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​ObamaCare Update — The Newest Bandaid & A New Lawsuit

Posted By Staff writer, Tuesday, April 9, 2019

It’s called Medicare X. Democrats Sen. Michael Bennet of Colorado and former vice presidential nominee Tim Kaine of West Virginia authored the plan and if it passes anyone would be able to buy a Medicare plan for their health care needs.

 

Bennet said this is a more realistic idea than the single payer system, Medicare for All.

 

“I just think this is a much more practical way of trying to achieve the objective of universal coverage, and over time, a reduction in our expenditures on health care, then practically any other proposal that’s been made since the ACA was passed,” he said.

 

Kaine and Bennet’s plan leaves ObamaCare and the current private system intact and just allows people of any age to go the Medicare route if they want to go that way.

 

The plan also expands access to tax credits to help people buy ObamaCare coverage. Those credits can be used to purchase the Medicare plan or ObamaCare-based insurance. Kaine and Bennet also do not want anyone to have to pay more than 13% of their income toward insurance premiums.

 

A similar version was also introduced in the House where it stands a much better chance of being heard.

 

While ObamaCare isn’t likely to be repealed and replaced this year or next by Republicans like President Trump called for, but he’s still fighting in the courts to make changes to the law. One battle shaping up to wind up in the U.S. Supreme Court is the decision by Texas Judge Reed O’Connor that ObamaCare is unconstitutional. His reasoning is based in the tax reforms of 2017 making the individual mandate null and void.

 

Since it’s gone, O’Connor said the entire law is unconstitutional.

 

Two Republican attorneys general — Montana’s Tim Fox and Ohio’s Dale Yost — have filed suit to stop O’Connor’s ruling. They say he went too far and overstepped his authority.

 

"No sound application of neutral rules and precedents — whether based on the Constitution’s original public meaning or Supreme Court precedent — could lead a court to strike down an entire congressional act based on the unconstitutionality of a single, inoperative provision within it," the states wrote.

 

The two attorneys general say it’s clear to them that when the tax reform package repealed the individual mandate, Congress intended to leave the rest of the law intact and that O’Connor knows that. "Congress would have been crystal clear if it had wanted to do something as extreme as making the entire Act rise or fall with the constitutionality of a completely inoperative provision," the brief they filed said.

 

The real worry — of course — is the protection of pre-existing conditions.

 

“The court’s decision, if affirmed, will deprive millions of non-elderly Ohioans and Montanans of coverage for pre-existing conditions. It will also negatively affect countless others who organized their affairs in reliance on the Act’s many unrelated provisions,” Fox said.

 

Fox and Yost say — ironically — even opponents of ObamaCare want to protect pre-existing conditions. “It is understandable that some who dislike the Affordable Care Act would cheer the result below. But they should remember that what goes around comes around. If allowed to stand, the decision ... will be used to invalidate any number of federal and state laws," the brief said.

 

Source links: The Hill — link 1, link 2

Tags:  insurance content  insurance news  joey leffel  Medicare  Obama  pia western alliance  weekly industry news 

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NARAB: FIO & Obama Administration Standing Still

Posted By Administration, Wednesday, August 26, 2015
 

Michael McRaith

Congress established the National Association of Registered Agents and Brokers (NARAB) eight months ago. It was part of the legislation that extended the Terrorism Risk Insurance Act (TRIA).

 

Not much has happened since and the industry is getting restless.

 

Heres how the establishment of the national registry works. The White House and by inference the Federal Insurance Office (FIO has to nominate a governing board. There are 13 members on that board. Of the 13, eight must have insurance regulations in their background.

 

The National Association of Insurance Commissioners (NAIC) has already sent 14 regulatory names to the White House. They were sent in April. No action yet from the White House.

 

Bernd Heinze who represents the American Association of Managing General Agents (AAMGA) sent a letter to Michael McRaith who runs the Federal Insurance Office. He and his group are demanding action and now. Unfortunately, the benefits of NARAB II are not able to be realized until such time as a board is appointed.

 

That implementation is going to be complicated his group notes and the sooner the administration gets moving, the better.

 

It is vitally important that the law be implemented as soon as possible. Industry has worked diligently for eight years, and now that the provisions of the legislation have been signed into law eight months ago, we respectfully request your immediate selection and appointment of the NARAB board members, he said.

 

NARABs non-resident licensing system helps agents, brokers and agencies do business easier in states other than their home states. Its a major league positive for insurance and for consumers and businesses.

 

No response yet from the FIO.

 

Source links: insurancejournal.com and Insurance Business America

Tags:  Insurance Content  Insurance Industry  Insurance News  NARAB: FIO & Obama Administration Standing Still  Obama  Weekly Industry News 

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