Does The President Have the Right To Change Obamacare?

[Kondor3]

Do future presidents get to change Obamacare?

If needed to ensure the smooth transition, of course. Not, of course, to repeal it.

How about setting aside a formal 'repeal' until more anti-ObamaCare votes can be brought to bear, and simply issuing an Executive Order for various related operations to cease immediately?

 

[Howey]

Do future presidents get to change Obamacare?

I am quite sure that the next one will. It will be segued into a full universal single payer health care system, and we will leave the 19th century and join the other democratic industrial nations in the 21st century.

^^^dumb as a sack full of goat feet. Here's a hint old fart------universal single payer medicine IS NOT FREE AND IT SUCKS IF YOU ARE SICK.

I'm quite happy with the single payor medical care I receive through the VA. And it's been proven to be the best health care there is.

 

[The Rabbi]

I am quite sure that the next one will. It will be segued into a full universal single payer health care system, and we will leave the 19th century and join the other democratic industrial nations in the 21st century.

^^^dumb as a sack full of goat feet. Here's a hint old fart------universal single payer medicine IS NOT FREE AND IT SUCKS IF YOU ARE SICK.

I'm quite happy with the single payor medical care I receive through the VA. And it's been proven to be the best health care there is.

Did your husband serve?
VA Hospitals: Everything That's Wrong With Government Healthcare

 

[Howey]

The implementation schedule was part of the law. the cited language does not permit any president to change the provisions that are written into the law.

the cited language allows a president to use executive orders to address things that are not written into the law, not to change things that are specifically included in the law.

the OP is wrong.

Shame on you for using facts. Now the OP has to go back, dissemble, lie, obfuscate, insist he is right, call you an idiot, quote what he just quoted, add bold to parts he thinks you didnt see, and then declare he already proved his point.

I cited the statute giving the president the authority to change provisions of the law to ensure it's smooth implementation and an example thereof.

The two of you provided personal opinions, not backed by fact.

 

[The Rabbi]

The implementation schedule was part of the law. the cited language does not permit any president to change the provisions that are written into the law.

the cited language allows a president to use executive orders to address things that are not written into the law, not to change things that are specifically included in the law.

the OP is wrong.

Shame on you for using facts. Now the OP has to go back, dissemble, lie, obfuscate, insist he is right, call you an idiot, quote what he just quoted, add bold to parts he thinks you didnt see, and then declare he already proved his point.

I cited the statute giving the president the authority to change provisions of the law to ensure it's smooth implementation and an example thereof.

The two of you provided personal opinions, not backed by fact.

No, you didnt. You didnt do anything of the sort.
Of course to a lo-lo like you it's all the same thing.

 

[Mojo2]

The argument is endless coming from the right...the President is overstepping his bounds by signing Executive Orders or otherwise making procedural changes to the ACA.

26 U.S. Code § 7805 gives him the permission to do exactly that:

(b) Retroactivity of regulations

(1) In general

Except as otherwise provided in this subsection, no temporary, proposed, or final regulation relating to the internal revenue laws shall apply to any taxable period ending before the earliest of the following dates:

(A) The date on which such regulation is filed with the Federal Register.

(B) In the case of any final regulation, the date on which any proposed or temporary regulation to which such final regulation relates was filed with the Federal Register.

(C) The date on which any notice substantially describing the expected contents of any temporary, proposed, or final regulation is issued to the public.

(2) Exception for promptly issued regulations

Paragraph (1) shall not apply to regulations filed or issued within 18 months of the date of the enactment of the statutory provision to which the regulation relates.

(3) Prevention of abuse

The Secretary may provide that any regulation may take effect or apply retroactively to prevent abuse.

(4) Correction of procedural defects

The Secretary may provide that any regulation may apply retroactively to correct a procedural defect in the issuance of any prior regulation.

(5) Internal regulations

The limitation of paragraph (1) shall not apply to any regulation relating to internal Treasury Department policies, practices, or procedures.

(6) Congressional authorization

The limitation of paragraph (1) may be superseded by a legislative grant from Congress authorizing the Secretary to prescribe the effective date with respect to any regulation.

