Almost no one saw it coming.
In 2012, Chief Justice John Roberts famously ruled the Affordable Care Act’s provision mandating most people purchase health insurance or else pay a fine constitutional on the basis that Congress has the authority to tax individuals, and the so-called Obamacare “fine” is effectively a tax.
As the now-deceased Justice Antonin Scalia pointed out in his dissenting opinion, in classifying the Obamacare penalty as a “tax,” Roberts ignored history, the language of the healthcare law, statements made by the Obama administration and Democrats in Congress, and common sense. (The obvious difference between a fine and a tax is that the purpose of a tax is to raise revenue, not to force people to behave in a particular way.)
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Oregon’s seven Obamacare insurers are asking for an average nearly 8 percent rate increase for 2019, with some plans calling for hikes of as much as 16 percent.
Of the seven insurers selling plans on the individual market and the law’s exchanges, six plan on raising rates next year between 5 percent and 16 percent. The other insurer aims to reduce rates by nearly 10 percent. Insurers that are proposing rate increases point to the repeal of Obamacare’s individual mandate penalty in 2019 as a reason.
The news comes as Democrats and Obamacare allies are attempting to tie the GOP to any rate increases because of changes the Trump administration and the Republican-controlled Congress have made to the law.
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Time and opportunity still exist to replace Obamacare.
Senate Majority Leader Mitch McConnell, R-Ky., ought to make it a priority, and should make clear he is open to pushing through a budget resolution next month to make it happen.
It can’t happen without the budget resolution, because that’s the only way they can avoid a bill-killing filibuster and pass the healthcare reform with a bare majority of 50 votes (plus Vice President Mike Pence) in the Senate.
Here’s why and how it could still come together.
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More Democrats than ever have signed on to a proposal that would shift every U.S. resident onto Medicare, but a large proportion remain uncertain about heading into a completely government-run system as an immediate sequel to Obamacare.
The Medicare for All Act that has been introduced would move everyone in the U.S. onto Medicare, even if they have private healthcare coverage. It is backed by Sen. Bernie Sanders, I-Vt., and an unprecedented 16 Democratic senators. Among them are possible 2020 presidential hopefuls Sens. Cory Booker, D-N.J., Kamala Harris, D-Calif., Elizabeth Warren, D-Mass., and Kirsten Gillibrand, D-N.Y. Most Democratic lawmakers in the House have co-sponsored a similar bill.
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Republican leadership emerged from their Camp David policy retreat earlier this month announcing that significant healthcare reform is not on their 2018 agenda. That’s bad news for the one-quarter of Americans who put off or postpone getting the healthcare they need each year because of its costs, which have doubled since 2013.
To meaningfully address these skyrocketing healthcare costs, bold reforms are needed. Rather than simplistic assertions that blame doctors, legislators must tackle healthcare’s stultifying bureaucracy consisting of federal and state government agencies, big insurance companies, and, yes, the American Medical Association.
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Sen. Ted Cruz, R-Texas, on Wednesday said Republicans needed to “finish the job” on repealing and replacing Obamacare in 2018, and he is pushing his colleagues to use one last reconciliation bill before the midterms to deliver on their long-running promise.
In a meeting with the Washington Examiner in his Senate offices, Cruz said he has had long conversations with the Republican senators who blocked legislation last time around, and still thinks they can get something across the finish line. He also said there has been talk of asking the Congressional Budget Office to rescore repeal legislation now that the individual mandate is off the books, which is expected to drive down the CBO’s estimate of the number of individuals who would be uninsured under Republican legislation.
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Several House Republicans said two bipartisan Obamacare stabilization bills need to include more reforms in order to get support in the House.
The comments came the same day that some senators said a deal to end a three-day government shutdown provides a new opportunity to approve the two bills. The comments highlight the same struggle that has plagued the two bills: While the Senate GOP leadership and President Trump are on board with passage, the House is not.
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Conservative policy experts and strategists continue to quietly meet and craft a legislative replacement for Obamacare, and with good reason.
People are hurting under the current broken system that denies individuals control over their own health decisions while hugely driving up their costs. Premiums have been rising by ungodly amounts (an average of 37 percent in 2018), while nearly one-third of all counties feature just a single insurer offering coverage in an Obamacare exchange.
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Sen. Lamar Alexander said he wants to add legislation to try to stabilize Obamacare’s insurance exchanges in a long-term spending deal, which Congress could pass as early as next month.
The comments from the chairman of the Senate Health, Education, Labor and Pensions Committee come as Congress is nearing a government shutdown Friday, with no deal for a short-term spending deal. Senate GOP leadership and President Trump have committed to the Obamacare bills, but House GOP leadership has not.
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Pro-Obamacare lawmakers and activists are urging the Trump administration to allow a grace period for open enrollment so that people who have trouble using healthcare.gov are able to finish their applications.
The Trump administration has not said if it will allow a grace period, but an announcement about a final decision may not come until Friday.
During the 2015 and 2016 open enrollments, the Obama administration announced extensions on the same day as the deadline. The decision was made in 2015 to extend the deadline by two days because of “unprecedented demand,” and in 2016, the deadline was extended by four days as about 1 million people left their names at the call center to keep their place in line.
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