Freedom Line Blog

First Uncle Bear, now Uncle Sam.

“The Obama administration says it sent about 800,000 HealthCare.gov customers the wrong tax information, and officials are asking those consumers to delay filing their 2014 taxes,” reports CNBC.

The massive blunder comes on the heels of a similar admission by California officials that the state sent out approximately 100,000 error-laden tax forms to residents using the state’s ObamaCare exchange, Covered California.

No timeline was apparent on when revised forms would be sent out, or whether early tax filers would be penalized by the Internal Revenue Service for submitting unknowingly false information.

Another item in the CNBC report may foreshadow the next move. Due to concerns that some people will be angered for being penalized for not buying insurance to comply with ObamaCare’s coverage mandate, the Obama administration is creating another sign-up extension.

Perhaps the IRS will get similar instructions from on high and bump back the filing deadline.

If so, expect to hear the millions of non-ObamaCare customers clamor, “Me too!”

It looks like having the courage of one’s convictions about the imperative of ObamaCare doesn’t include making good on the Democrats’ promise to “pay-as-you-go.”

Once upon a time when Rep. Nancy Pelosi (D-CA) was Speaker of the House, Democrats in Congress made a lot of noise about PAYGO, the fiscal policy that essentially requires new spending to be paid for with spending cuts, tax increases, or some combination of the two.

But now that ObamaCare’s IRS-imposed penalties are coming due, those same Democrats are singing a different tune.

“Three senior House members told the Associated Press that they plan to strongly urge the administration to grant a special sign-up opportunity for uninsured taxpayers who will be facing fines under the law for the first time this year,” the AP reports.

Interestingly, the three House members – Michigan’s Sander Levin, Washington’s Jim McDermott and Texas’ Lloyd Dogget – “[a]ll worked to help steer Obama’s law through rancorous congressional debates from 2009-2010.”

And now that the price of non-compliance with ObamaCare’s tax-raising mandates is becoming obvious, all three want to avoid a predictable constituent backlash.

Sorry fellas, if spending at least $684 million annually to educate the public about ObamaCare isn’t enough to adequately inoculate against angry voters, perhaps there’s a fatal flaw in the law.

At any rate, it’s time the American public got the version of health reform you voted for.

Here’s everything you need to know about the corrupting tendencies of the modern administrative state.

When the ruling elite’s social engineering policies threaten to weaken its grip on power, the law can be bent in any way that pleases them.

Exhibit A is a news article from the New York Times, which begins, “Obama administration officials and other supporters of the Affordable Care Act say they worry that the tax-filing season will generate new anger as uninsured consumers learn that they must pay tax penalties and as many people struggle with complex forms needed to justify tax credits they received in 2014 to pay for health insurance.”

The solution: “The White House has already granted some exemptions and is considering more to avoid a political firestorm.”

You read that correctly. If lots of people will be angry because ObamaCare is slated to work as designed – by ensuring that the people who received insurance subsidies actually qualified for them – it’s completely permissible to just exempt them from compliance.

This is interest group politics run amuck.

It’s been said before, but it’s worth repeating. If Mitt Romney had said during the 2012 presidential campaign that all he needed to repeal ObamaCare was to be elected so he could not enforce the law, the Left would have been up in arms swearing to sue him in court for dereliction of duty. When Barack Obama does the same thing it’s suddenly accepted as executive discretion.

One day liberals may see a conservative reap a policy windfall thanks to Obama’s careless actions. If this is the way it’s going to be in the future, don’t be surprised to see presidents of every partisan stripe erode the rule of law by carving out exemptions for their political base. Today it’s the working poor. Tomorrow it might be trust fund kids who see their capital gains taxes go uncollected.

And then, we’ll be Greece.

Next year’s ObamaCare premiums won’t be available through Healthcare.gov – the federal insurance portal servicing 26 states – until the week after the November 4^th midterm elections.

“Insurers say one big challenge for next year will involve millions of returning customers,” the AP reports. “It’s not really a technology issue, but a time crunch that also coincides with the Thanksgiving and Christmas holidays.”

In this case, it’s not the health insurance companies who are to blame, but rather the Obama administration. Late last year when Healthcare.gov was glitching its way into infamy, news leaked that the enrollment period for 2015 would be pushed back a month – from October 15 to November 15. Everybody who could read a political calendar knew the primary motivation was to hide the true cost of ObamaCare’s second year premiums from voters before going to the polls.

This is just one more reason why it’s a bad idea to have the government in control of health care pricing – those responsible will never allow the public to hold them accountable.

