Posted on 07/16/2012 10:22:49 PM PDT by smokingfrog
Section 1401 of the Affordable Care Act is, on the surface, just as exciting as it sounds. It outlines in excruciating detail the eligibility requirements for an American to receive a tax subsidy to assist in purchasing health insurance.
Thats at first glance, at least. Two experts who recently scoured Section 1401 think they found something huge: a missing word that could undercut the Affordable Care Acts promise of affordable health insurance.
Case Western Reserve Universitys Jonathan Adler and Cato Institutes Michael Cannon argue in a new paper that any federally-established health insurance exchange does not have the authority to dole out health insurance subsidies. Those subsidies are important: They are the $800 billion in tax credits meant to subsidize coverage for low- and middle-income Americans.
If that is true and its worth noting that the Obama administration, along with a number of legal scholars, argue that it is not it would significantly curtail the Affordable Care Acts ability to do what its supposed to do: make health care affordable. And that puts Section 1401 at the center of a burgeoning debate over what Congress meant when it wrote the Affordable Care Act, and how that effects its ultimate implementation.
It could be an Achilles heel, Cannon said.
Lets back up and look at Adler and Cannons argument. It starts with the the Affordable Care Acts defining a health insurance exchange, in scintillating Section 1311, as a governmental agency or nonprofit entity that is established by a state.
The last three words are the crucial ones, because they indicate that only states can establish exchanges under that Section 1311. Theres a whole other part of the law, Section 1321, that allows the federal government to set up federal exchanges in states that do not take on the task themselves.
(Excerpt) Read more at washingtonpost.com ...
**It could be an Achilles heel, Cannon said.**
Let’s hope it shuts the whole thing down.
Since when has “the law” stopped politicians lately?
Start hanging the abusers, it may begin to change. Otherwise we continue the slide into the 4th Reich.
No kidding! We know what the next “waivers” and executive orders will say.
So let me see if I understand this?
They can still collect the funds.
They can’t spend them on medical care.
i.e. (Ten Commandments)
A copy of 0bama care could keep you warm for three winters... FAIL
What are the chances Roberts might have known something about this when he made his decision, I wonder?
Make any convoluted legal argument you want, leftists will just do what they want - who’s going to stop them?
...... STOP .... LIEING....
What Congress meant? Hello?
No member of Congress laid eyes on that law until it was delivered complete, having sprung from the head of Soros fully formed. If any member (or former member) of Congress had a part in writing it, they are too embarrassed to admit it.
So no, no member of Congress can possibly know what they meant, since they never even read the law before it was passed, never mind write any part of it.
Ultimately, it doesn't matter what they intended to legislate. They can only apply what the language actually says. No more --- no less.
What Congress meant? Hello?
No member of Congress laid eyes on that law until it was delivered complete, having sprung from the head of Soros fully formed. If any member (or former member) of Congress had a part in writing it, they are too embarrassed to admit it.
So no, no member of Congress can possibly know what they meant, since they never even read the law before it was passed, never mind write any part of it.
Ultimately, it doesn't matter what they intended to legislate. They can only apply what the language actually says. No more --- no less.
Good point, especially since even Pelosi held a press conference saying, “ we have to pass it, before we can know what’s in it”. The ignorance was broadcast far and wide and the albatross didn’t pass with a single Republican vote.
“Section 1311, as a governmental agency or nonprofit entity that is established by a state.
Repeating...”established by A state”, with the emphasis on “A”...not “the”.
They know it’s true, and this is why what the Rep. governors are doing scares them to death.
I’m sorry and I hate to be a dickhead, I really do, but the spelling is LYING.
C’mon folks. We all make mistakes, but damn.
One word:
tax
IT consulting companies are already working on these exchanges as if it is all good to go...sad.
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