Here's an example of the citation:

PART 1—INCOME TAXES

Paragraph 1. The authority citation for part 1 continues to read in part as follows:

Authority: 26 U.S.C. 7805 * * *

Par. 2. Section 1.833–1 is added to read as follows:

§ 1.833–1 Medical Loss Ratio Under Section 833(c)(5).

(a) In general. Section 833 does not apply to an organization unless the organization’s medical loss ratio (MLR) for a taxable year is at least 85 percent. Paragraph (b) of this section provides definitions that apply for purposes of section 833(c)(5) and this section. Paragraph (c) of this section provides rules for computing an organization’s MLR under section 833(c)(5). Paragraph (d) of this section addresses the treatment under section 833 of an organization that has an MLR of less than 85 percent. Paragraph (e) of this section provides the effective/applicability date.

(b) Definitions. The following definitions apply for purposes of section 833(c)(5) and this section.

(1) Reimbursement for clinical services provided to enrollees. The term reimbursement for clinical services provided to enrollees has the same meaning as that term has in section 300gg-18 of title 42, United States Code and the regulations issued under that section (see 45 CFR 158.140).

(2) Total premium revenue. The term total premium revenue means the total amount of premium revenue (excluding Federal and State taxes and licensing or regulatory fees and after accounting for payments or receipts for risk adjustment, risk corridors, and reinsurance under sections 1341, 1342, and 1343 of the Patient Protection and Affordable Care Act, Public Law 111–148 (124 Stat. 119 (2010)) (42 U.S.C. sections 18061, 18062, and 18063)) as those terms are used for purposes of section 300gg-18(b) of title 42, United States Code and the regulations issued under that section (see 45 CFR Part 158).

It is my hope that this information helps educate those of lesser intelligence on this forum.

Were Democrats legally able to discriminate against Blacks, keep them from voting, prohibit them from using restrooms, restaurants, lodging establishments, going to school with White kids during Jim Crow days?

Yes, y'all were.

Does that make Obama's use of Executive Orders to make changes to ACA to help lubricate it so that it will be successfully jammed up America's ass the right thing for a President to do to Americans so he can enslave us just as a previous generation of Dems enslaved Black Americans?

No,it's not.

But you believe it does.

And you suck dicks and like it hard and slippery up the ass.

But does that make it right for you to force your perverted views on us?

You think it does.

And that's why you will lose.

This is OUR country.

Not yours.

 

[Howey]

^^^dumb as a sack full of goat feet. Here's a hint old fart------universal single payer medicine IS NOT FREE AND IT SUCKS IF YOU ARE SICK.

I'm quite happy with the single payor medical care I receive through the VA. And it's been proven to be the best health care there is.

Did your husband serve?
VA Hospitals: Everything That's Wrong With Government Healthcare

We both served. I'm retired military and 100% disabled. Got a problem with that?


It's hard to top veterans' health care - Vital Signs - MarketWatch

 

[Mojo2]

Do future presidents get to change Obamacare?

I am quite sure that the next one will. It will be segued into a full universal single payer health care system, and we will leave the 19th century and join the other democratic industrial nations in the 21st century.

Do you even care that this would be the last time we would be in control of our government?

Are you so in love with the idea of affordable health care for all (never mind that it will be neither of those things for millions) that you would willingly cede our sovereignty over to a conniving, manipulative liar like Obama to have complete control over the American people and that we would forever on be subjects of the government?

Would you want to reverse the freedoms we won in our war for independence so we could, once again return to being subjects of the crown?

The crown of Obama?

You don't deserve the privilege of freedom if you are willing to give OUR FREEDOMS away.

Better men than you have fought and given life, limb and treasure to assure YOUR freedom and you would just give it away for nothing?

What the **** kind of man are you?

If I could I'd give you this one last chance to re-think your position.

If you didn't recant it would be proof you weren't worthy of citizenship or the freedoms you enjoy.

I would send you packing to some hellish place where scum like you can be at the mercy of their governments, 24/7/365 but with all the mediocre free healthcare that you could want.

A place like Cuba, for example.

And I'd make it so you could never leave.

You like being pushed around and being the subject of the government's whims?

