Commentary Magazine


Topic: ObamaCare delays

The ObamaCare Chaos Continues

The administration’s decision to extend the period for open enrollment in the Affordable Care Act past the March 31 deadline is hardly surprising. The list of delays, extensions, and postponements of various aspects of the law is already so long that even an article devoted to the topic–such as the one published today by Politico titled “A Brief History of ObamaCare Delays”–is itself an abridged list of only the most prominent examples.

This latest instance is defended by the administration and its supporters as just a commonsense measure intended to help those who were stymied during the enrollment process by the glitch-ridden Heatlhcare.gov website. But the political implications of this decision are more far-reaching than the matter-of-fact announcement that sought to represent it as not a big deal. The delay seeks to get the president off the hook for the ACA likely falling millions short of the seven million enrollees that constituted the administration’s initial goal as well as the benchmark that would enable the ACA to be fiscally responsible.

At this point any excuse, no matter how flimsy, to do something to soften the blow of the expected shortfall makes sense for an administration that is already having a tough time selling the unpopular scheme to the public. But more than that, the record of unending delays and meaningless deadlines set up a situation where it will be difficult if not impossible for the federal government to police those provisions of the law that it really does want to enforce. Coming at a time when the Health and Human Services contraception mandate is under attack in the Supreme Court and, just as significantly, the system of ObamaCare subsidies is in peril of being overturned in the federal appellate courts, this new delay is just one more reason why the law is rightly viewed as having brought chaos rather than reform to the health-care system.

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The administration’s decision to extend the period for open enrollment in the Affordable Care Act past the March 31 deadline is hardly surprising. The list of delays, extensions, and postponements of various aspects of the law is already so long that even an article devoted to the topic–such as the one published today by Politico titled “A Brief History of ObamaCare Delays”–is itself an abridged list of only the most prominent examples.

This latest instance is defended by the administration and its supporters as just a commonsense measure intended to help those who were stymied during the enrollment process by the glitch-ridden Heatlhcare.gov website. But the political implications of this decision are more far-reaching than the matter-of-fact announcement that sought to represent it as not a big deal. The delay seeks to get the president off the hook for the ACA likely falling millions short of the seven million enrollees that constituted the administration’s initial goal as well as the benchmark that would enable the ACA to be fiscally responsible.

At this point any excuse, no matter how flimsy, to do something to soften the blow of the expected shortfall makes sense for an administration that is already having a tough time selling the unpopular scheme to the public. But more than that, the record of unending delays and meaningless deadlines set up a situation where it will be difficult if not impossible for the federal government to police those provisions of the law that it really does want to enforce. Coming at a time when the Health and Human Services contraception mandate is under attack in the Supreme Court and, just as significantly, the system of ObamaCare subsidies is in peril of being overturned in the federal appellate courts, this new delay is just one more reason why the law is rightly viewed as having brought chaos rather than reform to the health-care system.

As we noted yesterday, the willingness of the administration to regard enforcement of the various provisions of the health-care law as optional is undermining its ability to defend the contraception mandate in the Hobby Lobby case. And, as Philip Klein reports in the Washington Examiner today, the legal challenge to the subsidy system may be even more dangerous to ObamaCare’s future than the more famous Hobby Lobby case that revolves around the law’s assault on religious liberty. Since the law was written so as to create subsidies for ObamaCare consumers through state-run exchanges, the fact that many states have not chosen to set them up creates a constitutional problem that can only be solved by a revision of the law by Congress or a decision by the courts to do so on their own. Since the courts are properly reluctant to re-write a statute in this manner and there is no chance that Congress will do anything to fix the problem, the system of subsidies may well be overturned, creating even more chaos for the already misnamed Affordable Care Act. If so, implementation of the unwieldy legislation will become impossible.

While Democrats are trying to put a brave face on their defense of ObamaCare, they know that this is the issue that could cost them the Senate in what may well turn out to be an even worse drubbing this fall than the one they suffered in 2010. The administration has tried to postpone as much of the pain from this law until after 2014 as they can. The federal courts are unpredictable and public opinion may be fickle. But by adding to the impression that the law on which the president staked his reputation is in a state of chaos, the latest delay—and the ones that will inevitably follow it in the months to come—may only make it even more likely that congressional Democrats will suffer a grave defeat in November.

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Dems May Regret More OCare Delays

After dozens of delays of various aspects of ObamaCare, Democrats are still facing a tsunami of voter anger this fall in midterm elections that are looking more and more like a disaster for the president’s party. The administration’s answer to their plight is simple: delay more implementation of the president’s unpopular and misnamed Affordable Care Act.

