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I was talking with a lawyer from a prominent healthcare company here in the Twin Cities. He noted that if they set up a product they way Healthcare.gov has been advertised, sold to the public and launched there would be a host of prosecutors at their door bringing a host of legal actions.

And then there is this sort of nonsense. This is considered a "fix"?

http://freebeacon.com/expert-healthcare-gov-security-risks-even-worse-after-fix/
 
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So this is heading to hundreds, thousands or more lawsuits from individuals who lost coverage and will not be covered in the coming months despite the new campaign by the administration claiming otherwise. Will these cases be fast-tracked to end Obamacare?
 
So, if the site gets hacked because of lack of security measures will the government face HIPAA violation penalties for noncompliance? The irony.
 
So this is heading to hundreds, thousands or more lawsuits from individuals who lost coverage and will not be covered in the coming months despite the new campaign by the administration claiming otherwise. Will these cases be fast-tracked to end Obamacare?

I have no idea about private lawsuits. Who knows whether folks will bother with that vein. And their redress will merely be damages if those lawsuits are brought - unless Federal courts recognize and enforce constitutional challenges that have not yet been ajudicated (which I think at the end of the day is really unlikely).

And I doubt the government will enforce other laws against itself.
 
I don't see any chance of Government liability or private lawsuits against the Govt. More a case of do as I say, not as I do.

However, I could see liability against an insurance company that continues to offer a plan not meeting minimum standards, regardless of the one year delay. That would be an interesting case.
 
A not so smart political move by Harry Reid. It's one thing if XYZ senator from a purple state does this. It's another entirely when a chief architect and defender of the law, not to mention the majority leader of the Senate, does it. Regardless of the logic the optics on this are just bad.

http://www.cnn.com/2013/12/04/politics/reid-obamacare-staff/index.html
 
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The similarities between ACA/Obama admin and [Redacted]/Wellman Admin are really scary. They completely parallel each other.

1. Immediate problems
2. Ask for time, blame previous person
3. Move goalposts
4. More problems explained away by sunshine brigade
5. End result???

In the end both are bad products, and no amount of explanation or excuses is going to change that fact.
 
I have no idea about private lawsuits. Who knows whether folks will bother with that vein. And their redress will merely be damages if those lawsuits are brought - unless Federal courts recognize and enforce constitutional challenges that have not yet been ajudicated (which I think at the end of the day is really unlikely).

And I doubt the government will enforce other laws against itself.

Well, at one end you have a people with a life-threatening, emergency room stay that requires lengthy hospitalization that costs six figures or more. At the other end, you have people receiving letters saying they violated the law by not signing up to Obamacare. You don't see sufficient outrage here? Damages for some are critical.
 
In fact, the only members of Congress to exempt any staff at this point are all Democrats.

You are aware that this provision you are completely mischaracterizing was inserted into the bill by Grassley (R-IA).

"Of all the misconceptions surrounding the new health reform law known as Obamacare—and there are many—one of the newest and most infuriating is the idea that Congress made itself “exempt” from a law that puts onerous new burdens on many other Americans. That contention is totally false. In fact, members of Congress, along with their personal staffers, are required to participate in Obamacare, which is a more stringent requirement than employees of many big companies face."

"When the Affordable Care Act became law in 2010, it included a passage that said: “The only health plans that the Federal Government may make available to Members of Congress and congressional staff … are (I) created under this Act (or an amendment made by this Act); or (II) offered through an Exchange established under this Act (or an amendment made by this Act).”

In plain English, that means that at the end of this year, members of Congress and their personal staffs will no longer be eligible for the federal health care plan, and they’ll have to purchase insurance through an exchange instead. That requirement was initially proposed by Sen. Charles Grassley (R-Iowa)"

http://finance.yahoo.com/blogs/the-...emption-obamacare-another-myth-153149342.html

"The Myth of the “Exemption”

David Vitter is right. Congressional staffers are treated differently under the Affordable Care Act. Unlike all other large employers in the United States, Congress is specifically banned from maintaining its current healthcare plan. Large employers (as defined under ACA as companies that maintain 50 or more full time workers) face a penalty if they remove employees’ health care benefits. Under a provision of ACA, Congressmen and their staffs are required to purchase health care from Exchanges.

This unique treatment is not the cause of ire among opponents of ACA, however. The controversy over the “exemption” comes from a proposed regulation from the Office of Personnel Management (OPM) in August. The regulation is quite clear. It notes that the Affordable Care Act requires all Members of Congress and staff to purchase health care on the Exchanges, per the amendment to the original law. However, ACA is silent about the employer contribution that Congress and staff currently receive.

Like most employees (public and private), Congressional staff who receive health care from their current plan (Federal Employees Health Benefits Program) pay part of their premium. The remainder is paid by their employer: the U.S. Congress. The employer contribution is a standard part of employer-provided health care plans in the United States—affecting a majority of Americans. OPM does note that Congress failed to remove the provision of law outlining the employer contribution. As a result, current law requires Congress to maintain the employer contribution for “all health benefits plans fitting within the definition set forth in [5 U.S.C.] 8901(6)” (see OPM regulation RIN #3206-AM85).

