Legal Scholar: Obama’s “Fix” of ObamaCare's Bungled Debut Unconstitutional

By:  Bob Adelmann
11/15/2013
       
Legal Scholar: Obama’s “Fix” of ObamaCare's Bungled Debut Unconstitutional

A legal scholar has asserted that President Obama’s announced "fix" for the fumble he caused in his ObamaCare rollout is unconstitutional.

Within two hours of President Obama’s announced “fix” for the fumble he caused in his ObamaCare rollout, the insurance commissioner from the state of Washington rejected it, on practical grounds. It took only slightly longer for a legal scholar to reject it on constitutional ones.

Said the president (shown) on Thursday, "I think it’s legitimate for Americans to expect me to have to win back some credibility. And, you know, that’s on me. I mean, we fumbled the rollout on this."

And then, using what the White House called the president’s “enforcement discretion,” the president said he would delay for one year the part of ObamaCare that requires all plans to meet stringent standards of coverage. He said he would “allow” state insurance commissioners to make the final determination in that proposed delay. Two hours later Washington State Insurance Commissioner Mike Kreidler rejected the Obama fumble fix:

I understand that many people are upset by the notices they have recently received from their health plans ... but I have serious concerns about how President Obama’s proposal would be implemented and, more significantly, its potential impact on the overall stability of our health insurance market.

I do not believe his proposal is a good deal for the state of Washington. We will not be allowing insurance companies to extend their policies.

Part of the problem is legal: Most insurance companies are required to give their state’s insurance commissioners a 60-day notice before launching new policies, and that date has passed. In addition, changing or rescinding previous policy cancellations isn't something that can be done overnight. As one health insurance actuary stated:

New premiums would need to be developed, approved by the state, letters sent out, premiums collected, coordination with health providers [established], letters [sent] to the consumers.… These things take time.

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