The Hill is reporting today that the White House is planning on announcing yet another ObamaCare delay:

As early as this week, according to two sources, the White House will announce a new directive allowing insurers to continue offering health plans that do not meet ObamaCare’s minimum coverage requirements. Prolonging the “keep your plan” fix will avoid another wave of health policy cancellations otherwise expected this fall.

The cancellations would have created a firestorm for Democratic candidates in the last, crucial weeks before Election Day. The White House is intent on protecting its allies in the Senate, where Democrats face a battle to keep control of the chamber.

The political motivations for this move are obvious. Prior to the rollout of ObamaCare last fall, Democrats drew a line in the sand on any delay of the president’s signature health care law. Rather than push back the implementation of the legislation a single day, they allowed the government to be shut down for weeks causing untold suffering to the American people. That was a political masterstroke. The mainstream media blamed the GOP for the fiasco since their demands for delaying or defunding the law seen as unreasonable and unrealistic. What a difference a few months makes.

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After dozens of delays of various aspects of ObamaCare, Democrats are still facing a tsunami of voter anger this fall in midterm elections that are looking more and more like a disaster for the president’s party. The administration’s answer to their plight is simple: delay more implementation of the president’s unpopular and misnamed Affordable Care Act.

The Hill is reporting today that the White House is planning on announcing yet another ObamaCare delay:

As early as this week, according to two sources, the White House will announce a new directive allowing insurers to continue offering health plans that do not meet ObamaCare’s minimum coverage requirements. Prolonging the “keep your plan” fix will avoid another wave of health policy cancellations otherwise expected this fall.

The cancellations would have created a firestorm for Democratic candidates in the last, crucial weeks before Election Day. The White House is intent on protecting its allies in the Senate, where Democrats face a battle to keep control of the chamber.

The political motivations for this move are obvious. Prior to the rollout of ObamaCare last fall, Democrats drew a line in the sand on any delay of the president’s signature health care law. Rather than push back the implementation of the legislation a single day, they allowed the government to be shut down for weeks causing untold suffering to the American people. That was a political masterstroke. The mainstream media blamed the GOP for the fiasco since their demands for delaying or defunding the law seen as unreasonable and unrealistic. What a difference a few months makes.

Will Democrats get away with it? Given the unwillingness of the same media that lampooned Republicans for suggesting the same thing only six months ago, they just might. In addition to that, there have been so many delays of the law’s implementation that even those Americans who pay attention to the issue may have lost track of what aspects of the president’s scheme are being enforced.

Liberals may still be pretending that ObamaCare will be popular or that the only problem with its rollout was a glitch-ridden website that was fixed. But in only a few months they have also developed a healthy fear of the consequences of its implementation. Already millions of Americans have lost their insurance coverage or access to their doctors because of the dictates of this new law that branded every policy that did not conform to their arbitrary standards as “junk” insurance. Sticking to that talking point hasn’t been easy for liberal talking heads on television but once more Americans feel ObamaCare’s impact, it will be impossible.

Once the delays are rescinded and the employer mandates are put in place along with the rules for individual policyholders, the results will be far-reaching and serious. At that point, it won’t be possible to deny the fact that the number of Americans who have been hurt by this law may not only equal the total helped but, in fact, may outnumber them.

But Democratic optimism about this underhanded and unconstitutional tactic (since the president does not actually have the power to pick and choose which laws or which parts of laws he will enforce) may be misplaced. The mere fact of so many delays as well as the evidence of the damage already done by the law to so many voters may outweigh any tactical advantages won by the stalling strategy.

Even worse, by putting off so much of the pain until after the 2014 midterm elections, Democrats may be setting themselves up for a really unpleasant time in 2015 and 2016. If the majority of Americans are already unhappy with ObamaCare today, that anger will be even greater next year once more employers and individuals are coping with its costs and hardships. If, as may well happen despite the delays, Republicans win back control of the Senate in addition to keeping the House of Representatives, that will put them in position to do more than delay ObamaCare next year but to send a repeal bill to the president. He will veto it and there’s little chance that the Republicans will overturn it. But with anger about this law rising to new heights just when the country is turning its attention to the 2016 presidential race rather than in 2014, that could create even more problems for Hillary Clinton or any other Democrat who wishes to succeed the president.

At that point, Democrats may look back on this year’s ObamaCare delays and the president’s determination to frontload the benefits and backload the pain with genuine regret.

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