Author Topic: Retreat: Obama Admin May Extend Plans Canceled by Obamacare for 3 Years  (Read 332 times)

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Offline mystery-ak

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Offline PzLdr

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Re: Retreat: Obama Admin May Extend Plans Canceled by Obamacare for 3 Years
« Reply #1 on: February 07, 2014, 09:55:43 AM »
And how does the great one do that? Those plans, as I understand it, were contracts between private entities, i.e policy holders and Insurance companies. 
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Offline Rapunzel

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Re: Retreat: Obama Admin May Extend Plans Canceled by Obamacare for 3 Years
« Reply #2 on: February 07, 2014, 03:14:21 PM »
And how does the great one do that? Those plans, as I understand it, were contracts between private entities, i.e policy holders and Insurance companies.

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Online Oceander

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Re: Retreat: Obama Admin May Extend Plans Canceled by Obamacare for 3 Years
« Reply #3 on: February 07, 2014, 08:50:17 PM »
And how does the great one do that? Those plans, as I understand it, were contracts between private entities, i.e policy holders and Insurance companies. 

The law was that the insurance companies could no longer enter into certain types of contracts with individuals seeking insurance, and that existing contracts that failed to meet those criteria must be cancelled - in accordance with the policy's terms (which usually give the insurer that right at almost any time) - and the policy-holder could then choose from one of the democrat-approved policies.

Now, apparently, the law has been unilaterally modified to give insurance companies permission to continue offering the illegal plans for the next 3 years, but only to those individuals who had such a contract in existence with the insurance company at the time it was originally cancelled as required by law.

This is going too far; executive discretion does not extend so far as to allow the president to waive the application of an enacted law for such a long period of time; it might have been reasonable to allow some leeway as a matter of executive discretion during the rollout phase - but only during that period - after which all policies must be in compliance and noncompliant policies cancelled, but for three years after the regulations have been written and the rollout of the permanent new scheme accomplished?  No, that's a bridge too far.

Here's what should happen next:  people who aren't eligible to get a nonconforming plan for the next three years because they didn't have a noncompliant plan in force on the day those policies were originally supposed to be cancelled should sue - we're talking about a multi-million member class action suit - on the basis that the administration's actions are arbitrary and capricious and in violation of the Administrative Procedures Act, not the least because there hasn't been any public comment period during which the public could openly and fairly comment on this new regulation - because it is a de facto regulation, not just a single discretionary act.


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