H/T: Townhall Tipsheet

It sounds like there may be a growing bipartisan consensus to repeal ObamaCare’s onerous employer mandate.

“Republicans don’t like the mandate because they oppose the idea of government telling private sector entities what to do, but they also don’t support the lack of tax incentives for individuals who don’t pay for health care through an employer,” says The Street. For their part, “[s]ome Democrats don’t mind dumping the employer mandate because they would prefer to move away from businesses making health insurance decisions for individuals.”

The employer mandate is poised to hit small and growing businesses especially hard, since employing 50 full-time workers – defined as working 30 hours or more a week – triggers requirements to offer costly ObamaCare-compliant insurance plans.

This creates an obvious incentive to cut hours for people already at the margins, in effect robbing them of extra work and extra pay. Because of this liberal pundits like Ezra Klein have called for the full repeal of the employer mandate (and deplored the politically-motivated delays that have made ObamaCare’s implementation so arbitrary).

Of course, repealing the employer mandate isn’t a painless option. While it would no doubt free countless human resources directors from nimbly trying to anticipate the next extra-legal maneuverings of the Obama administration, it would also be a huge hit on ObamaCare’s financial scorecard.

“If you take [the employer mandate] out the congressional budget score looks a lot worse,” one academic supporter of ObamaCare tells The Street. That’s because the buck for subsidizing health insurance would move from private employers to the public treasury via a massive migration to ObamaCare exchanges. The individual mandate, remember, would be still be in effect. If that happens, expect ObamaCare’s price tag to soar.

So while it may be tempting for Republicans to ally with Democrats and vote to repeal the employer mandate, doing so could be used to charge the GOP with willfully spiking federal spending. Better, it seems, to just get rid of the whole law and start afresh.

This morning Healthcare.gov – the federal ObamaCare website serving citizens in 34 states – went down for four hours, stymieing customers from accessing or completing their applications for insurance.

NBC News reports that people unable to log onto the website were put in a “queue,” meaning they would be notified by email when they could resume the enrollment process.

But with the deadline to begin an application (supposedly) ending at midnight, what will happen to people unable to return to their computer screens after the lengthy delay? Last week’s extension to mid-April only covers people who start the process for enrolling by the end of March. If other commitments – say family or work responsibilities – don’t allow an applicant to return, what then? How will federal regulators distinguish between people who never tried to use Healthcare.gov and those that did, but for various reasons beyond their control couldn’t finish?

If history is any guide, don’t expect the feds to make a distinction. More likely, the response sometime soon will be a blanket extension for enrollment that allows anyone – without precondition – to complete the process.

Then it will be the IRS whose head will spin. When it comes to enrolling on an ObamaCare exchange, the carrots are the subsidies and the sticks are the fines. Any adult that goes without health insurance for three consecutive months is subject to a fine of $95 or 1 percent of her annual income, whichever is higher. And since that fee gets levied at next year’s tax filing, it will be the IRS’ job to sort out who is subject to the penalty.

That is, as soon as the political operatives in the Obama administration decide when enrollment really, really – no really we’re serious this time! – ends.

Megan McArdle posits three reasons why the Obama administration extended the enrollment deadline for purchasing insurance through Healthcare.gov, the federal ObamaCare exchange.

The most interesting, and to my mind most plausible, is that pushing the deadline into mid-April will make it more difficult for insurers to calculate next year’s premiums.

“Extending open enrollment, which is essentially what they’re doing, would then be a desperate play to get more young, healthy customers into the exchanges, and perhaps to make it a bit harder for insurers to raise rates,” writes McArdle. “In some states, insurers have to file preliminary rate increases in May. And thanks to this latest extension, they won’t have final data to back up any requests for a premium hike.”

Originally, the Obama administration estimated it needed 40 percent of enrollments to be from young and healthy people to avoid rate spikes the following year. With the current mix stuck at only 25 percent, insurers are signaling that prices will go up next year to cover the likely costs of insuring an older and sicker population than anticipated.

But with this extension the Obama administration is putting insurers in a bind. Do they assume the 25 percent number will hold and justify rate increases to state regulators using that assumption? Or do they wait and see if a last-ditch push to inflate the number of young and healthy enrollees reaches the magic 40 percent threshold?

The dilemma for the insurance companies is just the most recent example of how bending the law for one group punishes another. True, many people won’t mind that insurance carriers are the ones holding the bag this time, but that just underscores the growing lack of resistance to arbitrary regulation. Today, it’s unpopular insurance companies. Tomorrow, it’s you.

