The Obama administration is maneuvering to pay health insurers billions of dollars the government owes under the Affordable Care Act through a move that could circumvent Congress. Justice Department officials have privately told several health plans suing over the unpaid money that they are eager to negotiate a broad settlement, which could end up offering payments to about 175 health plans selling coverage on ACA marketplaces. The payments likely would draw from an obscure Treasury Department fund intended to cover federal legal claims, controverting congressional will and intent.

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Despite the maze of federal rules, taxes, and penalties Obamacare has created, Democrats are doubling down on government interference in health care by advocating for an old, already passed-upon idea: a government-run plan option, or a so-called “public option.” They forget why this idea was not included in their original plan: it simply doesn’t work. In a health system that values innovation, choice, first rate care, and groundbreaking treatments for patients, market forces must be at play to drive efficiency and effectiveness from not only hospitals and doctors, but insurers as well.

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The Obama administration is illegally refusing to make payments to the U.S. Treasury and instead is giving funds collected under Obamacare to insurers, according to a new report from an independent government watchdog, the Government Accountability Office. The funds in question were collected as part of Obamacare’s reinsurance program, and the GAO confirmed that under law, part of the money collected must be deposited into federal coffers, not sent to insurers to prop up ObamaCare.

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