Day 2 Of Argument...Not A Good Day For The Mandate

It could be the worst case scenario if it doesn't go forward for agents. As Rick state, nothing would unwind the MLR or if it was unwound, I can imagine it would be a complicated process.

So agents would be left averaging 10% commish without being able to write child-only, almost no policies include maternity and obviously underwritten.

For some reason I think some agents feel that if the justices shoot down the PPACA, it'll be like Dorthy waking back up in Kansas. No....it won't.

I've come to the conclusion that you worked for the IRS as Chief Investigator in a previous life. :err:
 
Complicated unraveling is coming no matter which way the Supreme Court rules. Even if the law is upheld in its entirety, there are major fixes and funding problems to come.

Conversely, if the law is struck down in its entirety, there are provisions that have already been paid out and already in place that can't be swept out, like subsidies to doctors to go paperless, and subsides for adoptions of special needs children, tax credits for small business, insurance for kids under age 26 and GI for children. Usually when in-force provisions like this are struck, there is grandfathering allowed for those already in the process.

Personally, I think the MLR is the easiest to unwind. That doesn't mean commissions would rebound immediately. But the MLR is just an accounting method. Furthermore, since penalties (rebates) haven't even been required yet, reversal of the 80% MLR rule is just paperwork. Reversal of the EFFECTS (like lower commissions) may take some time.

Personally, I think the SCOTUS case will be a roller-coaster, and the media will decide they're against the law one day and for it another. No matter what the outcome, I see another roller coaster of fixes to this mess. Even if the law is struck down entirely, we're headed for another attempt at health care reform in this country. IMO.
 
I'm not exactly sure what it would mean if everything eventually got reset. What's solved. If someone's in a state that doesn't have a risk pool then they either get employer coverage or nothing if they can't qualify.

That wasn't an issue years and decades ago. Latest Kaiser stats show that only 44% of every American with health insurance is covered through their job.

Basically, this issue doesn't go away.

I don't know the answer. People much smarter than me should be able to come up with something. But I do believe we have a responsibility to provide affordable access to health care. Notice I didn't say anything about insurance.
 
I say don't believe anything until it happens. Most everything today is hype driven by what is reported and by whom.
 
If the law is undone, what happens to the dollars that were given to states to establish exchanges? Do those dollars need to be repaid, or will that just become "grants" from the administration in hopes that this catches on state-by-state?

I guess it will be the latter, and states like IL (unfortunately) will try to implement a MA-style implementation.
 
Personally, I want the mandate shot down. That it's overreaching for the government to pass that law in which every citizen mush purchase a product is the understatement of the century.
 
There are parts of the law that do not require funding.
Remember the MLR? How about adults up to age 26 being covered on mommy and daddy's plan? No underwriting for kids?

It would seem that without the entire law being null and void, or it being repealed in full, agents are still screwed and prices will continue to rise.

It is almost impossible to unwind the law, especially the parts that are already in play.

Yes, I do believe agents, and the public, are screwed regardless of the outcome.

The sad thing is, the negative impact of Obamneycrap that has already impacted premiums, (non)availability of coverage and reduced client services has not been played out in the lame stream media. There are a few stories and comments that leak from time to time but the downside of Obamneycrap generates mostly the sound of crickets chirping.

The whole thingie dies due to no severabily clause

I believe the severability argument is on the docket for today's show.
 
I believe Sebelius stated a while back that even if the mandate was stuck down it would still be all systems go. She greatly downplayed the need for the mandate. That would mean the mandate would have to be stuck down and ruled inseverable.
 
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