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General Discussion => Post-FIRE => Topic started by: Exflyboy on March 04, 2015, 10:01:42 PM

Title: Supreme Court challenge to the ACA
Post by: Exflyboy on March 04, 2015, 10:01:42 PM
Anyone have any thoughts about this?

I was of course pleased to see the court didn't gut the ACA subsidies outright, but it looks like they will make a final ruling in June.

I guess it would be interesting if subsidies suddenly became unavailable but low income folks were suddenly responsible for an extra $681 a month in HC premiums.

Thoughts?
Title: Re: Supreme Court challenge to the ACA
Post by: sol on March 04, 2015, 10:09:48 PM
My understanding is that the worst case scenario would only gut subsidies for people who live in states that didn't set up their own exchange (most Republican governors who did so to protest the Presidency).

I think I'm fine with that outcome.  If your state government doesn't want you to have subsidized health insurance, you can either pay full price or move to a better state.  It's not like you'd be exempt from the requirement to have insurance, you'd just be denied the reduced price.

We're already heading towards two distinct Americas.  This would just be one more step in that direction, and I think it will be pretty clear in a few decades which one will have become more prosperous.  I won't even attempt to predict which one it is, I'm just saying that over time some sort of pattern will emerge that reflects the outcome of these decisions.
Title: Re: Supreme Court challenge to the ACA
Post by: Exflyboy on March 04, 2015, 10:54:56 PM
Two Americas.. yes I really must dust off the Gulfstream V to make my escape to my tropical island when the 99% revolt.. Oh wait.. I'm not in THAT America..:)
Title: Re: Supreme Court challenge to the ACA
Post by: Monkey Uncle on March 05, 2015, 04:27:08 AM
I'm definitely rooting for the ACA to pull through on this one.  If the subsidies are struck down, my ER will have to wait at least until DW is eligible for Medicare.
Title: Re: Supreme Court challenge to the ACA
Post by: UnleashHell on March 05, 2015, 05:08:56 AM
its pretty clear that the intent was that the subsidies were intended for everyone. However the supreme court doesn't need to rule on that. it can rule that the wording is unclear. I understand the challenge - but this isn't about people and how they are affected - its all about politics. I don't even mind the politics but for the ACA its just no, no, no from the republicans. Challenge away as to how this thing works - but in the meantime how about some solutions or alternatives as well.
They have nothing - its all well and good to spout off about affordable insurance but they aren't actually doing anything to make this happen. Its all about destructive politics and most of the party would rather see the act fail than actually do anything about any sensible healthcare policy. The healthcare costs are out of control and something positive has to be done - just destroying whats in places because you have called it obamacare is failing the people they represent.

"four legs good, two legs bad" is what I'm reminded of here. which of course will change to four legs good, two legs better when it suits them.

Title: Re: Supreme Court challenge to the ACA
Post by: Norioch on March 05, 2015, 05:11:37 AM
It's not like you'd be exempt from the requirement to have insurance, you'd just be denied the reduced price.

This isn't correct. If the plaintiffs win, then nobody in states with federal exchanges would be required to pay the penalty for not having insurance. Ostensibly, this is the reason why the plaintiffs sued to begin with - they didn't want to buy insurance even with the subsidies, and they didn't want to pay the penalties either. It's disingenuous because all four of the plaintiffs were already exempt from the penalties for various reasons - the conspicuously under addressed issue of standing - yet, here we are.
Title: Re: Supreme Court challenge to the ACA
Post by: brooklynguy on March 05, 2015, 05:15:58 AM
My understanding is that the worst case scenario would only gut subsidies for people who live in states that didn't set up their own exchange (most Republican governors who did so to protest the Presidency).

The Supreme Court case imperils the continued viability of the ACA for all Americans, as discussed in this thread (http://forum.mrmoneymustache.com/off-topic/supreme-court-to-opine-on-obamacare-tax-credit/) (which has become the central clearing house for discussion on this topic in the forum and, through a rare moderator misstep, has been buried in the Off Topic subforum).
Title: Re: Supreme Court challenge to the ACA
Post by: CaveDweller on March 05, 2015, 06:08:01 AM

My understanding is that the worst case scenario would only gut subsidies for people who live in states that didn't set up their own exchange (most Republican governors who did so to protest the Presidency).

