delay

Obamacare’s Employer Mandate Delays Head-to-Head

“[The President] shall take care that the laws be faithfully executed…” — Article II, Section 3 (The Faithful Execution Clause)

Yesterday’s announcement of additional Obamacare employer mandate delays offers us yet another occasion to turn to actual the law passed by Congress.  When the four statutory Obamacare provisions below are viewed head-to-head against the new Obama Administration/IRS regulatory guidance, it’s clear that one of these things is not like the other.

EXHIBIT I: EFFECTIVE DATE

Statutory Authority - PPACA Section 1513(d):

(d) EFFECTIVE DATE.—The amendments made by this section shall apply to months beginning after December 31, 2013.

Obama Administration/IRS - Preamble to the February 10, 2014 Final Regulations (Page 106):

Section 1513(d) of the Affordable Care Act provides that section 4980H applies to months after December 31, 2013; however, Notice 2013-45, issued on July 9, 2013, provides as transition relief that no assessable payments under section 4980H will apply for 2014…Notice 2013-45 provides that the employer shared responsibility provisions under section 4980H (and the information reporting provisions) will become effective for 2015.

Obamacare, in one photo

Given this week’s news of yet another delay to yet another Obamacare regulation that just five short years ago was going to literally keep people from dying in the streets, I thought an illustration would be useful. So here it is:

flaming train

Yep. That’s it. That’s Obamacare in a nutshell.

I first saw this image linked to Obamacare by Twitter user @cuffymeh (#FF) a couple years ago during the 2012 presidential campaign when the first delays and waivers started popping up. I laughed for a good 10 minutes. It perfectly portrays everything about Obamacare in one neat, catastrophic package.

The absurdly huge amount of flame represents the massive size of the failure so far. From waivers, to delays, to implementation, to website failures, to coverage gaps, to state rebukes, to ever-sinking poll numbers. It is uniquely appropriate that there are more flames and smoke than train in the photo.

While it is, of course, a still photo, the train does have a sense of motion, but it seems like a very sluggish, hampered speed. Obamacare has moved just as slowly and ungracefully. Some of the parts that would eventually become the law started being proposed in 2007 even before the 2008 presidential campaign heated up (pun fully intended).

Obama administration delays employer mandate until 2016

The Treasury Department and Internal Revenue Service announced this afternoon that it will delay enforcement of Obamacare’s employer mandate until 2016 for businesses with less than 100 employees.

The employer mandate is a provision of Obamacare that requires businesses with 50 or more full-time employees, defined as someone who works at least 30 hours a week, to offer health insurance benefits or face a punitive, $2,000 per worker tax.

The provision was supposed to take effect at the beginning of 2014, as required by statue. Businesses expressed concern about the mandate, and many responded by cutting hours or dropping health benefits. The Treasury Department unilaterally delayed enforcement of the provision last summer, making the announcement in a blog post.

The Treasury Department announced today that it is delaying enforcement of the provision for businesses with 50 to 99 full-time employees until the beginning of 2016.

“While about 96 percent of employers are not subject to the employer responsibility provision, for those employers that are, we will continue to make the compliance process simpler and easier to navigate,” said Mark Mazur, Assistant Secretary for Tax Policy.

No, Obamacare will not “fail” if we just get out of the way

Now that the anti-Obamacare defund “strategy” (such as it was) has been tried and failed, many on the right are suggesting we get out of the way and let it be implemented in full, on time, as written, so that it can be allowed to fail on its own. The theory is that when it doesn’t work, runs out of money, and breaks the insurance system, the public will demand its repeal just in time for a Republican president to be elected in 2016 and do just that. This, like “repeal and replace” and defund before it, is an unwise and short-sighted strategy.

What precedent is there for a government program, especially an entitlement, failing and just ending? Social Security is out of money, but no one will touch it. Medicare is out of money, Obamacare cut doctor payments rates under it, but no one will dare to truly reform it. Welfare was reformed, not ended or repealed, in the 1990s. Food stamps have exploded. Medicaid doesn’t work either, but was expanded under Obamacare. But we somehow think that if Obamacare runs out of money or doesn’t work as well as it was intended, it will just go away, unlike every other program ever?

Don’t Settle for One-Year Individual Mandate Delay

Let’s get one thing straight: Any compromise on the CR that fails to block the ObamaCare exchange subsidies is unacceptable.

On Saturday afternoon, Speaker Boehner and the House Republican leadership issued a joint statement indicating their intent to vote on two amendments to the Senate CR that was denuded of its key provisions to defund ObamaCare:

“The first amendment delays the president’s health care law by one year. And the second permanently repeals ObamaCare’s medical device tax that is sending jobs overseas.”

Early Sunday, the House Republicans followed through on the plan. The key amendment is the first one referred to above, which delays most of ObamaCare’s core 2014 provisions, including the exchange subsidies and individual mandate, for one year.