OPM argues that Congress, in designing the Affordable Care Act had the opportunity to nix the employer contribution, but it did not. OPM, as a result, must issue regulations consistent with the law. ACA in conjunction with current law (5 U.S.C. 8901) defines healthcare coverage for Congress and its staff. The result? Congress must purchase insurance on exchanges (per ACA) and must provide the employer contribution (per 5 U.S.C. 8901).

The irony: Congress is treated as a unique entity, not because it is exempted from the Affordable Care Act, but because it is the only large employer forced onto its Exchanges."

http://www.brookings.edu/blogs/fixgov/posts/2013/10/04-aca-vitter-amendment-federal-workforce-hudak
 
You are aware that this provision you are completely mischaracterizing was inserted into the bill by Grassley (R-IA).

"Of all the misconceptions surrounding the new health reform law known as Obamacare—and there are many—one of the newest and most infuriating is the idea that Congress made itself “exempt” from a law that puts onerous new burdens on many other Americans. That contention is totally false. In fact, members of Congress, along with their personal staffers, are required to participate in Obamacare, which is a more stringent requirement than employees of many big companies face."

"When the Affordable Care Act became law in 2010, it included a passage that said: “The only health plans that the Federal Government may make available to Members of Congress and congressional staff … are (I) created under this Act (or an amendment made by this Act); or (II) offered through an Exchange established under this Act (or an amendment made by this Act).”

In plain English, that means that at the end of this year, members of Congress and their personal staffs will no longer be eligible for the federal health care plan, and they’ll have to purchase insurance through an exchange instead. That requirement was initially proposed by Sen. Charles Grassley (R-Iowa)"

http://finance.yahoo.com/blogs/the-...emption-obamacare-another-myth-153149342.html

"The Myth of the “Exemption”

David Vitter is right. Congressional staffers are treated differently under the Affordable Care Act. Unlike all other large employers in the United States, Congress is specifically banned from maintaining its current healthcare plan. Large employers (as defined under ACA as companies that maintain 50 or more full time workers) face a penalty if they remove employees’ health care benefits. Under a provision of ACA, Congressmen and their staffs are required to purchase health care from Exchanges.

This unique treatment is not the cause of ire among opponents of ACA, however. The controversy over the “exemption” comes from a proposed regulation from the Office of Personnel Management (OPM) in August. The regulation is quite clear. It notes that the Affordable Care Act requires all Members of Congress and staff to purchase health care on the Exchanges, per the amendment to the original law. However, ACA is silent about the employer contribution that Congress and staff currently receive.

Like most employees (public and private), Congressional staff who receive health care from their current plan (Federal Employees Health Benefits Program) pay part of their premium. The remainder is paid by their employer: the U.S. Congress. The employer contribution is a standard part of employer-provided health care plans in the United States—affecting a majority of Americans. OPM does note that Congress failed to remove the provision of law outlining the employer contribution. As a result, current law requires Congress to maintain the employer contribution for “all health benefits plans fitting within the definition set forth in [5 U.S.C.] 8901(6)” (see OPM regulation RIN #3206-AM85).

OPM argues that Congress, in designing the Affordable Care Act had the opportunity to nix the employer contribution, but it did not. OPM, as a result, must issue regulations consistent with the law. ACA in conjunction with current law (5 U.S.C. 8901) defines healthcare coverage for Congress and its staff. The result? Congress must purchase insurance on exchanges (per ACA) and must provide the employer contribution (per 5 U.S.C. 8901).

The irony: Congress is treated as a unique entity, not because it is exempted from the Affordable Care Act, but because it is the only large employer forced onto its Exchanges."

http://www.brookings.edu/blogs/fixgov/posts/2013/10/04-aca-vitter-amendment-federal-workforce-hudak

If you think the average guy on the street is going to latch onto that type of explanation, you're nuts. If it is good enough for you to force it upon the people, then it better be good enough for you. That's how people will react to Congress.
 
In DeacMan's world it OK to intelntionally lie 1000s times to the American public about how ACA works with Congress.
 
And in your world its apparently ok to tell the American people if they like their plan, they can keep their plan and if they like their doctor, they can keep their doctor. Period.

In my world it is a reasonable expectation for a voter to want the ACA exchanges to apply to all members of Congress and their staff seeing as how they pushed enrollment in such exchanges upon millions of people under the pretense it would lower costs and lead to better care.
 
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If you think the average guy on the street is going to latch onto that type of explanation, you're nuts. If it is good enough for you to force it upon the people, then it better be good enough for you. That's how people will react to Congress.

But isn't that exactly what they did? Aren't members of Congress required to get their insurance through the exchange?
 
No. There is still discretion that allows certain staff members not to have to go on the exchange. And Reid has exercised that discretion - despite being a huge proponent of the law. Reid is allowing some of his staff to remain on the Federal plan they already have.
 
Gotcha, somehow I skipped over that article you posted. Not a good look.
 
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