Reform Talking Points

[jbage007]

Legitimate challenges to Obamacrap will come in the courts and in Congress if Republicans take control, especially if both houses. They can choke it off by cutting funding.

There are problems with this approach that are solved by one court declaring the entire law unconstitutional.

I mean, that's what I'm hoping for - if enough Congressional members see the writing on the wall, who knows? Maybe they would sign on to something blowing it up.

But politically, it seems tough to discard "guaranteed coverage for all"

Not that THAT has any impact on pricing or anything

 

[somarco]

Not the entire law, just the mandate.

 

[stuy119]

Not the entire law, just the mandate.

Am I alone in thinking that a mandate is the best part of this law (as a broker, not a citizen)?

While it would be ideal that the entire law is ruled unconstitutional and repealed, I would prefer to have the mandate left in place as opposed to being pulled out of it. Seems that making everyone buy a product/service we sell makes our life much easier.

 

[somarco]

The mandate is what makes it "work", but has the best chance of being thrown out in the courts

 

[jbage007]

There's another thread floating around here in which I explain this in more detail, but the short version is that by declaring the individual mandate unconstitutional, the entire law becomes invalidated. That's because of an anomaly in the law that omits a severability clause.

On a related topic, ahem, another interesting article from Merrill Matthews writing for Forbes. It's called "Explaining Obamacare to Stupid."

It's actually centered on the same talking points I linked to when I started this thread.

Except for an apparent misunderstanding of individual versus employer-sponsored coverage (and the effects of no pre-x clause on each), Mr. Matthews makes many good points, as usual.

Favorite excerpt:

ObamaCare is so unpopular not because the public is too stupid to understand it, but because millions of Americans understand the law better than many members of Congress

 

[somarco]

Severability and Obamacare | RedState

 

[Crabcake Johnny]

The mandate is near meaningless and if stuck down by the courts would have little real effect. The fine for the 1st year is $95.

On top of that, the IRS cannot lien or levy to collect the fine. Between the people who don't believe in health care (until they get sick) and the paycheck-to-paycheck people who won't even pay their share after the subsidy this will quickly become a program where the sick stay and the healthy sit out.

I see that the great state of Mass. can't even admit defeat. Using their own numbers, around 97% of all residents are covered. That flies against every single independent study and every carrier stat. Recently a study showed that 24% of all Mass. residents went without coverage for either a portion or the entire year of 2009. Of course, Mass. doesn't have those official numbers yet.

 

[669comche]

The mandate is silly...........its practically unenforceable.........you cannot make anyone buy something they don't want to.

Its not going to make a sudden change in the life of an insurance broker. I mean, c'mon do you think this is going to happen:

"Well honey, the reform was passed last night and even though we did not have the money for the cheaper plans last year I suppose we better get the yellow pages and call the local broker to buy some health insurance before they knock on our front door to collect their fine"

 

[stuy119]

Or is that our new role in all of this? Are we going to be the Healthcare Gestapo?

"Ma'am, I know you can't afford the policy, but I see you're without coverage otherwise. I'm going to need to collect the $95 fine from you if you don't get the policy."

 

[Crabcake Johnny]

Hey, just thought of a great auto responder:

"Jim Smith,

As we have not received your application for health insurance you are in violation of IRS code 19-305 per the Patient Protection and Affordable Care Act. Therefore your checking account will be debited in the amount of $95.00 within seven business days.

If you have any questions I can be reached at 410 ***"