“That’s the good thing about being President; I can do whatever I want”
~Barack Hussein Obama
‘ObamaCare” is useful shorthand for the Affordable Care Act not least because the law increasingly means whatever President Obama says it does on any given day. His latest lawless rewrite arrived on Monday as the White House decided to delay the law’s employer mandate for another year and in some cases maybe forever.
ObamaCare requires businesses with 50 or more workers to offer health insurance to their workers or pay a penalty, but last summer the Treasury offered a year-long delay until 2015 despite having no statutory authorization. Like the individual mandate, the employer decree is central to ObamaCare’s claim of universal coverage, but employers said the new labor costs—and the onerous reporting and tax-enforcement rules—would damage job creation and the economy.
By now ObamaCare’s proliferating delays, exemptions and administrative retrofits are too numerous to count, most of them of dubious legality. The text of the Affordable Care Act specifically says when the mandate must take effect—”after December 31, 2013″—and does not give the White House the authority to change the terms.
Changing an unambiguous statutory mandate requires the approval of Congress, but then this President has often decided the law is whatever he says it is.
Every time he unilaterally changes a law he breaks one… and the republicans sit on their hands. Oh, they might harumph a little… but where is the outrage? Complacency, especially amongst those we’ve elected to represent us in D.C., is very dangerous.
The problem is, we the people are complacent. Maybe when the unemployment rate hits 50% more will wake up?
EDITED to add:
Quality Weenie on FB: “Obama finally used his pen to turn us into communists”
Companies Must Justify Their Workforce Decisions Under Obama’s Latest Rewrite
Once again acting without Congress, President Obama has unilaterally changed his signature health insurance law, delaying its employer mandate – the second time he’s done this — to 2016, after the mid-term elections.
BUT: To be eligible for the additional delay, the Obama administration says an employer “may not reduce the size of its workforce or the overall hours of service of its employees” unless it can justify those reductions to the Internal Revenue Service.
The Affordable Care Act, as passed by Congress, says companies with more than 50 full-time-equivalent employees must provide “minimum essential coverage” starting on Jan. 1, 2014 or pay a fine.
On Monday, the administration issued new regulations saying that employers with 50 to 99 workers don’t need to provide minimum essential coverage until 2016 – two years beyond what’s written in the law.
And large employers (those with 100 or more workers) must provide coverage to only 70 percent of their workers in 2015.
But the regulations also say that effective yesterday, employers may not shed employees or work hours just to get below the 100-employee threshold – and thus avoid Obamacare’s penalties for another full year.
One scholar called the latest changes “Orwellian.”