ARRA News Service
ARRA News Service facebook page  
News for social, fiscal & national security conservatives who believe in God, family & the USA. Upholding the rights granted by God & guaranteed by the U.S. Constitution, traditional family values, "republican" principles / ideals, transparent & limited "smaller" government, free markets, lower taxes, due process of law, liberty & individual freedom. All content approval rests with the ARRA News Service Editor. Opinions are those of the authors. While varied positions are reported, beliefs & principles remain fixed. No revenue is generated for or by this site - no paid ads accepted - no payments for articles. Fair Use doctrine is posted & used.
Editor/Founder: Bill Smith, Ph.D. [aka: OzarkGuru & 2010 AFP National Blogger of the Year]
Contact: editor@arranewsservice.com (Pub. Since July, 2006)
    Home Page

One of the penalties for refusing to participate in politics is that you end up being governed by your inferiors. -- Plato (429-347 BC)

Wednesday, August 09, 2017

How States Can Get Exemptions From Obamacare’s Rules

Under Section 1332 of the Affordable Care Act,
states can apply to the secretary of health and
human services for a five-year waiver from
11 of Obamacare's statutory requirements. 
by Robert E. Moffit: The Senate’s failure to pass even a watered-down version of health care reform was compounded by its decision to leave Washington rather than finish the job.

At this juncture, the nation’s governors and state legislators should use every legal means available to them to reform their health insurance markets to the best of their ability and to reduce their citizens’ health insurance costs.

The Cost Crisis -  Federal regulation of state health insurance markets, which contributes directly to higher premium costs, has been a disaster. Enrollees are hammered by double-digit premium increases and deductibles annually climbing into many thousands of dollars.

While lower income persons are largely insulated from these rate shocks because they are heavily subsidized, approximately 10 million middle-class persons in the individual markets must face these costs directly—without even the benefit of tax relief they’d get if they got insurance through an employer.

In some states, insurance costs are so high that enrolling in coverage is akin to financing a second mortgage.

Inevitably, these explosive cost increases will encourage more persons to drop their coverage. Indeed, a recent Heritage Foundation analysis shows a decline of 583,000 persons enrolled in the individual market in 2016, indicating that Obamacare may be shifting from “insuring the uninsured to un-insuring the previously insured.”

The Waiver Option -  Arguably, Obamacare’s biggest single insurance policy change has been the massive transfer of regulatory authority over health insurance markets from the states to the federal government.

Beginning this year, however, state officials can take advantage of Obamacare’s Section 1332, and apply to the secretary of health and human services for a five-year waiver from 11 statutory requirements of the national health law.

Innovative state officials can pursue new policy options and begin the process of restructuring their health insurance markets. In submitting their applications to the Department of Health and Human Services, state officials should go as far as they can to undo Obamacare’s damage.

Areas of Exemption -  States can get Health and Human Services waivers from the highly unpopular individual and employer mandates and their tax penalties.

It is the federal health insurance rules, however, where states can seek the biggest structural changes. For example, they can get waivers that would allow them to redefine a “qualified health plan” in the individual and small group markets.

States could also get waivers from a mandate that’s one of the biggest drivers behind premium increases—the 10 categories of federally mandated health benefits (known as “essential health benefits”)—and the actuarial value mandate that specifies the levels of coverage health plans must offer.

The states can also get waivers from the rules governing health insurance exchanges, requirements governing the risk pooling, and the administration and functions of the exchanges.

State officials can also use waivers to make crucial changes in the financing of health insurance within their health insurance exchanges, such as the eligibility and rules for cost-sharing subsidies and the so-called “premium tax credits.”

For example, they can alter the payment amounts, the benchmarks for setting the payments, and change the rules concerning family size and income eligibility.

Coping With Limitations -  When the Senate recently abandoned health reform legislation, it also jettisoned an amendment easing the process for state officials to secure a Section 1332 waiver.

Notwithstanding the greater difficulty under current law, state officials, seeking a waiver, can still make progress in reducing Obamacare’s regulatory costs on the individual and small group markets. They can also improve, to some extent, the functioning of the Obamacare exchanges within their state borders.

Under current law, state officials offering alternatives must meet certain statutory conditions.

First, under current law, the state health insurance alternatives must enroll as many persons in coverage as Obamacare. The good news for state officials is that this condition is getting easier and easier to meet, since Obamacare coverage projections have routinely fallen far below expectations.

The Congressional Budget Office projections, for example, have been laughably inaccurate. State officials, therefore, should have little trouble meeting Obamacare’s enrollment levels.