34 out of 50 states use federal exchanges - that's most of the country, and a pretty horrible 'worst case scenario.' Also when states made the decision whether or not to set up their own exchanges, they did so thinking that there wouldn't be any downside to using the federal exchange. Otherwise they might have made a different decision.

Also, most people affected actually WOULD become exempt from the mandate, because without the subsidy it would become 'unaffordable' (if insurance costs more than 9.5% of your income, you don't have to buy or pay any penalty). Hence fewer healthy people would choose to buy insurance, the insured pool would be made up of much sicker people, hospitals would go back to treating a lot more uninsured people and eating the cost, and rates would go up for everyone.

Unfortunately people who say the entire law would unravel if the Court sides with the plaintiffs are not exaggerating.
Title: Re: Supreme Court challenge to the ACA
Post by: seattlecyclone on March 05, 2015, 08:54:16 AM
It's not like you'd be exempt from the requirement to have insurance, you'd just be denied the reduced price.

This isn't correct. If the plaintiffs win, then nobody in states with federal exchanges would be required to pay the penalty for not having insurance.

This isn't quite correct either. The penalty will still apply to people who have access to a plan that costs less than 8% of their income. Currently the lowest-priced plan in my area for a 40-year-old married couple costs $387.68/month, meaning 40-year-old couples earning more than $58k would still have to pay a penalty. The limit would be less for younger people ($45k for a 25-year-old couple) and more for older people ($120k for a 60-year-old couple), but the penalty would still apply to quite a lot of people in a country with median household income of $52k.

At least it would apply for a while. It's reasonable to assume that an "adverse selection death spiral" could occur when lower-income healthy people drop out of the insurance system, raising premiums for the remaining customers and causing more healthy people to quit buying insurance. This death spiral would presumably happen slower than if everyone was exempt from penalties all at once, but it would still likely happen.


My understanding is that the worst case scenario would only gut subsidies for people who live in states that didn't set up their own exchange (most Republican governors who did so to protest the Presidency).

34 out of 50 states use federal exchanges - that's most of the country, and a pretty horrible 'worst case scenario.' Also when states made the decision whether or not to set up their own exchanges, they did so thinking that there wouldn't be any downside to using the federal exchange. Otherwise they might have made a different decision.

If the Supreme Court sides with the plaintiffs, nothing is stopping these states from establishing their own exchanges, aside from continued Republican obstructionism. And if the citizens of these states allow their Republican state representatives to keep their jobs after their inaction costs their constituents a valuable federal tax credit that costs the state government nothing, I'd say the people of these states are getting the government they deserve. I won't shed too many tears for them if that happens.

Meanwhile, the ACA isn't going anywhere. As strongly as the Republicans oppose it, the Democrats aren't willing to repeal it. As long as Democrats retain the presidency or filibuster power in the Senate, the law stays.
Title: Re: Supreme Court challenge to the ACA
Post by: retired? on March 05, 2015, 10:09:21 AM
My understanding is that the worst case scenario would only gut subsidies for people who live in states that didn't set up their own exchange (most Republican governors who did so to protest the Presidency).

I think I'm fine with that outcome.  If your state government doesn't want you to have subsidized health insurance, you can either pay full price or move to a better state.  It's not like you'd be exempt from the requirement to have insurance, you'd just be denied the reduced price.

We're already heading towards two distinct Americas.  This would just be one more step in that direction, and I think it will be pretty clear in a few decades which one will have become more prosperous.  I won't even attempt to predict which one it is, I'm just saying that over time some sort of pattern will emerge that reflects the outcome of these decisions.

"better" is in the eye of the beholder.  Here is a map from the Washington Post around the time states had to declare whether they would set up their own exchange or not.  It would be interesting to compare this to the the general fiscal responsibility of each state....e.g. Illinois and CA get a fail.

http://www.washingtonpost.com/blogs/wonkblog/wp/2013/02/18/its-official-the-feds-will-run-most-obamacare-exchanges/

But, to the OP's question, I am a little torn on this.  I will benefit, but I think it is a poor law.  I think govt is inefficient.  Along the lines of all the talk about Iran/Israel the same saying applies "No deal is better than a bad deal".  I wouldn't be surprised of Roberts pusses out again and cannot judge the law as written. 

