Foolishly Lawless

Are there other ways of being lawless that matter?  Of course there are, but that’s for a different post.  The foolishness of this example of the Obama administration’s lawlessness is the subject here.

HHS Secretary Kathleen Sebelius has announced (sotto voce, via a letter to selected Senators) the latest rewrite non-legislatively effected change to the Obamacare law.

She…would allow people who got cancellations and could not find affordable new coverage to qualify for a “hardship exemption” in order to avoid a penalty next year for not having insurance.

Further…those individuals will be able to purchase bare-bones plans [catastrophic coverage plans] that until now were available only for people under 30.

…expected it to impact fewer than 500,000 people.

Senator Marco Rubio (R, FL) remarked,

Holding a fire sale of cheap insurance is not a responsible fix for a broken program.  This is a slap in the face to the thousands of Americans who have already purchased expensive insurance through the ObamaCare exchanges.

There are more than 5 million Americans in this sinking canceled insurance plan boat, though, not a half million.  And what about those folks who have already re-signed into suboptimal (but more expensive to make up for it) Obamacare plans about whom Rubio worries?  The open enrollment period doesn’t end until next March: how many of those folks will cancel their shiny, new, more expensive Obamacare plans and pick, instead, the Sebelius Plan—to the detriment of the Obamacare law cost structure?

Moreover, the “hardship exemption” under which Sebelius is offering her Plan says this about eligible hardships [emphasis added]:

…experienced financial or domestic circumstances, including an unexpected natural or human-caused event, such that he or she had a significant, unexpected increase in essential expenses that prevented him or her from obtaining coverage under a qualified health plan.

Is Sebelius really saying that Obamacare is a Man-Caused Disaster?

Finally, all this Individual Mandate…folderol…is coming after Obama and his Senate cronies shut down the government rather than delay the Individual Mandate.

Just how idiotic can one grown, adult President and one grown, adult Cabinet Secretary be in one lifetime?

Health Insurance Premium Changes Due To Obamacare

There is a March 2013 report coming to light, prepared jointly by the House Committee on Energy and Commerce, Majority Staff; the Senate Committee on Finance, Minority Staff; and the Senate Committee on Health, Education, Labor & Pensions, Minority Staff, titled The Price of Obamacare’s Broken Promises: Young Adults and Middle Class Families Set to Endure Higher Premiums and Unaffordable Coverage, and it’s available here.

There’s a lot of data in the eight-page report, but the money figure is this one:

Those were estimates last spring, and for two states, the estimates weren’t available.

As of last September, though, Forbes estimated Vermont as having premium increases ranging from 71% to 157%, depending on age, and New York having a rate decrease in the neighborhood of 40%.  Forbes also estimated that some 17 states would see premium decreases in at least one age/gender demographic; although with many of those seeing the decrease in only one or two such categories.

Since Obamacare went live nearly three months ago, customers—especially those who’ve had their policies canceled out from under them—are seeing just these increases, and they’re also seeing enormous increases in deductibles—the amount of out of pocket expenses that must be absorbed by the patient before an Obamacare policy kicks in to pay (for a Bronze plan) all of 60% of the patient’s expenses.  For that year.  That’s a really sick patient to have all those expenses before coverage kicks in.

Some deal, this Obamacare.

Obamacare Blocking People from Getting Coverage?

A Better LA, a decade-old Los Angeles nonprofit, said last week it was signing up 50 low-income people for health plans in California’s health-insurance marketplace.  The charity, which said it has the blessing of the state agency overseeing the marketplace, will pay $50 to $100 a month to cover the share of the people’s premiums not already financed by federal subsidies.

Nonprofits, including some hospitals, say paying premiums would ensure coverage for people currently uninsured who can’t afford even a small monthly payment for health insurance.

But.  There’s always a but. This but is this, from Karen Ignagni, President and CEO of America’s Health Insurance Plans, the health-insurance industry’s trade group (who, incidentally, declines to explain the claimed logistics problem of reissuing health insurance plans that were in force just a month ago):

It is a conflict of interest for hospitals and drug companies to pay patients’ premiums and cost-sharing for the sole purpose of increasing utilization of their services and products.