Second, state alternatives must meet Obamacare’s standards for “comprehensive” coverage and cost-sharing requirements. While these standards pose more of a challenge, the Department of Health and Human Services also has the administrative authority to interpret and apply these standards.

State officials should be mindful of the fact that administrative agencies, assuming that their rules are reasonable, legally enjoy a privileged position in their interpretation of the rules that they promulgate and apply.

In Chevron USA Inc. v. Natural Resources Defense Council (1984), the Supreme Court ruled that courts should defer to an agency’s interpretation of the law in issuing regulations unless that interpretation is unreasonable.

Third, the state alternatives must not contribute to an increase in the deficit. For conservative governors and legislators, this should be no obstacle.

In 2010, Congress enacted Obamacare on a narrow partisan basis and in the teeth of popular opposition. The national health law epitomizes Washington liberals’ agenda of central planning and bureaucratic control. Its negative consequences were predictable from the very beginning.

The millions of Americans who voted for change, and expected change in federal health policy, are justly angry and frustrated at the poor performance of the Senate.

The good news is that we have a federal system of government, where the people can act through their governors and state legislators. Time for state officials to step up.
-----------------
Robert E. Moffit is a seasoned veteran of more than three decades in Washington policymaking, is a senior fellow in The Heritage Foundation's Center for Health Policy Studies.

Tags: States, Exemptions From Obamacare, Robert E. Moffit, The Daily Signal To share or post to your site, click on "Post Link". Please mention / link to the ARRA News Service and "Like" Facebook Page - Thanks!
Posted by Bill Smith at 4:45 PM - Post Link

0 Comments:

Post a Comment

<< Home


national debt
Don't miss anything!
Subscribe to the
ARRA News Service
It's FREE & No Ads!

You will receive a verification email
& must validate you subscribed!

You Then Receive One Email Each AM
With Prior Days Articles / Toons / More


Also, Join us at:
Facebook.com/ARRANewsService


Recent Posts:
Personal Tweets by the editor:
Dr. Bill - OzarkGuru - @arra
#Christian Conservative; Retired USAF & Grad Professor. Constitution NRA ProLife schoolchoice fairtax - Editor ARRA NEWS SERVICE. THANKS FOR FOLLOWING!

Action Links!
Arkansas State Senators
AR State Representatives
Arkansas Governor Office
Arkansas Attorney General
Bankrupting America
US House of Representatives
US Senators
Family Research Council
GrassFire
NumbersUSA
Ballotpedia
Judgepedia
Sunshine Review

Facebook Accts - Dr. Bill Smith
Pages:
ARRA News Service
Arkansans Against Big Government
Alley-White Am. Legion #52
Catholics & Protestants United Against Discrimination
End Taxpayer Funding of NPR
Overturn Roe V. Wade
Prolife Soldiers
Project Wildfire 4 Life
Republican Liberty Caucus of Arkansas
The Gold Standard
US Atty Gen Loretta Lynch, aka Eric Holder, Must Go
Veterans for Sarah Palin
Why Vote for Hillary (Satire)
FB Groups:
Arkansas For Sarah Palin
Arkansas Conservative Caucus
Arkansas County Tea Party
Arkansans' Discussion Group on National Issues
Blogs for Borders
Conservative Solutions
Conservative Voices
Defend Marriage -- Arkansas
FairTax
FairTax Nation
Arkansas for FairTax
Friends of the TEA Party in Arkansas
Freedom Roundtable
Let's Mine AR Lignite NOW!
Pro-Life Rocks - Arkansas
Republican Network
Republican Liberty Caucus of AR
Reject the U.N.