Viewed in the most favorable light, the Obama administration’s decision this week to extend ObamaCare’s enrollment deadline into the middle of April is a measure of justice to people forced to buy health insurance but unable to complete the transaction because of lousy government websites. Simply put, it’s just wrong to penalize people for failing at a task the government makes it impossible to do.

However, for every person receiving his due there are others getting the shaft. For example, consider all the people who diligently signed up for coverage last fall, spending hours surfing through glitch-prone websites and incoherent call centers, all because the Obama administration swore up-and-down that insurance had to be purchased by mid-December if coverage was wanted on January 1st. And then the deadline was extended.

Recall that millions of people lost their individual and family plans because they didn’t comply with ObamaCare’s heightened benefits mandates. Responsible customers swallowed hard and leapt into an ObamaCare exchange because the government said so. And then the Obama administration decided not to enforce its own law.

And let’s not forget the insurance companies, business owners and tax experts who spent thousands of hours trying to comply with ObamaCare’s deadlines and mandates only to watch those who did little or nothing to prepare get rewarded with delay after delay, or as we used to say during the last Bush administration, bailout after bailout.

So while it is true that it’s unjust that people should be penalized for government’s failures, it is equally unjust to punish those who are trying valiantly to play by the rules but then get hosed by last minute changes. The takeaway here is that the implementation of ObamaCare is destroying the incentive to take the government at its word. If this becomes its legacy, the law will be far more destructive than anyone thought possible.

The Hill is reporting that ObamaCare’s politically-motivated delays may come back to bite Democrats this fall.

“[One] insurance official, who hails from a populous state, said his company expects to triple its rates next year on the ObamaCare exchange.” And, “In Iowa, which hosts the first presidential caucus in the nation and has a competitive Senate race this year, rates are expected to rise 100 percent on the exchange and by double digits on the larger, employer-based market,” says the website. (Emphasis added)

The spikes are coming primarily for two reasons. First, the percentage of young and healthy people enrolling for coverage is too low to off-set the cost of care for older and sicker enrollees. Second, insurance companies don’t trust the Obama administration to follow the law.

Delaying parts of ObamaCare that force people to do things they don’t like – such as pay more for less generous plans – feels good politically, but it skewers carefully laid business plans that rely on the government to faithfully apply its own regulations.

After watching the Obama administration change the rules at the eleventh hour this year, insurance companies are hedging their bets by passing the costs of arbitrary regulation onto consumers, starting with next year’s premiums.

The Democrats’ midterm dilemma is really a refusal to engage in delayed gratification. Had the Obama administration stood firm and applied the law as-is, an entire year would have elapsed before the party that passed ObamaCare would be held accountable. By then, people might have grown used to the frustrating parts of the health law, much like they have with the never-ending delays. But now, fiscal reality is staring Democrats in the face. And thanks to their backstabbing of the insurance industry, they have no one to blame but themselves.

The latest ObamaCare delay guarantees that the law’s arbitrary implementation will be a huge issue in the 2016 presidential campaign.

“The change was included in last week’s announcement that the government would let people keep otherwise out-of-compliance health plans for another two years,” reports Fox News. “Buried in the official memo was a line giving people whose policies were canceled a ‘hardship exemption’ through October 2016.”

That means no who qualifies for this exemption has to pay a fine under the individual mandate until President Barack Obama is leaving office.

Talk about forcing someone else to do make all the hard decisions. Because of the current president’s refusal to shoulder the burdens of implementing his own law it seems like a certainty that the campaign to succeed him will be dominated by questions he can’t bear to answer now.

In short, get used to ObamaCare being a flashpoint in our politics for a long time to come.

And it just so happens to be the most crucial.

With only 4.2 million of the original 7 million Obamacare exchange enrollees confirmed, officials at the Department of Health and Human Services were asked yesterday whether they would extend the March 31 deadline.

“We have no plans to extend the open enrollment period,” responded an HHS official, according to the Weekly Standard. “In fact, we don’t actually have the statutory authority to extend the open enrollment period in 2014.” (Emphasis added)

Of course, none of the controversial Obamacare delays are rooted in the law’s statutory text. When pressed for an explanation of how the enrollment deadline is different from the extra-legal delays of the individual mandate, employer mandate, small business exchange, Cadillac tax and thirty other extensions, the HHS spokespeople had no credible response.

