Can Trump issue an EO to suspend the mandate in Obamacare?

[Ringel05]

Under current law, section 1332 provides broad flexibility for states to waive key ACA provisions so long as health coverage is not jeopardized and federal deficits not increased. Waivers can affect a wide range of provisions, including the premium tax credit, the definition of essential health benefits, the requirement that insurance plans cap annual out-of-pocket spending, and the requirement for states to operate a Marketplace, among others.

The changes in the Senate bill would upset this structure, removing the coverage-related guardrails and thereby opening the door for states to pursue waivers that would result in substantial losses in health coverage and affordability. The weakened guardrails would also allow states significant latitude to misuse federal health care dollars.

Last I checked the GOP's heath care reform failed..........

Also before you go any further off the partisan deep end you need to be aware of what those discretionary powers actually encompasses and what restrictions are placed on those discretionary powers.

Current law;

Changes to state innovation waivers in the Senate health bill undermine coverage and open the door to misuse of federal funds

And the EO shit cans the ACA "Guidelrails," if Don THE Con's Secretary deems it a "FISCAL BURDEN ON ANY STATE."

Again from Tramp's EO:
"to waive, defer, grant exemptions from, or delay the implementation of any provision or requirement of the Act that would impose a fiscal burden on any State"

What part of the EO cannot shitcan the guiderails as contained in a law passed by congress don't you understand? What part of permitted by law don't you understand?

Since when has Don THE Con ever allowed the law to restrict his behavior?
He will just have his Secretary grant the waiver and force it to be settled in the courts, hoping for a win but at the very least wanting the ACA to implode during the time it is being adjudicated if it ultimately loses.

Fuckin' hopeless. Could you possibly be any more demagogic? Thanks for wasting my time hack.

You are the hopeless hack, Price has already begun modifying the waiver process for states!!!

Trump's health chief pushes 'waivers' for states from Obamacare; HHS says program in 'death spiral'
Trump's health chief pushes 'waivers' for states from Obamacare rules, as HHS says program in 'death spiral'

A new checklist tool will help states apply for waivers to set up high-risk insurance pools for sicker residents.

The U.S. Health and Human Services Department — which oversees the Obamacare law — released a new tool Tuesday to help states seek waivers from certain Obamacare rules, as the department continued the Trump administration's push to undercut the Affordable Care Act.

Did you actually read the article and not simply the sensationalist headline? Of course you have no clue what's going on politically or legally, the article really says nothing of substance but insinuates a great deal, he didn't modify the waiver requirements he simply :modified the application process". Hell, I can "create a new tool" to help you apply for a job and urge you to use it but it still doesn't mean you'll get the job.
You sound just as Chicken Little paranoid as the righties did when Obama was president...... That's pathetic.

 

[Ringel05]

What part of the EO cannot shitcan the guiderails as contained in a law passed by congress don't you understand? What part of permitted by law don't you understand?

What part of the EO changing the "guardrails" don't you understand?
From Price himself:
https://www.cms.gov/CCIIO/Programs-...aivers/Downloads/March-13-2017-letter_508.pdf

In accordance with President Donald J. Trump's January 20, 2017, Executive Order directing agencies to alleviate the burdens of the Affordable Care Act (ACA), we are seeking to provide more flexibility and opportunities for innovation on the state level. Under Section 1332 of the ACA, states can apply for State Innovation Waivers and pursue innovative strategies to adapt many of the law's requirements to suit the state's specific needs.

Not one word in there about changing the guardrails although there is a boat load of gobbledygook that says pretty much nothing. Any more straws ya wanna grasp at?

 

[C_Clayton_Jones]

Not sure what the limitations of the Executive Order are. If he can and he acts as if its so bad why hasn't he?

The ignorance, hypocrisy, and contempt for their fellow Americans common to most on the right is indeed remarkable – not surprising, but remarkable nonetheless.

There is no ‘individual mandate’ – no one is ‘mandated’ to have health insurance; Americans are at liberty to go without health insurance if they so desire.

The tax paid by those who opt out of having health insurance is just as fair, necessary, proper, and Constitutional as any other tax Americans pay.

 

[edthecynic]

And the EO shit cans the ACA "Guidelrails," if Don THE Con's Secretary deems it a "FISCAL BURDEN ON ANY STATE."