If you want to look at which states are currently more prosperous, it is those that are pro business and anti-regulation.  But, you are right I think.  In a few decades we'll see which states are "right".  I can just imagine people moving from states that are producing more jobs to states that are not, but which have exchanges.

Title: Re: Supreme Court challenge to the ACA
Post by: Tyler on March 05, 2015, 10:20:50 AM
The subsidies may well get struck down, but the old system will not magically return.  Grossly unaffordable healthcare will be far too politically radioactive on both sides, and something will get done to fix it. My prediction is that Congress will agree to extend subsidies through the end of the year while they negotiate a long-term reform. The rhetoric will be at full blast, but both sides will eventually compromise before the election year.

In any case, most articles I've read about the Supreme Court oral arguments yesterday (even from conservative blogs) predict, based on reading the tea leaves of the justices, that the subsidies will ultimately be upheld.

For prospective early retirees, I believe the important lesson here is to count on laws you may depend on today to change several times during your lifetime. Don't get pissed or discouraged, and don't plan a retirement that depends on a very narrow set of circumstances to be viable. Be like water, my friend.

Title: Re: Supreme Court challenge to the ACA
Post by: brooklynguy on March 05, 2015, 10:30:15 AM
If the Supreme Court sides with the plaintiffs, nothing is stopping these states from establishing their own exchanges, aside from continued Republican obstructionism. And if the citizens of these states allow their Republican state representatives to keep their jobs after their inaction costs their constituents a valuable federal tax credit that costs the state government nothing, I'd say the people of these states are getting the government they deserve. I won't shed too many tears for them if that happens.

Meanwhile, the ACA isn't going anywhere. As strongly as the Republicans oppose it, the Democrats aren't willing to repeal it. As long as Democrats retain the presidency or filibuster power in the Senate, the law stays.

If the insurance markets in a majority of the states collapse in an adverse-selection death spiral, that would disrupt insurance markets nationwide.  Even though each state represents a separate market with a distinct risk pool, most insurance companies operate across state lines.  A relatively sudden drop-out of a significant number of states from the ACA framework would destroy the underlying financial models used by the insurance companies coming into this.  In addition, the financial modeling that underpins the ACA itself assumed nationwide participation; the cost of the subsidies was intended to be sustainable, among other reasons, partly due to revenue from the individual mandate penalty (which would no longer be collected as projected in states without their own exchanges) and partly due to the effect on health care costs that would be caused by near-universal nationwide coverage (which would no longer be the case).  Also, the unavailability of subsidies in states that fail to establish their own exchanges could lead to an adverse selection problem for states that do have their own exchanges if less healthy people begin fleeing to those states en masse, but I won't speculate as to how likely that is to actually happen.  But I do think it is unrealistic to believe that the implosion of the ACA in a majority of the states would leave the remainder of the country wholly unaffected.
Title: Re: Supreme Court challenge to the ACA
Post by: retired? on March 05, 2015, 10:44:05 AM
its pretty clear that the intent was that the subsidies were intended for everyone. However the supreme court doesn't need to rule on that. it can rule that the wording is unclear. I understand the challenge - but this isn't about people and how they are affected - its all about politics. I don't even mind the politics but for the ACA its just no, no, no from the republicans. Challenge away as to how this thing works - but in the meantime how about some solutions or alternatives as well.
They have nothing - its all well and good to spout off about affordable insurance but they aren't actually doing anything to make this happen. Its all about destructive politics and most of the party would rather see the act fail than actually do anything about any sensible healthcare policy. The healthcare costs are out of control and something positive has to be done - just destroying whats in places because you have called it obamacare is failing the people they represent.

"four legs good, two legs bad" is what I'm reminded of here. which of course will change to four legs good, two legs better when it suits them.

Paul Ryan has a plan.  You have to recall - no alternative to ACA would go through prior to Nov 2014.  But, again, a bad plan isn't better than no plan.....the common refrain that "obamacare is better than doing nothing". 

We have to pass it first so we can see what's in it.