The question remains, though, Why not extend the enrollment period in order to get more sign-ups? My guess is that broadening the enrollment timeline would quickly destroy the Obama administration’s ability ever to impose another deadline. As we saw last week with the second yearlong delay allowing non-compliant individual plans to continue, once an exception is made the firmness needed to impose a new drop-dead-date disintegrates. Rules become subject to whim not reason.

And make no mistake, if the Obama administration folds on this deadline the whole logic of Obamacare crashes and burns. If there is no penalty for non-enrollment then there is an incentive for each person to wait until he or she gets sick before buying health insurance. To participate on an Obamacare exchange an insurance company must accept whoever wants to buy a plan. Insuring sick people at the point of sale is no longer insurance since every purchaser needs the service immediately. For Obamacare to work as designed, however, the law and its insurance company partners need a majority of people paying for benefits only a minority will access.

That’s the real reason the Obama administration won’t delay the March 31 enrollment deadline. It can’t afford to.

The Hill is reporting that the Obama administration will extend for an additional year the ability of insurance companies to offer consumers plans that do not comply with Obamacare requirements. The current one-year extension is set to expire in October of this year, about a month before the 2014 midterm elections.

It is universally acknowledged that the reason for the extended extension is so that Democrats up for reelection can avoid having to explain to voters why the cheaper insurance plans they like are being canceled and replaced with more expensive options.

As one insurance industry source told The Hill, “I don’t see how they could have a bunch of these [cancellation] announcements going out in September, [n]ot when they’re trying to defend the Senate and keep their losses at a minimum in the House. This is not something to have out there right before the election.”

When the legality of a person’s health insurance depends on the timing of a political campaign, it’s obvious that health care has become politicized.

But while subjecting millions of Americans’ insurance plans to the expediency of a political party is certainly bad, the fact that no year seems to be a good year to fully implement Obamacare offers something like a silver lining. The whole point of terminating non-compliant insurance plans between October 2013 and January 2014 was to inflict maximum damage a year before voters went to the polls. The thinking was that other issues would eventually overshadow the anger and price spikes, allowing Democrats to avoid the consequences of entrenching their favorite policy.

Going forward, it’s hard to see how the Obama administration won’t become addicted to its own avoidance behavior. Though barred from seeking a third term in office, Obama will be under enormous pressure from Hillary Clinton and other Democratic presidential candidates, as well as members of Congress, to continue delaying enforcement until after the 2016 elections. After all, letting Obamacare go into effect will provide Republicans with a perfect campaign issue. Why not keep it off the table?

However, if that’s the tack they take it paves the way for another GOP line of attack – If Obamacare is too horrid to live with before an election, it certainly can’t be tolerated after.

After years of politicizing medicine by not enforcing its own law, the Obama administration may succeed in convincing Americans that Obamacare isn’t worth the pain it will inflict.

Referring to a yearlong delay in imposing ObamaCare’s individual mandate, Senator Joe Manchin, Democrat of West Virginia, told Bloomberg, “There’s no way I could not vote for it. It’s very reasonable and sensible.”

Indeed, it is. Conservative health policy experts James Capretta and Yuval Levin make a persuasive case on the merits for doing so. The core of their argument: It’s just plain fair.

Ever since the Obama administration decided to delay the employer mandate for a year Republicans have argued that the same relief should be extended to individuals and families.

Putting a one-year delay of the individual mandate into each of the next “must-pass” bills would give Republicans in Congress the leverage they need to put Democrats on the record.

Is shutting down the government more important than treating families at least as good as businesses? Is raising the debt ceiling?

If liberals want to bring government to a standstill to defend discrimination, let them.

Chances are, if Republicans pursue this strategy more red state Democrats like Manchin will also come to see the GOP’s delay proposal as “very reasonable and sensible.”

As Manchin points out, “If you know you couldn’t bring the corporate sector, you gave them a year, don’t you think it’d be fair?”

Sounds good to me, Senator. Time to convince a few more members of your caucus.

Sarah Kliff, a liberal health policy blogger at Wonkblog, explains why the Obama administration won’t delay the individual mandate like it has other elements of ObamaCare.

“…all the delays so have one thing in common: They erased political headaches for the law while barely denting the number of people that the health overhaul will cover in 2014,” writes Kilff. “The delays Republicans are asking for now would cause major political and substantive headaches for the law while sharply reducing the number of people it covers.”

The political headaches Kliff alluded to include vociferous opposition by businesses to the employer mandate. That’s because, once implemented, the employer mandate – the requirement to provide government-approved health insurance on any firm employing 50 or more full-time workers or pay a fine – will very likely result in shedding jobs to avoid compliance costs.

