Tag Archives: Kathleen Sebelius

IRS Takes Its Turn Rewriting Obamacare

By Doug Book

In their haste to impose an historic affront to individual liberty, the authors of the Affordable Care Act (ACA) neglected to provide the federal bureaucracy with either the funding necessary to build ObamaCare exchanges within the various states OR the authority to award tax credits or impose penalties on the American public.

For when the ACA was written, it was foolishly believed by lawmakers that each of the 50 states would immediately take on the near-100 million dollar responsibility of completing an ObamaCare exchange within its borders—an exchange being the sales center without which no ObamaCare business may be transacted and no healthcare policies sold.

But today, a desperate Kathleen Sebelius and her Department of Health and Human Services (HHS) have gone from depending on states to implement the Affordable Care Act to threatening those same states for dragging their feet and performing acts of outright rebellion against both the law and the Obama Regime itself.

And Sebelius’ fears are well founded, for the ACA makes it clear that only state-run exchanges may offer the tax credits that will make ObamaCare “affordable” to both individuals and businesses.  And only state-run exchanges may impose penalties on business and fines on individuals for not obeying the letter of the law.

The long and the short of Sebelius’ problem is quite simple: no state-run exchanges, no ObamaCare! And as of today, some 30 states have refused to build an ObamaCare exchange, meaning the federal government will be forced to build 30 ObamaCare exchanges with no funding and impose fines and credits with no legal authority to do so.

Enter the Internal Revenue Service with a series of new rules intended to save the day and the Affordable Care Act. Of course, no one should really mind that the Department’s 73 page usurpation of congressional authority happens to be illegal.

For it seems the IRS decided to unilaterally re-make the Affordable Care Act by ignoring the wishes of lawmakers who wrote that only state-run exchanges may offer tax credits or impose penalties. According to the new IRS rules, federally-run exchanges will be permitted to do exactly the same things, even though that authority is NEVER mentioned in the law except as belonging to state-run exchanges!

As Michael Cannon of the Cato Institute and Case Western University Law Professor Jonathan Adler told the House Oversight Committee:

Contrary to the clear language of the statute and congressional intent, this [IRS] rule issues tax credits in health insurance “exchanges” established by the federal government. It thus triggers a $2,000-per-employee tax on employers and appropriates billions of dollars to private health insurance companies in states with a federal Exchange, also contrary to the clear language of the statute and congressional intent.

Already, lawsuits have been filed against the IRS for its clear misappropriation of congressional authority. And what will ObamaCare attorneys argue before the court? Perhaps something along the lines of: “Never mind what the law SAYS. Take our word for what we really MEANT it to say, especially now that things haven’t worked out the way …read more

Source: FULL ARTICLE at Western Journalism

States May Be FORCED To Implement ObamaCare

By Doug Book

Hennessey Venom GT

So far, 26 states have opted against building ObamaCare exchanges, making it clear to Kathleen Sebelius that her Department of Health and Human Services (HHS) will have to do all of the work and pay the tab for the creation of any Affordable Care Act “sales center” within their borders. And as the Act provides no funds for the Department to build or staff an exchange, implementation of ObamaCare rules and regulations would seem impossible within those states.

Moreover, in addition to throwing the financial burden of the Affordable Care Act back in the lap of an unprepared HHS, a number of state legislatures have passed laws making the Act’s implementation and enforcement illegal.

But Barack has different ideas.

The Obama administration has announced its intent to disregard state laws and state constitutional amendments prohibiting the enforcement of ObamaCare. Federal agents from the Department of Health and Human Services will assume absolute control over states’ health insurance industry and regulation in states that refuse to comply with the federal healthcare mandates.

What could be more convenient than to “disregard” those things that threaten your plans!

This latest example of the limitless hubris of the Obama Regime began when Oklahoma Insurance Commissioner John Doak received a letter from Gary Cohen, Director of the Center for Consumer Information and Insurance Oversight (CCIIO) informing him that “…the federal government will impose ObamaCare regulations on insurance companies in Oklahoma.”

Cohen’s letter came in response to a law passed by the Oklahoma legislature nullifying the implementation of ObamaCare in the state. HHS decided to take a hand by informing all health insurance providers in the state that “…enforcement of the law’s requirements will be handled by [HHS].”  Shortly thereafter, the Centers for Medicare and Medicaid Services (CMS) demanded all state providers “…submit all group and individual health insurance policy forms, certificates, riders, endorsements, and amendments, as well as any other requested material pertinent to the market reforms of the Affordable Care Act to CMS for review.”

In short, the federal bureaucracy intends to utterly ignore the will of the people of Oklahoma by summarily overturning any “unfriendly” statutes written by their elected representatives!

What will this mean for health insurance customers in the state? Apparently, those who purchase insurance through the federally managed ObamaCare exchange will wind up with different policies, be forced to follow different procedures, and generally pay much higher premiums than residents who purchase coverage directly from an insurance company, whether individually or as part of a group through their employer. Two sets of rules will exist in the state.

But rest assured, as HHS will not tolerate competition, Katherine Sebelius & Co will soon disallow the purchase of any insurance plan unless it be through the ObamaCare exchange.

Of course, that is an ObamaCare exchange that has yet to be built and for which the Affordable Care Act itself made no financial provision!