It will go bankrupt (not that there are funds) like SS and be eroded or covered by inflation.  Let's print money to make the peasants happy.
Title: Re: Supreme Court challenge to the ACA
Post by: MoneyCat on March 05, 2015, 10:54:40 AM
If the ACA subsidies are struck down for states with federal exchanges, then my state will immediately start a state exchange.  The only reason we don't have one now is because we have a Republican governor with delusions that he is going to be US President and he's trying to appeal to ultraconservatives.  If the subsidies are struck down, he will be forced to start a state exchange or he will face a revolt from both parties in the state legislature.
Title: Re: Supreme Court challenge to the ACA
Post by: Exflyboy on March 05, 2015, 12:29:04 PM
Well fingers crossed that the subsidies stay.

We could always got back to our native UK with very well run nationalised HC system.

Would rather not do that for other reasons but at least its an option, as is moving to another low HC cost country.
Title: Re: Supreme Court challenge to the ACA
Post by: dragoncar on March 05, 2015, 02:57:28 PM

We're already heading towards two distinct Americas.  This would just be one more step in that direction, and I think it will be pretty clear in a few decades which one will have become more prosperous.  I won't even attempt to predict which one it is, I'm just saying that over time some sort of pattern will emerge that reflects the outcome of these decisions.

Hasn't this already happened?  Isn't the pattern clear?
Title: Re: Supreme Court challenge to the ACA
Post by: sol on March 05, 2015, 04:01:03 PM

We're already heading towards two distinct Americas.  This would just be one more step in that direction, and I think it will be pretty clear in a few decades which one will have become more prosperous.  I won't even attempt to predict which one it is, I'm just saying that over time some sort of pattern will emerge that reflects the outcome of these decisions.

Hasn't this already happened?  Isn't the pattern clear?

Wrt subsidized universal healthcare availability, I don't think one year is long enough to see any significant results.
Title: Re: Supreme Court challenge to the ACA
Post by: retired? on March 05, 2015, 04:43:52 PM
The subsidies may well get struck down, but the old system will not magically return.  Grossly unaffordable healthcare will be far too politically radioactive on both sides, and something will get done to fix it. My prediction is that Congress will agree to extend subsidies through the end of the year while they negotiate a long-term reform. The rhetoric will be at full blast, but both sides will eventually compromise before the election year.

For prospective early retirees, I believe the important lesson here is to count on laws you may depend on today to change several times during your lifetime. Don't get pissed or discouraged, and don't plan a retirement that depends on a very narrow set of circumstances to be viable. Be like water, my friend.

They certainly won't disappear mid-year.  At "worst", they'd disappear at the end of a calendar year.

RE bold part - it seems much of the guidance on healthcare on MMM posts is simply 'hey, we now have subsidies'.  Saw lots of 'hey, now I can retire'.

You are also right that it simply won't revert to the old system.  I prefer the SC judges to enforce it as written (i.e. not legislate from the bench) and force Congress to write a clear law (not a 'gotta pass it to know what is in it').
Title: Re: Supreme Court challenge to the ACA
Post by: MrMoogle on March 05, 2015, 05:14:16 PM
But, to the OP's question, I am a little torn on this.  I will benefit, but I think it is a poor law.  I think govt is inefficient.  Along the lines of all the talk about Iran/Israel the same saying applies "No deal is better than a bad deal".  I wouldn't be surprised of Roberts pusses out again and cannot judge the law as written. 

I too will benefit.  With the subsidies, I may get to RE a year or two earlier.  But someone retiring at 33 isn't what the subsidies are designed for.

I disagree with the law, I don't think I need as much coverage as they're requiring, if I got some low-cost catastrophic plan, that would be fine with me.  And yes, I think government is stepping in where they don't have any need to, but that is out of my control.  But since it is now required, I will use the system to get as much of a subsidy that I can. 

Luckily I'm waiting a couple more years to RE, so some of this can get a little more hammered out.
Title: Re: Supreme Court challenge to the ACA
Post by: brooklynguy on March 05, 2015, 09:20:49 PM
But someone retiring at 33 isn't what the subsidies are designed for.

Yes it is.  You could almost say that is exactly what the subsidies are designed for.  They are designed to make health insurance more affordable for people who lack employer-sponsored coverage and who satisfy the specified income thresholds and limitations.  They are designed to partially untether the availability of health insurance from the possession of employment, artificially knotted together in the United States only by reason of historical accident in the way the labor markets and insurance industries co-evolved in this country.  They are designed to give American workers the freedom to leave their jobs without fear of losing access to affordable health care, whether they do so in order to pursue other gainful employment or, as in our case, extremely early retirement (and, in the process, open up a job opportunity for another individual who would love to take it).
Title: Re: Supreme Court challenge to the ACA
Post by: retired? on March 05, 2015, 09:22:04 PM
But, to the OP's question, I am a little torn on this.  I will benefit, but I think it is a poor law.  I think govt is inefficient.  Along the lines of all the talk about Iran/Israel the same saying applies "No deal is better than a bad deal".  I wouldn't be surprised of Roberts pusses out again and cannot judge the law as written. 

