Posted on | December 18, 2013 | 47 Comments
Guest Blog by Dana from Ohio
The Patient Protection and Affordable Care Act of 2010 (aka Obamacare or the ACA) is proving to be difficult to implement. Can it be fixed?
It was difficult legislation to comprehend and difficult legislation to pass. It passed even though a majority of the U.S. was against it. It has endured court challenges and is still facing a few. It’s the court case that has yet to be filed that may stop this “train wreck.”
Active court cases focus on the funding of subsidies for health plans purchased on the federal exchange versus the state exchanges. The legislation set up subsidies for plans purchased through the state-based exchanges but made no provisions for plans acquired through the federal exchange. The real challenge will be when the individual mandate kicks in. Once the individual mandate is imposed legal standing to challenge it can be established.
The Obama administration had to go back on calling the individual mandate a penalty. It argued before the Supreme Court that it was a tax and not a penalty. The legislation held up because the individual mandate was deemed constitutional as a tax. But what kind of tax is it going to be? It’s not a sales tax, an excise tax nor an income tax. It’s a tax on…. nothing. It’s a tax for not doing as we’re told; a tax on bad behavior. It’s a tax on just being a citizen of this country. How can such a “tax” stand?
The ACA is barely standing under its own weight. The individual mandate will bury it.
The question before the nation is not “Can we fix Obamacare?” but rather “What are we going to do after Obamacare?”