Author Topic: Law says Obama can't extend Obamacare enrollment period without act of Congress  (Read 564 times)

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Offline happyg

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Sen. Jeanne Shaheen, D-N.H., urged President Obama in a letter to consider extending the open enrollment period for Obamacare beyond March 31, 2014, given the IT problems confronting the program.

But that decision isn't up to Obama.

Even if Obama wanted to extend the open enrollment period, he wouldn't be allowed to without an act of Congress — at least if he wants to follow the law he signed.

Though the health care law granted the Secretary of Health and Human Services discretion to define dates for the open enrollment period to occur each year, it also specified that the initial enrollment period (i.e. the current one) had to be announced by July 1, 2012.

Specifically, Section 1311 of the healthcare law reads, "ENROLLMENT PERIODS: The Secretary shall require an Exchange to provide for-- (A) an initial open enrollment, as determined by the Secretary (such determination to be made not later than July 1, 2012)."
   
Given that HHS Secretary Kathleen Sebelius has already determined that the enrollment period must end on March 31 — and nearly 16 months has passed since she made that determination — extending the period would require an act of Congress to change the law.

http://washingtonexaminer.com/law-says-obama-cant-extend-obamacare-enrollment-period-without-act-of-congress/article/2537721

Offline Rapunzel

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He extended everything else... yet now he can't because "it's the law?"
“The time is now near at hand which must probably determine, whether Americans are to be, Freemen, or Slaves.” G Washington July 2, 1776

Offline happyg

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He extended everything else... yet now he can't because "it's the law?"

There's lots of money to be made if people can't log on to a dead web page. Think of all those fines! Or are they taxes?

Offline mountaineer

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Quote
if he wants to follow the law he signed.
That will be the day.   :thud:
Life is too short to leave the key to your happiness in someone else's pocket.

Offline rangerrebew

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Sen. Jeanne Shaheen, D-N.H., urged President Obama in a letter to consider extending the open enrollment period for Obamacare beyond March 31, 2014, given the IT problems confronting the program.

But that decision isn't up to Obama.

Even if Obama wanted to extend the open enrollment period, he wouldn't be allowed to without an act of Congress — at least if he wants to follow the law he signed.

Though the health care law granted the Secretary of Health and Human Services discretion to define dates for the open enrollment period to occur each year, it also specified that the initial enrollment period (i.e. the current one) had to be announced by July 1, 2012.

Specifically, Section 1311 of the healthcare law reads, "ENROLLMENT PERIODS: The Secretary shall require an Exchange to provide for-- (A) an initial open enrollment, as determined by the Secretary (such determination to be made not later than July 1, 2012)."
   
Given that HHS Secretary Kathleen Sebelius has already determined that the enrollment period must end on March 31 — and nearly 16 months has passed since she made that determination — extending the period would require an act of Congress to change the law.

http://washingtonexaminer.com/law-says-obama-cant-extend-obamacare-enrollment-period-without-act-of-congress/article/2537721


I suppose the act of congress doing nothing is act enough for Obama to act. :woohoo:
Constitutions are not designed for metaphysical or logical subtleties, for niceties of expression, for critical propriety, for elaborate shades of meaning, or for the exercise of philosophical acuteness or judicial research. They are instruments of a practical nature, founded on the common business of human life, adapted to common wants, designed for common use, and fitted for common understandings.

Joseph Story


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