I too will benefit.  With the subsidies, I may get to RE a year or two earlier.  But someone retiring at 33 isn't what the subsidies are designed for.

I disagree with the law, I don't think I need as much coverage as they're requiring, if I got some low-cost catastrophic plan, that would be fine with me.  And yes, I think government is stepping in where they don't have any need to, but that is out of my control.  But since it is now required, I will use the system to get as much of a subsidy that I can. 

Luckily I'm waiting a couple more years to RE, so some of this can get a little more hammered out.

As you should.  The govt is horrible at foreseeing unintended consequences.  Congress really, to a large extent, is a bunch of idiots.  Rather to be more precise, probably somewhat intelligent people, but entirely uneducated in economics or logic.  They study things like public policy, international law, etc.

For the most part, they do not know how to think critically.
Title: Re: Supreme Court challenge to the ACA
Post by: retired? on March 05, 2015, 09:28:53 PM
But someone retiring at 33 isn't what the subsidies are designed for.

Yes it is.  You could almost say that is exactly what the subsidies are designed for.  They are designed to make health insurance more affordable for people who lack employer-sponsored coverage and who satisfy the specified income thresholds and limitations.  They are designed to partially untether the availability of health insurance from the possession of employment, artificially knotted together in the United States only by reason of historical accident in the way the labor markets and insurance industries co-evolved in this country.  They are designed to give American workers the freedom to leave their jobs without fear of losing access to affordable health care, whether they do so in order to pursue other gainful employment or, as in our case, extremely early retirement (and, in the process, open up a job opportunity for another individual who would love to take it).

You are missing the point.  Yes, separating healthcare from employment is a key aspect(and a good goal), but I don't expect any member of Congress or the general public thinks the subsidies should go to people at 33 who can afford to not work.  Or 45, or 55, etc.  As written, an multi-millionaire living off assets can claim the subsidies.  I advocate playing by the rules, but I am 100% certain no one aimed to subsidize millionaires....which, for the most part, by definition, includes RE people.  Just another example of govt not anticipating the consequences of policy. 

Have to pass it so we can see what it says.

side note - it was the govt in the early 60s that made healthcare premiums deductible (i.e. taxes are paid on income net of healthcare premiums) and tied it to employment.  Now, trying to undo what they had done.
Title: Re: Supreme Court challenge to the ACA
Post by: Exflyboy on March 05, 2015, 10:09:51 PM
I would just like to state that I have every intention of managing my income to obtain the maximum possible subsidy.. If they are stupid enough to write it that way then I don't feel too bad at clawing back some of the subsidies I have been paying for.. like for my waste space in laws who's first thought every day is how to screw the tax payer so they don't have to work.

Somehow long term I doubt the ACA will exist so we can game the system this way.. Then I see living overseas as a real option.
Title: Re: Supreme Court challenge to the ACA
Post by: brooklynguy on March 06, 2015, 06:36:57 AM
Just another example of govt not anticipating the consequences of policy. 

That's why I said "almost," but I now take back the almost.  Subsidizing millionaires who meet the income test is not an unforeseen consequence of the law.  It is a consequence that was recognized and accepted when the legislature decided to adopt a straight income-based test instead of a form of means-testing with an asset-based component (a decision that was fully intentional).  And before you bemoan the absurdity (or stupidity, to use Exflyboy's words) of that result, consider that the various tax policies promoting leisure over labor that we in the early retiree community exploit (such as the 0% federal tax rate on LTCG and QD) actually treat passive income more favorably than earned income.  At least the ACA looks at all income equally instead of giving income received from your million-dollar nest egg better treatment than income earned from actual labor.  And even though I personally oppose our regressive tax system that has the effect of benefiting rich people like us and assisting our own early retirement plans, I, like you, do not intend to reject any of those benefits for which I legally qualify for as long as that system remains in place.
Title: Re: Supreme Court challenge to the ACA
Post by: Tyler on March 06, 2015, 11:22:55 AM
Like the ACA, Medicare is also means tested by income but not by wealth. The reason is quite logical -- discouraging retirement savings is very bad public policy. I personally see no reason why ACA coverage should be any different. 