Again from Tramp's EO:
"to waive, defer, grant exemptions from, or delay the implementation of any provision or requirement of the Act that would impose a fiscal burden on any State"

What part of the EO cannot shitcan the guiderails as contained in a law passed by congress don't you understand? What part of permitted by law don't you understand?

Since when has Don THE Con ever allowed the law to restrict his behavior?
He will just have his Secretary grant the waiver and force it to be settled in the courts, hoping for a win but at the very least wanting the ACA to implode during the time it is being adjudicated if it ultimately loses.

Fuckin' hopeless. Could you possibly be any more demagogic? Thanks for wasting my time hack.

You are the hopeless hack, Price has already begun modifying the waiver process for states!!!

Trump's health chief pushes 'waivers' for states from Obamacare; HHS says program in 'death spiral'
Trump's health chief pushes 'waivers' for states from Obamacare rules, as HHS says program in 'death spiral'

A new checklist tool will help states apply for waivers to set up high-risk insurance pools for sicker residents.

The U.S. Health and Human Services Department — which oversees the Obamacare law — released a new tool Tuesday to help states seek waivers from certain Obamacare rules, as the department continued the Trump administration's push to undercut the Affordable Care Act.

Did you actually read the article and not simply the sensationalist headline? Of course you have no clue what's going on politically or legally, the article really says nothing of substance but insinuates a great deal, he didn't modify the waiver requirements he simply :modified the application process". Hell, I can "create a new tool" to help you apply for a job and urge you to use it but it still doesn't mean you'll get the job.
You sound just as Chicken Little paranoid as the righties did when Obama was president...... That's pathetic.

Why am I not surprised you will not admit that all it takes is "new guidance" to shit can the guardrails.

http://www.politico.com/states/f/?id=00000159-f6bc-dd8b-afff-fffd76c60001

II. A Federalist Prescription for Health-Care Reform

Before the 2016 election, making changes to 1332 waivers to override poorly designed guidance or to amend bad legislation was largely a nonstarter. A new administration can rewrite guidance for the implementation of 1332 and 1115 (Medicaid) waivers.

1. Undo the Obama administration’s guidance on commingling 1332 and 1115 funding. Perhaps the most important step is to make clear to states that the administration will be agnostic about how deficit neutrality is achieved, so long as it is achieved across federal funding streams. This means that the various agencies responsible should explicitly acknowledge that for the purposes of 1332 and 1115 waivers (and any other potential waivers) that are submitted for approval in tandem, deficit neutrality will be evaluated across all waived programs. This step can be achieved by a new guidance, although a lasting change to restore more power to the states would require federal legislation

 

[Ringel05]

What part of the EO cannot shitcan the guiderails as contained in a law passed by congress don't you understand? What part of permitted by law don't you understand?

Since when has Don THE Con ever allowed the law to restrict his behavior?
He will just have his Secretary grant the waiver and force it to be settled in the courts, hoping for a win but at the very least wanting the ACA to implode during the time it is being adjudicated if it ultimately loses.

Fuckin' hopeless. Could you possibly be any more demagogic? Thanks for wasting my time hack.

You are the hopeless hack, Price has already begun modifying the waiver process for states!!!

Trump's health chief pushes 'waivers' for states from Obamacare; HHS says program in 'death spiral'
Trump's health chief pushes 'waivers' for states from Obamacare rules, as HHS says program in 'death spiral'

A new checklist tool will help states apply for waivers to set up high-risk insurance pools for sicker residents.

The U.S. Health and Human Services Department — which oversees the Obamacare law — released a new tool Tuesday to help states seek waivers from certain Obamacare rules, as the department continued the Trump administration's push to undercut the Affordable Care Act.

Did you actually read the article and not simply the sensationalist headline? Of course you have no clue what's going on politically or legally, the article really says nothing of substance but insinuates a great deal, he didn't modify the waiver requirements he simply :modified the application process". Hell, I can "create a new tool" to help you apply for a job and urge you to use it but it still doesn't mean you'll get the job.
You sound just as Chicken Little paranoid as the righties did when Obama was president...... That's pathetic.

Why am I not surprised you will not admit that all it takes is "new guidance" to shit can the guardrails.

http://www.politico.com/states/f/?id=00000159-f6bc-dd8b-afff-fffd76c60001

II. A Federalist Prescription for Health-Care Reform

Before the 2016 election, making changes to 1332 waivers to override poorly designed guidance or to amend bad legislation was largely a nonstarter. A new administration can rewrite guidance for the implementation of 1332 and 1115 (Medicaid) waivers.