Well, in this hellish place I'd send you you could consider me President Mojo.

And I'd get my mojo workin on you, boy.

 

[Mojo2]

I'm quite happy with the single payor medical care I receive through the VA. And it's been proven to be the best health care there is.

Did your husband serve?
VA Hospitals: Everything That's Wrong With Government Healthcare

We both served. I'm retired military and 100% disabled. Got a problem with that?


It's hard to top veterans' health care - Vital Signs - MarketWatch

Undoubtedly a mental disability.

 

[JakeStarkey]

"Part of the objection is that Obama opposed Congress making any changes at all, including delaying the individual mandate, and when they first agreed on a budget that included this change, he demanded no changes at all. And he even blamed the resulting shut down solely on the GOP and accepted no responsibility for rejecting their compromise to avoid the shutdown, because he insisted that no changes would be made."

(1) BHO was making sure that the nation understood that the GOP minority held no veto power of the majority party.

(2) The tail does not wag the dog.

(3) Elections have real consequences.

 

[Mojo2]

Don't any of you supporters of giving the government control over us realize the benign friendly government you see is only that way because it is under our control???

The minute we give the government control of our health care they will have control over us and the complexion of government will change completely.

"An oppressive government is much worse than a man-eating tiger." -- Kong Fu-Dzuh ("Confucious")

"When we give government the power to make medical decisions for us, we, in essence, accept that the state owns our bodies." ~U.S. Representative Ron Paul

"...the world is governed by very different personages to what is imagined by those who are not themselves behind the scenes." - Benjamin Disraeli (1801-1884) Prime Minister of Britain

"The State is the coldest of all cold monsters." [Nietzche]

 

[Mojo2]

II. Uphold the Constitution, laws, and regulations of the United States and of all governments therein and never be a party to their evasion.[/b]"

Just wondering...does repeatedly trying to defund Obamacare fall under that?

When done by Congress that is one of their functions dumb ass.

Absolutely, Gunney!

As for the House of Representatives' right to grant or withhold money, that is not a matter of opinion either. You can check the Constitution of the United States. All spending bills must originate in the House of Representatives, which means that Congressmen there have a right to decide whether or not they want to spend money on a particular government activity.

Whether ObamaCare is good, bad or indifferent is a matter of opinion. But it is a matter of fact that members of the House of Representatives have a right to make spending decisions based on their opinion.

http://www.creators.com/print/conservative/thomas-sowell/who-shut-down-the-government.html

 

[Avatar4321]

Only if the changes are passed by congress.

Btw you seem to be under the impression that statutes and regulations are the same thing. The President can't change statutes.

 

[RetiredGySgt]

"Part of the objection is that Obama opposed Congress making any changes at all, including delaying the individual mandate, and when they first agreed on a budget that included this change, he demanded no changes at all. And he even blamed the resulting shut down solely on the GOP and accepted no responsibility for rejecting their compromise to avoid the shutdown, because he insisted that no changes would be made."

(1) BHO was making sure that the nation understood that the GOP minority held no veto power of the majority party.

(2) The tail does not wag the dog.

(3) Elections have real consequences.

Elections have consequences except when a Republican wins, right? The House is controlled by the Republicans not the democrats as in elections have consequences.

 

[westwall]

The argument is endless coming from the right...the President is overstepping his bounds by signing Executive Orders or otherwise making procedural changes to the ACA.

26 U.S. Code § 7805 gives him the permission to do exactly that:

(b) Retroactivity of regulations

(1) In general

Except as otherwise provided in this subsection, no temporary, proposed, or final regulation relating to the internal revenue laws shall apply to any taxable period ending before the earliest of the following dates:

(A) The date on which such regulation is filed with the Federal Register.

(B) In the case of any final regulation, the date on which any proposed or temporary regulation to which such final regulation relates was filed with the Federal Register.

(C) The date on which any notice substantially describing the expected contents of any temporary, proposed, or final regulation is issued to the public.

(2) Exception for promptly issued regulations

Paragraph (1) shall not apply to regulations filed or issued within 18 months of the date of the enactment of the statutory provision to which the regulation relates.

