“The U.S. Food and Drug Administration estimates that it will take the food service industry 14 million additional hours each year to comply with a new regulation that mandates chain restaurants and vending machine operators label the products they sell with a calorie count in a place visible to the consumer.”
“Voters in Oklahoma and Arizona resoundingly supported ballot initiatives to opt-out of the federal health reform law, while Colorado voters appeared headed to rejecting a similar measure.”
“The legal battle over Obamacare is only beginning, with appeals proceeding all over the country. These cases present the fundamental questions of where government gets its powers, and what the constitutional limits to those powers are.”
“Patient choice looks to be the first casualty of Obamacare. The new healthcare law gives the federal government unprecedented control over medical decisions. And one bureaucrat in particular looks to be leading the crusade for more public power: Dr. Donald Berwick, the new director of the Centers for Medicare and Medicaid Services (CMS). CMS may be obscure. But it wields enormous influence over the availability of treatments. If CMS decides a treatment isn’t worth its price, public insurance programs like Medicare and Medicaid will stop covering it, and patients will lose access to the treatment.”
Many embattled House Democrats who voted to pass ObamaCare just seven months ago no doubt wish they had listened to the American people rather than to their leadership and said “No!” to the massive health overhaul law.
If a Democrat boasts about voting Yes, it is such a rarity that it makes news. In all but a very few races, support for the law is a huge liability on the campaign trail.
Nervous Democrats are defensively asking voters to give them another chance so they can fix it and get it right this time. It would be something of an understatement to say that most voters are disinclined to do that.
There will be huge political consequences for slamming such a massive change into law – one that will directly affect virtually every American and every corner of the health sector.
Here are the top 10 reasons the health law is unraveling:
- State pushback: State opposition is building and will become more intense next year. About 10 states, led by Mississippi Gov. Haley Barbour, are talking about forming a unified front to oppose the law’s mandates. And up to 25 new governors will be elected on Nov. 2, most facing huge budget pressures and most with no intention of falling into line to implement a law many actively campaigned against.
- Voter rejection: Three states — Oklahoma, Arizona, and Colorado — have ballot initiatives before the voters in November, all repudiating the health law. Passage will give even more impetus to proponents of repeal, following the 71% vote against the law in Missouri in August.
- Lawsuits: There are at least 15 lawsuits against the law, and the two largest moved forward in the last week. Two federal judges have said that there is enough substance to the constitutional questions to allow the challenges to proceed. Arguments were heard in Virginia on Monday and are scheduled for December in Florida. The suits are marching toward the U.S. Supreme Court, likely in 2012-2013.
Backers of the health law are concerned that if the individual mandate is declared unconstitutional, the court will strip out everything that wouldn’t have passed without the mandate. That would surely include insurance “reforms” but possibly hundreds of billions of dollars in insurance subsidies.
- Rising costs: Health insurance costs already are rising as a result of the law, and the pressures will intensify. Boeing is the latest company to tell its 90,000 employees that it plans to increase the price of employee health insurance for its non-union workforce over the next few years in response to rapidly rising insurance costs, at least partly because of the health law.
- Towering deficits: Gov. Philip Bredesen, Democrat of Tennessee, warned in a Wall Street Journal commentary Thursday that the health overhaul law creates strong incentives for employers to drop health coverage. This would dramatically increase the cost for taxpayers, as former Congressional Budget Office Director Doug Holtz-Eakin of American Action Forum has explained. Congress may find it is essential to ask the CBO to recalculate the actual cost of the health overhaul law to protect taxpayers from an even larger wave of red ink.
- Seniors hit hard: Medicare Actuary Rick Foster confirmed that the health overhaul law will result in “less generous benefits packages” for seniors on the popular Medicare Advantage program and that the coverage will cost them more. Foster estimates seniors’ costs will go up by $346 in 2011 and as much as $923 by 2017.
- Millions losing coverage: The Principal Group announced it plans to drop health coverage for 840,000 policyholders; millions of seniors will lose Medicare Advantage plans; child-only policies already are vanishing from the market because of HHS rules; retirees are losing supplemental coverage; and major employers such as AT&T, Caterpillar, John Deere, Verizon, and countless others are considering dropping health benefits over the mid- to long-term.
- Job-killing mandates: The U.S. Chamber of Commerce said that nearly eight in 10 small business leaders expect their costs to increase as a result of the new law. Many are fearful of the impact of new health insurance mandates, and the majority say they will be less likely to hire new employees and more likely to reduce current benefits.
- Searching for the exits: The McDonald’s waiver shows that companies have to be protected against the law to avoid its damage; dozens more waivers have been granted so a million people didn’t lose their mini-med coverage just before the election. The Wall Street Journal asked, “Wouldn’t it be better to write less destructive rules in the first place? Or why not give everyone a waiver from everything?”
- Reduced quality, higher costs: A Wall Street Journal poll last week found that a majority of voters believe the new law will cause them to get lower quality care, pay more in insurance premiums or taxes, or both. A plurality favors repeal, and those who know most about the law favor repeal by more than two to one.
If Republicans capture the House on November 2, expect dozens of hearings to point out the many problems we already are seeing with the law — from driving up costs, to causing millions of people to “lose the coverage they have today,” to massive new deficit spending on new entitlement programs, to budget-busting Medicaid mandates.
As Rep. Paul Ryan (R-WI) said at a briefing about the overhaul law, “This cannot stand!”
“But despite seven decades of stretching by a Supreme Court eager to accommodate every congressional whim, the Amazing Elastic Commerce Clause is still not expansive enough to cover the unprecedented command that people purchase a product from a private company in exchange for the privilege of existing.”
“And stretched to its logical conclusion, the mandate’s policy implications are absurd. As one successful political opponent of the mandate once said: ‘If a mandate was the solution, we could try that to solve homelessness by mandating everybody buy a house.’ That’s probably somewhat exaggerated, but it’s basically a fair point. And it was first made on the campaign trail by President Obama.”
“The White House had to play favorites with Senators and special interests to pass ObamaCare, and its implementation is no less ugly. But the waiver wave is most telling for what it says about the architects of this plan. By bending their own rules, they’re conceding their destructiveness.”
“ObamaCare was not about fixing the insurance market. It was about seizing control of it. Thus it shouldn’t be surprising that a new analysis by the Congressional Research Service says that states can use ObamaCare to erect a de facto single-payer system by simply excluding from their exchanges every plan but a state-run ‘public’ plan. ‘There is no specific language in [the president’s health plan] that would prohibit an exchange from denying certification to every private plan that applies,’ the analysis finds.”
“Government, at both the federal and the state levels, is no longer merely an umpire. It is not just setting rules and impartially enforcing them, government all too often is taking sides and picking winners and losers. Overall, Americans accept and expect government as a regulator, but in the world of health care, it is also a purchaser and competitor. There are countless examples in Medicare and Medicaid in which the federal government and states have re-written the rule book to favor a particular hospital or type of provider, or block competition. Special accommodations that were justified (or rationalized) in the past as ‘one-time deals’ or ‘transitional’ somehow become embedded parts of the program.”