1. Undo the Obama administration’s guidance on commingling 1332 and 1115 funding. Perhaps the most important step is to make clear to states that the administration will be agnostic about how deficit neutrality is achieved, so long as it is achieved across federal funding streams. This means that the various agencies responsible should explicitly acknowledge that for the purposes of 1332 and 1115 waivers (and any other potential waivers) that are submitted for approval in tandem, deficit neutrality will be evaluated across all waived programs. This step can be achieved by a new guidance, although a lasting change to restore more power to the states would require federal legislation

why am I not surprised you're still taking a partisan alarmist view of nothing?

The linked brief is a how to based on legal interpretation that can be easily challenged in court and is directly tied into repeal and replace, a failed attempt. There is no department (or even presidential) level discretion that allows for the legal circumvention of law. You will of course keep harping on your strawman and ignore reality as it doesn't fit you ideologue rhetoric so that said, have a nice life.

 

[Darkwind]

Not sure what the limitations of the Executive Order are. If he can and he acts as if its so bad why hasn't he?

No. However, he can ignore the collections of this mandate. The previous occupant was famous for not enforcing laws he didn't care for.

 

[Remodeling Maidiac]

Not sure what the limitations of the Executive Order are. If he can and he acts as if its so bad why hasn't he?

No. However, he can ignore the collections of this mandate. The previous occupant was famous for not enforcing laws he didn't care for.

I do remember Obama handing out waivers like candy to his union buddies.

 

[Darkwind]

Not sure what the limitations of the Executive Order are. If he can and he acts as if its so bad why hasn't he?

No. However, he can ignore the collections of this mandate. The previous occupant was famous for not enforcing laws he didn't care for.

I do remember Obama handing out waivers like candy to his union buddies.

Just so.

He can stop collecting the illicit tax of Obamacare. He can stop dispensing the funds to offset the astronomical costs of the Obamacare premiums. In fact, he can just 'ignore' the enforcement of the law completly.

Of he can hand out 'get out of jail free' cards to those who opt out and just not collect those 'fines'.

 

[debbiedowner]

Discretion as indicated under law which extremely limits his discretion........... Kinda missed that part didn'tcha........

Don THE Con's EO loosens the waiver rules in way that could completely reshape the individual insurance market, allowing states to drop almost every major Obamacare insurance regulation as long as it doesn’t increase the federal deficit—with almost zero oversight from the federal government. Everything from the requirement that insurers cover maternity care to protections for people with pre-existing conditions.

The waivers are technically known as “Section 1332 waivers,” for the section of the Affordable Care Act that allowed states to request exemptions from a long list of ACA rules. These include the requirement that individuals buy insurance; the tax credits to help buy insurance on state exchanges; the “essential health benefits” that insurers must cover; and limits on how much consumers must pay out-of-pocket each year. The waiver program was intended to let states experiment with different designs of their insurance markets—changing the structure of the subsidies, or requiring insurers to cover different benefits—within the basic parameters of the law.

Now with that info in mind, reread Tramp's EO:
The White House

Office of the Press Secretary

For Immediate Release

January 20, 2017

Executive Order Minimizing the Economic Burden of the Patient Protection and Affordable Care Act Pending Repeal

EXECUTIVE ORDER

Sec. 2. To the maximum extent permitted by law, the Secretary of Health and Human Services (Secretary) and the heads of all other executive departments and agencies (agencies) with authorities and responsibilities under the Act shall exercise all authority and discretion available to them to waive, defer, grant exemptions from, or delay the implementation of any provision or requirement of the Act that would impose a fiscal burden on any State or a cost, fee, tax, penalty, or regulatory burden on individuals, families, healthcare providers, health insurers, patients, recipients of healthcare services, purchasers of health insurance, or makers of medical devices, products, or medications.

Under current law, section 1332 provides broad flexibility for states to waive key ACA provisions so long as health coverage is not jeopardized and federal deficits not increased. Waivers can affect a wide range of provisions, including the premium tax credit, the definition of essential health benefits, the requirement that insurance plans cap annual out-of-pocket spending, and the requirement for states to operate a Marketplace, among others.