(3) Prevention of abuse

The Secretary may provide that any regulation may take effect or apply retroactively to prevent abuse.

(4) Correction of procedural defects

The Secretary may provide that any regulation may apply retroactively to correct a procedural defect in the issuance of any prior regulation.

(5) Internal regulations

The limitation of paragraph (1) shall not apply to any regulation relating to internal Treasury Department policies, practices, or procedures.

(6) Congressional authorization

The limitation of paragraph (1) may be superseded by a legislative grant from Congress authorizing the Secretary to prescribe the effective date with respect to any regulation.

Here's an example of the citation:

PART 1—INCOME TAXES

Paragraph 1. The authority citation for part 1 continues to read in part as follows:

Authority: 26 U.S.C. 7805 * * *

Par. 2. Section 1.833–1 is added to read as follows:

§ 1.833–1 Medical Loss Ratio Under Section 833(c)(5).

(a) In general. Section 833 does not apply to an organization unless the organization’s medical loss ratio (MLR) for a taxable year is at least 85 percent. Paragraph (b) of this section provides definitions that apply for purposes of section 833(c)(5) and this section. Paragraph (c) of this section provides rules for computing an organization’s MLR under section 833(c)(5). Paragraph (d) of this section addresses the treatment under section 833 of an organization that has an MLR of less than 85 percent. Paragraph (e) of this section provides the effective/applicability date.

(b) Definitions. The following definitions apply for purposes of section 833(c)(5) and this section.

(1) Reimbursement for clinical services provided to enrollees. The term reimbursement for clinical services provided to enrollees has the same meaning as that term has in section 300gg-18 of title 42, United States Code and the regulations issued under that section (see 45 CFR 158.140).

(2) Total premium revenue. The term total premium revenue means the total amount of premium revenue (excluding Federal and State taxes and licensing or regulatory fees and after accounting for payments or receipts for risk adjustment, risk corridors, and reinsurance under sections 1341, 1342, and 1343 of the Patient Protection and Affordable Care Act, Public Law 111–148 (124 Stat. 119 (2010)) (42 U.S.C. sections 18061, 18062, and 18063)) as those terms are used for purposes of section 300gg-18(b) of title 42, United States Code and the regulations issued under that section (see 45 CFR Part 158).

It is my hope that this information helps educate those of lesser intelligence on this forum.

No, it's illegal.

 

[Avatar4321]

The argument is endless coming from the right...the President is overstepping his bounds by signing Executive Orders or otherwise making procedural changes to the ACA.

26 U.S. Code § 7805 gives him the permission to do exactly that:

(b) Retroactivity of regulations

(1) In general

Except as otherwise provided in this subsection, no temporary, proposed, or final regulation relating to the internal revenue laws shall apply to any taxable period ending before the earliest of the following dates:

(A) The date on which such regulation is filed with the Federal Register.

(B) In the case of any final regulation, the date on which any proposed or temporary regulation to which such final regulation relates was filed with the Federal Register.

(C) The date on which any notice substantially describing the expected contents of any temporary, proposed, or final regulation is issued to the public.

(2) Exception for promptly issued regulations

Paragraph (1) shall not apply to regulations filed or issued within 18 months of the date of the enactment of the statutory provision to which the regulation relates.

(3) Prevention of abuse

The Secretary may provide that any regulation may take effect or apply retroactively to prevent abuse.

(4) Correction of procedural defects

The Secretary may provide that any regulation may apply retroactively to correct a procedural defect in the issuance of any prior regulation.

(5) Internal regulations

The limitation of paragraph (1) shall not apply to any regulation relating to internal Treasury Department policies, practices, or procedures.

(6) Congressional authorization

The limitation of paragraph (1) may be superseded by a legislative grant from Congress authorizing the Secretary to prescribe the effective date with respect to any regulation.

Here's an example of the citation:

PART 1—INCOME TAXES

Paragraph 1. The authority citation for part 1 continues to read in part as follows:

Authority: 26 U.S.C. 7805 * * *

Par. 2. Section 1.833–1 is added to read as follows:

§ 1.833–1 Medical Loss Ratio Under Section 833(c)(5).

