IS THE OBAMA "FIX" EVEN LEGAL ????

[Whirlaway]

"The Obama fix is probably illegal. And there may well be parties with standing to challenge it in view of its its adverse impact on the market. But this does not mean courts will overturn the fix.

The fix is scheduled to last for only one year. This is probably not enough time to obtain judicial relief given the rights of appeal.

So a lawsuit might eventually yield damages but would not likely affect Obamacare policy."

Paul Mirengoff at :

http://www.powerlineblog.com/archive...ts-stop-it.php

[nwarounder]

Originally Posted by Whirlaway

Is the renewal of non-compliant health insurance illegal?

No, it is against the law (Obamacare) for insurance companies to sell policies that are not compliant with the law. That being said, the prez has assured the insurance companies that federal prosecutors will not prosecute them for doing so. That, is legal. Nothing against the law for the prez not to prosecute them, just as a cop is not breaking the law when he chooses to give you a warning instead of a ticket for breaking the speed limit.

[gnadfly]

I didn't see the press conference. What about the fine if you don't buy a "legal" policy?

BTW, I heard some state insurance commissioners say they weren't going to re-issue the "junk" policies. Said its too late in the game to get them approved and have the insurance companies offer them for next year.

Sounds like someone should have negotiated.

[nwarounder]

Originally Posted by gnadfly

I didn't see the press conference. What about the fine if you don't buy a "legal" policy?

BTW, I heard some state insurance commissioners say they weren't going to re-issue the "junk" policies. Said its too late in the game to get them approved and have the insurance companies offer them for next year.

Sounds like someone should have negotiated.

There would be no fine to anyone who kept their plan, as the prez is not considering these plans "out of compliance" for another year.

Very, very, very few, if any insurance companies will re-issue, even if the state allows them to, for only one year. They have priced their '14 plans on the exchanges already, based on these healthy people, who may not need the "in compliance" policies, getting cancelled and being forced to sign up on the much more expensive policies through the exchanges to cover all the sick people, who are almost guaranteed to sign up.