The changes in the Senate bill would upset this structure, removing the coverage-related guardrails and thereby opening the door for states to pursue waivers that would result in substantial losses in health coverage and affordability. The weakened guardrails would also allow states significant latitude to misuse federal health care dollars.

Last I checked the GOP's heath care reform failed..........

Also before you go any further off the partisan deep end you need to be aware of what those discretionary powers actually encompasses and what restrictions are placed on those discretionary powers.

Current law;

The statute clearly defines which provisions may be waived. These include:

• The premium tax credit and cost-sharing reductions
• The individual and employer mandates
• The health insurance marketplaces and rules regarding what plans can be offered there
• Certain additional rules governing health insurance coverage, including the definition of essential health benefits, the requirement that insurance plans cap annual out-of-pocket spending, and the rules regarding actuarial value.

Before the Secretaries can approve a waiver, they must determine that it satisfies certain requirements or “guardrails” related to coverage and deficit neutrality.

• A waiver may not reduce the number of people with health coverage
• A waiver may not reduce the affordability of health coverage
• A waiver may not reduce the comprehensiveness of health coverage.
• A waiver may not increase the federal deficit.

Even if these guardrails are satisfied, the Secretaries retain discretion to approve or deny a waiver based on other considerations.

Before a state can apply for a waiver, it must pass legislation enacting the state’s plan to provide coverage under the waiver. A waiver is limited to five years, with the possibility of renewal.

Changes to state innovation waivers in the Senate health bill undermine coverage and open the door to misuse of federal funds

And the EO shit cans the ACA "Guidelrails," if Don THE Con's Secretary deems it a "FISCAL BURDEN ON ANY STATE."

Again from Tramp's EO:
"to waive, defer, grant exemptions from, or delay the implementation of any provision or requirement of the Act that would impose a fiscal burden on any State"

Shitcans? Nope not if it was written into legislation. HHS does not control the individual mandate. IRS does and Trump said they can or cannot enforce, they have been enforcing even though you don't have to answer the question on 61. Reporting and checking is probably now just beginning to cross check what insurance companies (1095B) has sent in on each person who is insured.

 

[debbiedowner]

What part of the EO cannot shitcan the guiderails as contained in a law passed by congress don't you understand? What part of permitted by law don't you understand?

Since when has Don THE Con ever allowed the law to restrict his behavior?
He will just have his Secretary grant the waiver and force it to be settled in the courts, hoping for a win but at the very least wanting the ACA to implode during the time it is being adjudicated if it ultimately loses.

Fuckin' hopeless. Could you possibly be any more demagogic? Thanks for wasting my time hack.

You are the hopeless hack, Price has already begun modifying the waiver process for states!!!

Trump's health chief pushes 'waivers' for states from Obamacare; HHS says program in 'death spiral'
Trump's health chief pushes 'waivers' for states from Obamacare rules, as HHS says program in 'death spiral'

A new checklist tool will help states apply for waivers to set up high-risk insurance pools for sicker residents.

The U.S. Health and Human Services Department — which oversees the Obamacare law — released a new tool Tuesday to help states seek waivers from certain Obamacare rules, as the department continued the Trump administration's push to undercut the Affordable Care Act.

Did you actually read the article and not simply the sensationalist headline? Of course you have no clue what's going on politically or legally, the article really says nothing of substance but insinuates a great deal, he didn't modify the waiver requirements he simply :modified the application process". Hell, I can "create a new tool" to help you apply for a job and urge you to use it but it still doesn't mean you'll get the job.
You sound just as Chicken Little paranoid as the righties did when Obama was president...... That's pathetic.

Why am I not surprised you will not admit that all it takes is "new guidance" to shit can the guardrails.

http://www.politico.com/states/f/?id=00000159-f6bc-dd8b-afff-fffd76c60001

II. A Federalist Prescription for Health-Care Reform

Before the 2016 election, making changes to 1332 waivers to override poorly designed guidance or to amend bad legislation was largely a nonstarter. A new administration can rewrite guidance for the implementation of 1332 and 1115 (Medicaid) waivers.

1. Undo the Obama administration’s guidance on commingling 1332 and 1115 funding. Perhaps the most important step is to make clear to states that the administration will be agnostic about how deficit neutrality is achieved, so long as it is achieved across federal funding streams. This means that the various agencies responsible should explicitly acknowledge that for the purposes of 1332 and 1115 waivers (and any other potential waivers) that are submitted for approval in tandem, deficit neutrality will be evaluated across all waived programs. This step can be achieved by a new guidance, although a lasting change to restore more power to the states would require federal legislation

You can copy and paste all day long ACA is still law of the land.