(a) In general. Section 833 does not apply to an organization unless the organization’s medical loss ratio (MLR) for a taxable year is at least 85 percent. Paragraph (b) of this section provides definitions that apply for purposes of section 833(c)(5) and this section. Paragraph (c) of this section provides rules for computing an organization’s MLR under section 833(c)(5). Paragraph (d) of this section addresses the treatment under section 833 of an organization that has an MLR of less than 85 percent. Paragraph (e) of this section provides the effective/applicability date.

(b) Definitions. The following definitions apply for purposes of section 833(c)(5) and this section.

(1) Reimbursement for clinical services provided to enrollees. The term reimbursement for clinical services provided to enrollees has the same meaning as that term has in section 300gg-18 of title 42, United States Code and the regulations issued under that section (see 45 CFR 158.140).

(2) Total premium revenue. The term total premium revenue means the total amount of premium revenue (excluding Federal and State taxes and licensing or regulatory fees and after accounting for payments or receipts for risk adjustment, risk corridors, and reinsurance under sections 1341, 1342, and 1343 of the Patient Protection and Affordable Care Act, Public Law 111–148 (124 Stat. 119 (2010)) (42 U.S.C. sections 18061, 18062, and 18063)) as those terms are used for purposes of section 300gg-18(b) of title 42, United States Code and the regulations issued under that section (see 45 CFR Part 158).

It is my hope that this information helps educate those of lesser intelligence on this forum.

No, it's illegal.

He would know that if he had any idea what he was talking about. But he naively believes that Obamacare, which is a statute, can be changed because he cites a statute saying the secretary can modify previous regulations.

He doesn't know the difference between statutes, which are passed by Congress and signed into law by the President as established by the Constitution and regulations, which are rules guiding the executive branch on how to enforce statutes.

 

[idb]

Surely he can do whatever he likes with it...after all, it's named after him.

 

[Old Rocks]

The implementation schedule was part of the law. the cited language does not permit any president to change the provisions that are written into the law.

the cited language allows a president to use executive orders to address things that are not written into the law, not to change things that are specifically included in the law.

the OP is wrong.

That is your claim. Are you a Constitutioinal lawyer?

 

[Mojo2]

I think this was before Obama claimed all of his changes to ACA were done under the banner of Executive Ortders. Still, there is info here that some might find interesting.

Betsy McCaughey made a great point tonight in an interview with Mark Levin, noting that the Affordable Care Act that was passed by Congress, signed by Obama and upheld by the Supreme Court is not the same law that Obama is currently imposing on the American people. McCaughey says that with all the changes Obama has made to ACA, it is now nothing more than a ‘distorted little piece of the Affordable Care Act’ and says it doesn’t have the status of law because it’s not what they passed:

MCCAUGHEY: I have the Obama health law right here in front of me and I think about how different what the president’s health reform today is from that law. I hear the Democrats say all the time ‘well it was passed by Congress, it was signed by the president and it was vetted by the Supreme Court.’ But what the president is imposing on us today is not the Affordable Care Act.

LEVIN: Stop! Stop! That is a very important point. Wait a minute, Congress passed, the president signed, the Supreme Court upheld…and your point is since then Obama has changed the law and nobody and nothing has passed on that. Brilliant!

MCCAUGHEY: Oh yes exactly. He has stripped the employer mandate, income verification, caps on out of pocket expenses, over half the statutory deadlines in the law. So now he’s had this very distorted little piece of the Affordable Care Act and he’s tacked new things onto it, 1472 waivers. And how about this new subsidy for members of Congress that he weaseled through without congressional approval. All of this means that this reform doesn’t have the status of law.

Betsy McCaughey to Mark Levin: ?What the president is imposing on us today is NOT the Affordable Care Act? » The Right Scoop -

 

[Politico]

Did your husband serve?
VA Hospitals: Everything That's Wrong With Government Healthcare

We both served. I'm retired military and 100% disabled. Got a problem with that?


It's hard to top veterans' health care - Vital Signs - MarketWatch

Undoubtedly a mental disability.

No. But I do find it hilarious that someone who is not even part of the issue is dictating how we should be getting our insurance.

Next thing you'll be screaming buy electric cars from your SUV.