publication date: Jun. 12, 2015

Obamacare was Undermined from the Outset 

 

Could the Supreme Court functionally end Obamacare before the end of June?

It could if the court determines that subsidies paid to those individuals eligible for the payments who gained health insurance on the federal exchanges are inconsistent with the Affordable Care Act as written.

That is the essence of the King v. Burwell case that was argued before the Supreme Court on March 4 (http://healthaffairs.org/blog/2015/03/05/king-v-burwell-unpacking-the-supreme-court-oral-arguments/). A decision is expected any day.

I was present at the inception of the Affordable Care Act when the first U.S. Senate Committee considered, “marked-up” (discussed and amended), and voted (13 to 10 down party lines) the bill to the Senate floor in July of 2009. It was the first time that a health reform bill had actually made it into and out of a Senate Committee in over 50 years. Eventually it was passed through both houses of Congress and went to the president’s desk where it was signed into law in March of 2010. That bill is Obamacare. I was there because I was on the staff of the Committee on Health, Education, Labor and Pensions as part of my Robert Wood Johnson Foundation health policy fellowship.

There were five major steps that define why this law is so flawed and actually undermines the President’s goal of reforming health care delivery in America.

1. Poorly defining health care reform. The first undermining step is that most people define health care reform … Continue reading 41-23 Obamacare was Undermined from the Outset

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