curb health-care costs.’
Health costs are rising, as we all can see, and independent analysts confirm they will accelerate under Obamacare.”

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“You’ll notice, however, that there’s something missing from the op-ed: any mention of actual health insurance premium prices. That’s not particularly surprising, I suppose, given that the premise of the piece is that the law helps make health care cheaper, yet since the law passed, family health insurance premiums have risen substantially faster than in the years before the law went into effect, rising nine percent following several years of three to five percent rises.”

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“The latest Kaiser Health Tracking Poll shows that, since the survey taken in the first month after Obamacare’s passage, the gap between those who like Obamacare and those who dislike it has swung 8 percentage points against the health care overhaul. Kaiser is an outlier poll, consistently showing greater support for Obamacare than can be found nearly anywhere else. Yet even Kaiser’s polling now shows that only 41 percent of Americans support President Obama’s signature legislation.”

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“Will the Patient Protection and Affordable Care Act (ACA) improve the performance of the U.S. health care system? The quality of the major interim final regulations issued under the ACA in 2010 gives three main reasons for pessimism on this score.”

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“More than 100 congressional Republicans signed a brief Friday urging the Supreme Court to strike down the entire healthcare reform law if it finds the law’s individual mandate unconstitutional… More than 100 economists, including Nobel laureates, joined a separate brief Friday on the issue of severability. That brief, filed by the American Action Forum, says the cost of the healthcare law would skyrocket without the mandate, making it unlikely that Congress would have passed the law without it.”

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“Yet another provision of ObamaCare has been found unworkable… Now it turns out the much-vaunted tax credit for small employers is also a bomb. At a recent (November 15, 2011) hearing of the Ways and Means Committee, the Treasury Department’s Inspector General J. Russell George reported that as of mid-October 2011 only 309,000 taxpayers had claimed the credit, for a total payout of $416 million — far below the 4.4 million the IRS thought would be eligible or the CBO estimate of $2 billion that would be paid out in 2010 alone.”

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“The final medical loss ratio (MLR) regulations will likely create a vacuum for affordable coverage that cannot be filled by Bronze plans under the state insurance exchanges. If the ‘essential benefits’ and ‘actuarial value’ requirements are equally as discriminatory, there will be no affordable options available and the cost of subsidies will skyrocket. As a result, millions of Americans that have policies today that could have qualified as Bronze plans will be forced to change their coverage or drop coverage because they can no longer afford it.”

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“The Obama administration is headed into a Supreme Court case over healthcare reform without a clear answer to significant questions about Congress’s power… Several lower courts have said the mandate falls within the bounds of the Commerce Clause, but even they have been wary about the Justice Department’s inability to clearly define a limit on Congress’s power.”

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