“This article chronicles the (first) year I spent opposing the constitutionality of Obamacare: Between debates, briefs, op-eds, blogging, testimony, and media, I have spent well over half of my time since the legislation’s enactment on attacking Congress’s breathtaking assertion of federal power in this context. Braving transportation snafus, snowstorms, and Eliot Spitzer, it’s been an interesting ride. And so, weaving legal arguments into first-person narrative, I hope to add a unique perspective to an important debate that goes to the heart of this nation’s founding principles.”
“In an action with major implications for health reform in Michigan, the state House has voted to turn down — at least for now — nearly $10 million in federal funds to create a statewide health exchange by 2014 to sell more affordable, standardized health insurance to consumers and small businesses.”
“President Obama says his health care ‘reform’ will be good for business.
Business has learned the truth.
Three successful businessmen explained to me how Obamacare is a reason that unemployment stays high. Its length and complexity make businessmen wary of expanding.”
“Republicans and a Democrat on a House Small Business subcommittee Dec. 15 expressed concerns that a key insurance requirement of the health care reform law will reduce competition and harm health insurance brokers… The Patient Protection and Affordable Care Act‘s medical loss ratio (MLR) provision, which requires insurers to spend at least 80 percent of premiums on medical claims or quality improvements in the individual and small group markets and at least 85 percent in the large group market, is likely to deter small insurers from entering the market and lead to established insurers leaving the market, Coffman said.”
“President Obama’s healthcare reform law will be under attack on every conceivable front next year. Its first life-or-death experience lies in the hands of the Supreme Court, which could potentially strike down the Affordable Care Act as early as June… Legislation to remove the long-term-care CLASS Act could get through the Senate after the administration declared the program isn’t sustainable. And a House bill to repeal the law’s independent payment advisory board, one of the few provisions to control costs, has at least 12 Democratic co-sponsors.”
“The Supreme Court will begin on March 26 with one hour of arguments on whether it can reach a decision on the reform law before 2014. There is a possibility that a separate federal law will prevent the courts from ruling until the law’s individual mandate has taken effect. On March 27, the justices will hear two hours of arguments on the core question of whether the mandate is unconstitutional. And on March 28, the court will hear arguments on two issues: how much, if any, of the law’s other provisions can be upheld if the mandate is unconstitutional, and whether the health law’s Medicaid expansion is constitutional.”
“With many states unwilling or unable to get insurance exchanges operational by the health law deadline of Jan. 1, 2014, pressure is growing on the federal government to do the job for them.
But health care experts are starting to ask whether the fallback federal exchange called for in the 2010 health law will be operational by the deadline in states that will not have their own exchanges ready.”
“2011 was supposed to be a bad year for President Obama’s health care law, with House Republicans taking aim and federal lawsuits snaking their way through the judiciary. And although the House of Representatives has had limited success in dismantling the overhaul, key portions began to unravel all by themselves.
Here’s a look at the Patient Protection and Affordable Care Act’s year in review.”
“The Indoor Tanning Association, an industry group, claims that 14 percent of tanning salons in Minnesota have gone out of business since 2009, a decline from 477 to 419. The group blames the additional burden of a 10 percent tax placed on salons starting July 1, 2010, as part of the health care reform law. The industry continues to press Congress for repeal, saying women-owned businesses are being disproportionately affected and that the tax is being unfairly applied because many health clubs don’t have to pay.”
“A small business health insurer broker testified today that Obamacare’s Medical Loss Ratio (MLR) regulations has cut his revenues, forced many of his competitors out of business, and may end the small business insurance broker industry entirely… Obamacare is regulating these small businesses out of existence by defining the commission they earn in as administrative overhead the purpose of calculating an insurance companies MLR. Obamacare mandates that insurers in the individual and small group market must spend 80% of their premium dollars on medical costs, not overhead.”