The amendment is the product of Rep. Marsha Blackburn (R-TN).  You can read the full text of the Blackburn Amendment on cspan.com, and you can view her floor speech offering the amendment on YouTube.

House Republican proposes spending bill that would delay ObamaCare

Editor’s note: This post has been updated to reflect the Club for Growth and FreedomWorks’ endorsements of Graves’ plan.

Amid growing concerns that House Republicans will be unable to find the votes to pass a Continuing Resolution to before the end of the month, Rep. Tom Graves (R-GA) has proposed a measure that would keep the government open while also delaying implementation of ObamaCare until 2015.

House Republicans leaders tried some legislative trickery by proposing a Continuing Resolution that wouldn’t defund ObamaCare. Division in the party’s ranks caused the leaders to delay a vote on the measure and threaten the cancelation of the September recess.

“After weeks of working with and listening to members on how to approach the government funding deadline, it’s clear that House Republicans are united around two goals: keeping the government open and protecting our constituents from the harmful effects of Obamacare,” said Graves, a member of the House Appropriations Committee. “Today, my 42 cosponsors and I are putting forward a plan that achieves both goals.”

Graves says the plan is “straightforward.” The measure funds the government a post-sequester levels, with the exception of defense and national security, while keeping true to House Republicans’ desire to delay and defund ObamaCare.

White House threatens to veto ObamaCare mandate delays

Despite the Obama Administration acting to delay parts of ObamaCare, the White House issued a veto threat yesterday on two pieces of legislation proposed in the House that would delay the individual and employer mandates.

“The Administration strongly opposes House passage of H.R. 2667 and H.R. 2668 because the bills, taken together, would cost millions of hard-working middle class families the security of affordable health coverage and care they deserve,” the White House said in a statement. “Rather than attempting once again to repeal the Affordable Care Act, which the House has tried nearly 40 times, it’s time for the Congress to stop fighting old political battles and join the President in an agenda focused on providing greater economic opportunity and security for middle class families and all those working to get into the middle class.”

“H.R. 2667 is unnecessary, and H.R. 2668 would raise health insurance premiums and increase the number of uninsured Americans,” added the White House. “Enacting this legislation would undermine key elements of the health law, facilitating further efforts to repeal a law that is already helping millions of Americans stay on their parents’ plans until age 26, millions more who are getting free preventive care that catches illness early on, and thousands of children with pre-existing conditions who are now covered.”

Robert Gibbs predicts demise of Obamacare’s employer mandate

Robert Gibbs

In a speech at an insurance industry event in Colorado, Robert Gibbs, a former White House official, predicted that the Obama administration will permanently nix Obamacare’s employer mandate, a destructive provision of the law that has been delayed twice already:

“I don’t think the employer mandate will go into effect. It’s a small part of the law. I think it will be one of the first things to go,” he said to a notably surprised audience.

The employer mandate has been delayed twice, he noted. The vast majority of employers with 100 or more employees offer health insurance, and there aren’t many employers who fall into the mandate window, he said.

Killing the employer mandate would be one way to improve the law — and there are a handful of other “common sense” improvements needed as well, he said.

The employer mandate is a provision of Obamacare that requires businesses with 50 or more full-time employees, defined as someone who works at least 30 hours a week, to offer health insurance benefits or face a punitive, $2,000 per worker tax.

Reid to Americans: You’re too stupid to know how to use the Internet

During a press conference on Wednesday, one that was supposed to be about immigration reform, Senate Majority Leader Harry Reid (D-NV) found himself defending the Obama administration’s extension of the Obamacare enrollment deadline.

Reid, whose behavior in recent weeks is odd even for him, told reporters that reason the administration extended the enrollment deadline past March 31 is because Americans don’t know how to use the Internet:

“No, it’s through no fault of the Internet, because people are not educated on how to use the Internet,” Reid said.

Reid referenced a story he heard on the radio, in which a 63-year-old woman in Connecticut was able to sign up for the law in person at one of two locations set up by the state. The woman said she was nearly successful at signing up on healthcare.gov, but the system cut her off at the end.

“We have a lot of people just like this,” Reid said.

Here’s the video via the Washington Free Beacon:

Turley blasts Obama’s “uber presidency”

Jonathan Turley continues to be one of the few leftists with a conscience when it comes to the concentration of power in the executive branch. Though he agrees with many of President Barack Obama’s policies, the Georgetown law professor, who recently testified before the House Judiciary Committee, has serious concerns about the means through which he has enacted them.

In a post at his blog on Friday, Turley responded to latest major change in the law, in which the administration ostensibly delayed enforcement of the individual mandate, blasting President Obama for ignoring the Constitution and criticizing Democrats for enabling the administration: (emphasis added):


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