Of course, Ignagni has no conflict of interest herself.  Mm, mm.

And

[The] HHS unit that is implementing the health law said it would “discourage” hospitals and other commercial entities from paying premiums.  It asked insurers to reject such payments and warned that it would take further action if necessary.

HHS has significant concerns with this practice….

The Democrats and the insurance companies in cahoots with them pretended to concern about the poor and the elderly sick being unable to afford medical care because they couldn’t afford health insurance.  Now those same worthies are moving to block those poor and elderly sick from getting exactly that coverage solely because they’re not getting coverage in the way those Democrats deem acceptable.  Apparently, the Democrats’ concern had nothing to do with the welfare of the poor and the elderly sick and everything to do with getting their votes.

The insurance companies?  It’s time to cut out the coddling and dump them into a free, competitive market place.

Rule…Law

Christopher DeMuth, writing in The Weekly Standard, notes among other things that

Obamacare is introducing a new form of government​—​improvisational government, characterized by continuous ad hoc revisions of statutory law by executive decree. This is a reversion to a primitive form that long antedates our Constitution and rule-of-law traditions.

Indeed.  What DeMuth calls “continuous ad hoc revisions…by decree” is simply rule-by-law.  Something at which the People’s Republic of China has excelled for centuries.  President Barack Obama might well take some advice from those folks.

The Idiocy of Lawlessness

Leaving aside the lawlessness of HHS’ new “rules” demanding that their new subjects, the insurance companies, govern their businesses according to HHS diktats, following are some examples of the utter stupidity flowing from that lawlessness.

“asking” insurers to take a flexible approach about their rules when patients refill prescriptions or see their existing doctor in the early days of the new year in case new health plans haven’t kicked in.

Never mind that the old plans, that included those doctors and drug coverages, are illegal under Obamacare, and so no legal coverage exists for them.  This also ignores the mechanics of the insurers getting paid, eventually, by the patient, and by the Federal government when subsidies are involved.

“encouraging” insurers to begin coverage in the new year even if applicants miss the deadline by a few days.

Never mind that, especially with the failure of ObamaMart to deliver necessary enrollment and sign-up data to the insurers, those insurers have no way of knowing that those claiming coverage actually are covered, neither do those claiming coverage have any way of knowing they’re actually covered, and neither do the doctors and hospitals have any way of knowing whether they’re included in the claimed plans.  Just try to sort out the fraud from the honest mistakes from the utter failures in this environment.

requiring that enrollees who pay their first month’s premium by Dec 31 be given coverage starting the next day.

Never mind that ObamaMart can’t even tell the insurers who has enrolled.  Never mind that, even when information flows as it should, insurers have no hope of reacting that quickly, even in an on-line world.  Thus, see above about who knows what and how to sort out fraud from….

“calling on insurers” to refill through January prescriptions covered under previous plans.  …insurers should continue covering at standard rates patients’ visits to doctors they had seen under their old policies, even if those doctors weren’t part of a new plan’s network.

“strongly encouraging” insurers to treat out-of-network providers as in-network to ensure continuity of care for acute episodes.

Never mind that those plans are illegal, the coverage under them non-existent by government decree.

Never mind that the insurers have no hope of reimbursement for any fraud that occurs, nor any expectation of timely—if any at all—payment of subsidies due, since ObamaMart’s software is wholly incapable of determining who’s eligible for subsidies, much less how much any particular Obamacare welfare recipient might be due.

Keep in mind that when the Federal government “asks” for something, it’s largely indiscriminable from a demand.  See the IRS’ treatment of government-disapproved groups of Americans, HHS Secretary Kathleen Sebelius’ treatment of insurance companies who objected to Obamacare while it was being developed, Congressman Henry Waxman’s (D, CA) treatment of companies who laid out the early costs of Obamacare.

The Administration of Stupid just keeps rolling along.