In 2010, Barack assured the American public that anyone fortunate enough to be protected under ObamaCare will save an average of …read more
Source: FULL ARTICLE at Western Journalism

Watching ObamaCare Unfold (Or Maybe Unravel)

By Michael D. Shaw

Obamacare Not Priceless SC Watching ObamaCare Unfold (Or Maybe Unravel)

Americans will remember the oft-repeated promise made by Obama in 2008, whereby health insurance premiums for American families would be cut by $2500 within his first term. Presumably, he based this contention on a memo written for his campaign in May 2007 by three well-regarded experts from Harvard: David Blumenthal, David Cutler, and Jeffrey Liebman.

As they stated:

Combining all of these effects—from improved health IT, better disease management, reduced insurance overhead, reinsurance, and reduced uncompensated care —under our “best-guess” assumptions, we estimate that businesses will save $140 billion annually in insurance premiums. The typical family will save $2500 per year.

In reality, you would be hard-pressed to find anyone whose premiums have decreased. Rather, according to the latest annual Kaiser Family Foundation employee health benefits survey, premiums for employer-provided family coverage rose $3065—a 24% increase from 2008 to 2012. Looking only at the period after ACA became law, premiums spiked 9.5% in 2011 and climbed another 4.5% in 2012.

Amazingly, the Harvard dons fell for the ridiculous notion that deploying more health IT would be some sort of transformative and revolutionary process; as if putting medical records on computer instead of in file folders would somehow save billions of dollars all by itself. Quoting again from the memo…

Greater use of information technology is one key to a more efficient health care system, along with incentives to use that technology wisely. The RAND Corporation conservatively estimated that significant investment in health IT could save $77 billion per year.

The Harvard dons relied heavily on an article published in the September/October 2005 issue of Health Affairs entitled “Promoting Health Information Technology: Is There A Case For More-Aggressive Government Action?” This article was one of seven described as “related documents” in the now infamous RAND report I discussed in a recent column. I say “infamous” since the report is now being disavowed by RAND itself and was paid for by companies that stood to—and did—make billions off the health IT push.

Notably, the same author names (including RAND stalwarts James Bigelow, Anthony Bower, and Roger Taylor) keep appearing in these documents, as these supposedly independent researchers cite themselves and each other. I don’t think that’s what we mean by “peer review.”

Our Harvard Veritas boys save the best for last, as they conclude their memo with this gem: “Thus, we believe that the Federal financing for the Obama health plan will be available using already-identified sources of revenue and without new taxes on the overwhelming majority of U.S. taxpayers.”

Unfortunately, Kathleen Sebelius and her HHS—the principal player in America’s ObamaCare funding consortium—have announced they will charge insurers a 3.5 % fee for using ObamaCare exchanges to sell their product—an estimated $100 billion to HHS over the next 10 years.  The fee is buried in 373 pages of new draft regulations written, of course, by the HHS.

What other surprises will be in store for insurers and their insureds now that the election is over? More importantly, how much will other HHS add-ons cost the REAL source of ObamaCare revenue–the American taxpayer?

Photo credit: …read more
Source: FULL ARTICLE at Western Journalism

Kansas To End Its Income Tax

By Emma Karlin

kansas flag SC Kansas to end its income tax

In 2004, liberal writer and native Kansan Thomas Frank published “What’s the matter with Kansas?”, his smugly title indictment of the intelligence of Kansans because the state had become such a reliable conservative Republican state. Yes, Kansas has inflicted the phony Kathleen Sebelius; and that is no minor infraction. But generally, Kansas has refused to bow at the altar of liberalism; and that has driven defectively wired liberals like Frank up the wall.

Now Kansas has another nasty surprise for liberals. The Sun Flower State’s Republican governor, Sam Brownback, and its legislatures (which are both lopsidedly controlled by Republicans) want to do away with the state’s income tax.  The Republicans in Kansas weren’t intimidated by Barack Obama’s victory last November. They held the reins of power and fully intend to drive the state in a manner they hope will make it a model for other states to follow.

The changes in how Kansas will be governed have already started. The Republicans provided the largest tax cut in the state’s history and handed off most of its Medicaid system to private insurers.

Brownback has cut welfare rolls, pared down the state’s own workforce, and reorganized government agencies to streamline them for maximum efficiency.  Next up is the ubiquitous pension reform that is the centerpiece of Republican-controlled state reorganization. Just for good measure, he wants to change the process of picking judges and financing state education goals.

Of course, the numbingly predictable whining from Democrats has already begun. They are crying that, “It [tax cuts] kind of eliminates a large group of Kansans out of that pursuit of happiness.”

In response, Brownback says, “I think the unique thing is that we’re applying the principles on how you get your cost down and still provide a high-quality product. That’s been in the private sector, but it hasn’t been in the public sector for 50 years.”

Brownback’s struggle for control of state spending looks a lot like Wisconsin Republican Governor Scott Walker’s struggle to change his state’s government. And the chances are we will hear the same tired liberal complaints.

Given the extent to which conservatives control the state, the question would be “What’s the matter with Kansas?” if Brownback didn’t make these changes.    

Source: FULL ARTICLE at Western Journalism