Patriots
Exchange
Links

Request Via
Article Comment

Links to ARRA News
A Patriotic Nurse
Agora Associates
a12iggymom's Blog
America, You Asked For It!
Americans for a Free Republic
America's Best Choice
America's Whatchtower
An Ol’ Broad’s Ramblings
ARRA Twitter
As A Matter of Fact
As The Crackerhead Crumbles
Baaad Media!
Black & Right
Blogs For Borders
Blogs for Palin
Blow the Trumpet Ministry
Boot Berryism
Cap'n Bob & the Damsel
Chicago Ray Report
Chuck Baldwin - links
Citizen Pamphleteer
Common Cents
Conservative Hideout
Conservative Observer AZ
Conservative Voices
Conway Real Deal
Defeat Obama's Agenda
Diana's Corner
eGOP News
Florida Pundit
Franklin Online Outreach
Freedom For US Now
Free Zone Media Center
For God and Liberty
Garland County Republicans
Greater Fitchburg For Life
Guns and Religion
Lasting Liberty Blog
Liberal Isn't Amy
Liberty's Lifeline
Maggie's Notebook
Marathon Pundit
Monkey in the Middle
NASA Satellites
No Runny Eggs
Okie Campaigns
Our Voices Arkansas
Patriot's Corner
ProLifeBlogs
Publius Forum
Randy's Roundtable
Real Debate Wisconsin
Religion and Morality
Right on Issues that Matter
Right Reason
Rocking on the Right Side
Saber Point
Saline Watchdog
Secure Arkansas
Sentry Journal
Sultan Knish
Teresamerica
Stop Obama Satire & Cartoons
The Arkansas Patriot
The Audacity of Logic
The Blue Eye View
The Bobo Files
The Born Again Americans
TEA Party Cartoons
The Conservative Citizen
The Foxhole | Unapologetic Patriot
The Liberty Republican
The Lid
The Looking Spoon
The Maritime Sentry
The O Word
The Path to Tyranny Blog
The Real Polichick
TOTUS
Truth About Obamacare
Twitter @ARRA
Warning Signs
Women's Prayer & Action
WyBlog

Editor's Managed Twitter Accounts
Twitter Dr. Bill Smith @arra
Twitter Arkansas @GOPNetwork
Twitter @BootBerryism
Twitter @SovereignAllies
Twitter @FairTaxNation

Editor's Recommended Orgs
Accuracy in Media (AIM)
American Committment
American Culture & Faith Institute
American Enterprise Institute
American Family Business Institute
Americans for Limited Government
Americans for Prosperity
Americans for Tax Reform
American Security Council Fdn
AR Faith & Ethics Council
Arkansas Policy Foundation
Ayn Rand Institute
Bill of Rights Institute
Campaign for Working Families
Center for Individual Freedom
Center for Immigration Studies
Center for Just Society
Center for Freedom & Prosperity
Citizens Against Gov't Waste
Citizens in Charge Foundstion
Coalition for the Future American Worker
Competitive Enterprise Institute
Concerned Veterans for America
Concerned Women for America
Declaration of Am. Renewal
Eagle Forum
FairTax
Family Research Council
Family Security Matters
Franklin Center for Gov't & Public Integrity
Freedom Works
Gingrich Productions
Global Incident Map
Great Americans
Gold Standard 2012 Project
Gun Owners of America (GOA)
Heritage Action for America
David Horowitz Freedom Center
Institute For Justice
Institute for Truth in Accounting
Intercollegiate Studies Institute
Judicial Watch
Less Government
Media Reseach Center
National Center for Policy Analysis
National Right To Work Foundation
National Rifle Association (NRA)
National Rifle Association (NRA-ILA)
News Busters
O'Bluejacket's Patriotic Flicks
Open Secrets
Presidential Prayer Team
Religious Freedom Coalition
Renew America
Ron Paul Institute
State Policy Network
Tax Foundation
Tax Policy Center
The Club for Growth
The Federalist
The Gold Standard Now
The Heritage Foundation
The Leadership Institute
Union Facts



Blogs For Borders

Reject the United Nations

Adopt Our Troops in Prayer


Thousands of Deadly Islamic Terror Attacks Since 9/11

FairTax Nation on FaceBook
Friends of Israel - Stand with Israel
Blog Feeds
Syndicated - Get the ARRA News Service feed Syndicated!
ARRA Blog Feed

Add to Google Reader or Homepage

Add to The Free Dictionary

Powered by Blogger


  • How To Exchange Links!
  • Comments by contributing authors or other sources do not necessarily reflect the position the editor, other contributing authors, sources, readers, or commenters. No contributors, or editors are paid for articles, images, cartoons, etc. While having reported on and promoting the beliefs associated with the ARRA, this blog/site is not controlled by nor funded by the ARRA. This site/blog does not advertise for money or services nor does it solicit funding for its support.
  • Fair Use: This site/blog may contain copyrighted material the use of which has not been specifically authorized by the copyright owner. Such material is made available to advance understanding of political, human rights, economic, democracy, and social justice issues, etc. This constitutes a 'fair use' of such copyrighted material as provided for in section Title 17 U.S.C. Section 107 of the US Copyright Law. Per said section, the material on this site/blog is distributed without profit to readers to view for the expressed purpose of viewing the included information for research, educational, or satirical purposes. Any person/entity seeking to use copyrighted material shared on this site/blog for purposes that go beyond "fair use," must obtain permission from the copyright owner.
  • © 2006 - 2017 ARRA News Service
Creative Commons License
Creative Commons Attribution Noncommercial Share Alike 3.0 Unported License.