“This predictable employer response is a very good reason to want to postpone the mandate until after the midterm,” wrote Walter Russell Mead said when the employer mandate delay was announced this summer. “Nobody wants to run as an ally of the job-killing President whose policies led your voters’ employers to dump their health insurance.”

It’s both refreshing and appalling to see an ObamaCare cheerleader like Kliff admit that the only kind of acceptable delays are the ones that politically advantage the Obama administration.

No wonder opponents see the only real solution to ObamaCare’s metastasizing problems as repealing and starting over.

House Republican conservatives are considering an alternative to using the upcoming budget fight as an attempt to defund ObamaCare. In its place, the GOP would vote to delay all of ObamaCare for a year and use the money saved to restore budget cuts caused by the sequester, reports the Washington Examiner.

To entice Democrats, the proposal would also raise the government’s debt ceiling, which is estimated to be reached sometime in late October.

On the plus side, the one-year delay puts President Barack Obama and congressional Democrats on the defensive. After delaying the employer mandate and income eligibility requirements, it would be difficult to justify opposing the whole scale delay of a law that is turning into a “train wreck” to implement.

Shifting the money saved on ObamaCare implementation also lets Republicans take credit for restoring budget cuts, but here the plan starts to look less favorable. Conservatives want to restore funding to the military, but liberals are likely to demand restoration across the board – including budget items that Republicans would otherwise like to see shrink or eliminated.

Besides, if at the end of the year the sequester gets “paid for,” what was the point of going through all the downsizing? Angling for praise for restoring spending in a budget that doesn’t balance seems like an odd goal for fiscal conservatives.

Finally, there’s the debt ceiling issue. Between the White House, Senate Democrats and House Republican leadership there appears to be agreement that the debt ceiling should be raised. While that’s certainly the politically correct thing to do, it too seems contrary to the fiscal instincts of conservatives.

And yet, this trial balloon proposal might be attractive to House conservatives, also known as the best hope for imposing any kind of spending discipline in Washington. If this is the best they think they can do, then it means momentum inside Congress for defunding ObamaCare is dead.

If that’s true, let’s hope they can get a full and complete delay. Otherwise, capitulating on those terms will lead to more spending, more debt and more regulations. Not exactly a win for conservativsm.

No, I don’t mean news of yet another delay in the controversial health law’s implementation – this time a Reuters report that the Health and Human Services department is pushing back by two weeks its timetable for finalizing deals with health insurance companies.

I mean today’s announcement that former President Bill Clinton is being tasked with explaining what’s so great about ObamaCare to the country. Clinton’s speech next week is being billed as the first of several high-profile speeches designed to sell the law to the 54 percent of Americans who don’t like it.

To be sure, if anybody in politics can make this train wreck look good, it’s Bill Clinton. But why would President Obama wait till now, after three-and-a-half years of public relations futility, to bring in his party’s best spokesman?

Simple: With just over a month to go before ObamaCare’s enrollment begins the president and his administration are in full-blown panic mode. Nothing is on schedule. Their multi-million dollar ad campaign may not attract enough people to enroll. And, oh yeah, we’re about to intervene in Syria’s civil war.

If Clinton gets any traction with his speeches it will be of limited value because so much of the public’s mind has been made up in the years since the law was passed. Prior to that, who knows? As a matter of Politics 101, failing to use such a successful political spokesman strikes me as a huge wasted opportunity. Of all the delays with ObamaCare, putting off Clinton’s rhetorical talents may be the most fatal to the law because – perhaps – they could have done so much to keep it alive.

House Speaker John Boehner (R-OH) is using a populist line of attack to show how delaying ObamaCare’s employer mandate will harm individuals and families that don’t get an exemption, according to Politico.

“If you’re a software company making billions in profits, you’re exempt from Obamacare next year,” he said. “But if you’re a 28-year-old struggling to pay off your student loans, you’re not.”

“If you’re a big bank or financial company, you don’t have to comply with Obamcare,” Boehner added. “But if you’re a single parent trying to make ends meet, there’s no exemption for you.”

To level the playing field, Boehner is scheduling back-to-back floor votes in the House next week to delay both the employer and the individual mandate. The move would pose a dilemma for Democrats looking to support President Barack Obama’s policy, but unable to justify exempting businesses but not families and individuals too.

This strikes me as a good strategy. It’s past time for Democrats to own ObamaCare and all its flaws.