Posted on 04/13/2010 8:33:03 AM PDT by Sub-Driver
Oops: Congress Won't Even Be Able to Keep the Plans They Have Under Obamacare BY Mary Katharine Ham April 13, 2010 11:10 AM
"Significant unintended consequences." Who woulda thunk it?
In a new report, the Congressional Research Service says the law may have significant unintended consequences for the “personal health insurance coverage” of senators, representatives and their staff members.
For example, it says, the law may “remove members of Congress and Congressional staff” from their current coverage, in the Federal Employees Health Benefits Program, before any alternatives are available.
The confusion raises the inevitable question: If they did not know exactly what they were doing to themselves, did lawmakers who wrote and passed the bill fully grasp the details of how it would influence the lives of other Americans?
Good to see the New York Times is now curious about that question, after the bill has passed. Priorities. You can't let landmark legislation and the Obama legacy suffer just because a bunch of right-wingers are fearmongering with their obvious questions and legitimate concerns, people.
But don't worry. They'll take care of it, because it affects them. You? Let's face it. You're probably on your own:
Congress must now decide what steps, if any, it can take to deal with the problem. It could try for a legislative fix, or it could adopt internal policies to minimize any disruptions.
And, the kicker— even the Congressional Research Service can't figure this bill out:
“This omission, whether intentional or inadvertent, raises questions regarding interpretation and implementation that cannot be definitively resolved by the Congressional Research Service,” the report says. “The statute does not appear to be self-executing, but rather seems to require an administrating or implementing authority that is not specifically provided for by the statutory text.”
I'm assuming you don't have a research service dedicated to figuring out how this bill will affect you. Yeah, me neither. I don't know whether to feel worse or better about the fact that it probably wouldn't help if I did.
I don't speak legalize so well, but does this mean that Obamacare can effectively be defunded simply by not authorizing such authority?
They will have to hire “private” doctors, nurses and health care providers for themselves as a “group”, that work ONLY for Congress and no one else. Their own private hospital and clinics, unavailable for “the masses” who paid for them....................
My veterinarian can take care of `em, since they’re goin’ to the dogs anyway.
We don't even enjoy the rule of law in this country anymore!!!
If this is true, here is the best part. The House of Senate will have to introduce a bill to remove members from Obamacare. Imagine the “firestorm” that will occur!!
Only way this will be able to be done in secret is to place an amendment addressing the issue in some non controversial bill that will sail through the House and Senate without scrutiny.
OH...They will FIND a way....
“Good to see the New York Times is now curious about that question, after the bill has passed.”
The NYT is only worried that the aristocracy may be in danger of sharing benefits with the proletariat.
One of the most powerful arguments against NHC was that the ruling elite exempted themselves from it. This was an attempt to defuse that argument without losing their cadillac coverage. Obfuscation is an old and effective tactic.
What authority is in charge of congressmen's healthcare now? Do they have to use Obamacare or not? No one knows anymore. Since no agency is specified, congress will make its own decisions about its healthcare needs. You will see lawmakers (with much fanfare) dutifully visiting their Obamacare physicians for photo-ops, but the gold-plated private facilities will remain for their (and ONLY their) use.
The legal justification for the administrative state (i.e., our current form of government) requires that congress pass an organic act delegating legal authority to adopt regulations to some agency. For instance, the Clean Air and Clean Water acts passed in the 1970s delegated to the newly created EPA the authority to promulgate regulations to effectuate the requirements of those acts. No regulations, no legal requirement to do anything. Same with the ‘33 Securities Act and ‘34 Exchange Act — they created the SEC and delegated authority to that agency to adopt regulations effectuating those statutes.
Other statutes can be self-executing. The federal mail fraud statute, for instance, makes it a crime to make fraudulent misrepresentations through the mail everywhere in the US. No agency has to monitor or regulate the mail fraud statute.
In answer to your specific question, the house of representatives can simply refuse to appropriate money for any action of the federal government. They could, for instance, specify that no federal funds shall be spent by any court, agency, or officer of the united states government for the purpose of hearing or enforcing any claim relating to the First Amendment of the U.S. Constitution. At that point, no court could hear any 1st amendment cases and no executive authority could enforce any rights guaranteed by the 1st amendment.
They could also refuse to appropriate any funds for a specific government agency or department. That would be problemmatic for actual constitutional offices (i.e., you could make a constitutional argument that if they appropriate any money at all, it has to first fund the offices named in the constitution like president).
Finally, the could refuse to appropriate any funds to effectuate any statute.
They HAVE coverage!
What this is saying is that they are EXCLUDED from the hellcare plan. They are COVERED under a DIFFERENT GOVERNMENT PLAN that is a Cadillac plan. Even OBAMA is excluded from the sheeple hellcare. Do you really think they would FORGET about THEIR best interests? LOL!!!
We are stuck with it - the sheeple but our representatives are EXCEMPTED from it and will continue with their current health care plan. There is NO CONFUSION about this.
I hope they lose all of their healthcare and are forced to use the same plan that we peons are being forced into AGAINST OUR WILL.
If this is true, here is the best part. The House of Senate will have to introduce a bill to remove members from Obamacare. Imagine the “firestorm” that will occur!!
Only way this will be able to be done in secret is to place an amendment addressing the issue in some non controversial bill that will sail through the House and Senate without scrutiny.
I wish I had confidence the GOP would stick together 100% on this. But I have the feeling some RINOS will cave with weak excuses (”it’s not fair to the family members of my staff, etc.). I agree it is really going to inflame the populace, however it goes down.
As Rush asked, why the hell doesn't the Congressional Research Service find out how obamacare affects US? I have very little sympathy for congresscrooks.
Or Sebelius will write HHS regulations that say they are exempt. If a firestorm erupts, obama can replace her.
They got what they deserved.
comeuppance
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