Ask yourself one question, do you really think either party is going to give up those taxes?

 

[debbiedowner]

Not sure what the limitations of the Executive Order are. If he can and he acts as if its so bad why hasn't he?

No. However, he can ignore the collections of this mandate. The previous occupant was famous for not enforcing laws he didn't care for.

I do remember Obama handing out waivers like candy to his union buddies.

There was and still are around 50+ exemptions for individuals on healthcare.gov website. Has been all along.

 

[edthecynic]

Since when has Don THE Con ever allowed the law to restrict his behavior?
He will just have his Secretary grant the waiver and force it to be settled in the courts, hoping for a win but at the very least wanting the ACA to implode during the time it is being adjudicated if it ultimately loses.

Fuckin' hopeless. Could you possibly be any more demagogic? Thanks for wasting my time hack.

You are the hopeless hack, Price has already begun modifying the waiver process for states!!!

Trump's health chief pushes 'waivers' for states from Obamacare; HHS says program in 'death spiral'
Trump's health chief pushes 'waivers' for states from Obamacare rules, as HHS says program in 'death spiral'

A new checklist tool will help states apply for waivers to set up high-risk insurance pools for sicker residents.

The U.S. Health and Human Services Department — which oversees the Obamacare law — released a new tool Tuesday to help states seek waivers from certain Obamacare rules, as the department continued the Trump administration's push to undercut the Affordable Care Act.

Did you actually read the article and not simply the sensationalist headline? Of course you have no clue what's going on politically or legally, the article really says nothing of substance but insinuates a great deal, he didn't modify the waiver requirements he simply :modified the application process". Hell, I can "create a new tool" to help you apply for a job and urge you to use it but it still doesn't mean you'll get the job.
You sound just as Chicken Little paranoid as the righties did when Obama was president...... That's pathetic.

Why am I not surprised you will not admit that all it takes is "new guidance" to shit can the guardrails.

http://www.politico.com/states/f/?id=00000159-f6bc-dd8b-afff-fffd76c60001

II. A Federalist Prescription for Health-Care Reform

Before the 2016 election, making changes to 1332 waivers to override poorly designed guidance or to amend bad legislation was largely a nonstarter. A new administration can rewrite guidance for the implementation of 1332 and 1115 (Medicaid) waivers.

1. Undo the Obama administration’s guidance on commingling 1332 and 1115 funding. Perhaps the most important step is to make clear to states that the administration will be agnostic about how deficit neutrality is achieved, so long as it is achieved across federal funding streams. This means that the various agencies responsible should explicitly acknowledge that for the purposes of 1332 and 1115 waivers (and any other potential waivers) that are submitted for approval in tandem, deficit neutrality will be evaluated across all waived programs. This step can be achieved by a new guidance, although a lasting change to restore more power to the states would require federal legislation

why am I not surprised you're still taking a partisan alarmist view of nothing?

The linked brief is a how to based on legal interpretation that can be easily challenged in court and is directly tied into repeal and replace, a failed attempt. There is no department (or even presidential) level discretion that allows for the legal circumvention of law. You will of course keep harping on your strawman and ignore reality as it doesn't fit you ideologue rhetoric so that said, have a nice life.

Alaska has already been given a waiver and there has been no court challenge.

 

[debbiedowner]

None of this is going to matter if Trump follows through on his tweet an hour ago of ending the cost share reductions if it's not repealed and replaced. Everyone that has an A, B or a C after their plan number will suddenly lose their low deductibles and co pays, rates will go sky high on Jan 1, 2018. Even with some kind of repeal, these will disappear.

 

[RASTAMEN]

Trump is turing out to be a very ineffective president. No one in government or media will support him. And only 7 months in power. We are in a pickle.

BTW, McCain continues to be a jerk.

I would be highly suspect of a media that just arbitrarily supports the President like most did during the previous administration. Its not their job to be a cheerleader for the WH. It is also not the presses mandate to constantly bash the President either.

The media is beginning to realize that Trump is not a leader! Can't wait until the GOP realizes this as well, then it will be IMPEACHMENT TIME.