My advice to those who feel strongly about it is to claim the absolute maximum in subsidies to which you are legally entitled and to donate them to charity. That will also allow you to deduct the donation from your taxes.
Title: Re: Supreme Court challenge to the ACA
Post by: Doulos on March 11, 2015, 04:51:37 PM
I do not understand.
The government paying for some people's premium is not lowering costs.
It is only moving the costs from some % of the people to everyone's tax dollars.

If anything needs to be done it is attempts to fix the actual costs. 
   Just to make up ideas that is probably bad;
   -  Ensure that all health care costs (estimates) are provided to customers by providers up front. 
   -  Enforce non-monopoly rules upon emergency services like ambulances and hospitals. 

Point is, this is about making tax payers paying for other people's bills.  It has nothing to do with lowering the actual costs of the health care.
Title: Re: Supreme Court challenge to the ACA
Post by: Tyler on March 11, 2015, 06:26:50 PM
I think you meant Medicaid - health insurance for poor people - and not Medicare, which is for old people and isn't means tested at all.

I meant Medicare.  Since 2007, Medicare Part B (outpatient care) and Part D (prescription drugs) are means tested by income.

http://jaredbernsteinblog.com/medicare-is-means-tested/
Title: Re: Supreme Court challenge to the ACA
Post by: Eric on March 11, 2015, 06:38:30 PM
The Supreme Court case imperils the continued viability of the ACA for all Americans, as discussed in this thread (http://forum.mrmoneymustache.com/off-topic/supreme-court-to-opine-on-obamacare-tax-credit/) (which has become the central clearing house for discussion on this topic in the forum and, through a rare moderator misstep, has been buried in the Off Topic subforum).

Hear Hear!
Title: Re: Supreme Court challenge to the ACA
Post by: Eric on March 11, 2015, 06:54:44 PM
But, to the OP's question, I am a little torn on this.  I will benefit, but I think it is a poor law.  I think govt is inefficient.  Along the lines of all the talk about Iran/Israel the same saying applies "No deal is better than a bad deal".  I wouldn't be surprised of Roberts pusses out again and cannot judge the law as written. 

I too will benefit.  With the subsidies, I may get to RE a year or two earlier.  But someone retiring at 33 isn't what the subsidies are designed for.

I disagree with the law, I don't think I need as much coverage as they're requiring, if I got some low-cost catastrophic plan, that would be fine with me.  And yes, I think government is stepping in where they don't have any need to, but that is out of my control.  But since it is now required, I will use the system to get as much of a subsidy that I can. 

Luckily I'm waiting a couple more years to RE, so some of this can get a little more hammered out.

As you should.  The govt is horrible at foreseeing unintended consequences.  Congress really, to a large extent, is a bunch of idiots.  Rather to be more precise, probably somewhat intelligent people, but entirely uneducated in economics or logic.  They study things like public policy, international law, etc.

For the most part, they do not know how to think critically.

It's not like you can just write a perfect law and submit it for vote.  The opposing party has to get their concessions, which work to distort the final effects of any law.  No matter how much economics or logic you study, or how smart you are, it's nearly impossible to write good policy when it's essentially pre-determined that you will have to change at least parts of said policy to get it to pass simply for political reasons.  You could write the best law in the history of the world and the opposing party would find fault with it every time.  This is the current state of our contentious political discourse.

Case in point, there's a current bill to help human trafficking victims that should be a slam dunk, but the Republicans are worried that some underaged sex slaves may end up with abortions so they added language to stop that from happening and now the Democrats are threatening to block it.  When we can't even get a goddamn bill on slavery passed because of some ideologs, it's not a stretch to realize that the current state of politics has nothing to do with studying economics.

http://www.usnews.com/news/politics/articles/2015/03/11/reid-strip-abortion-from-trafficking-bill-or-it-fails
Title: Re: Supreme Court challenge to the ACA
Post by: okonumiyaki on March 11, 2015, 10:03:29 PM
I do not understand.
The government paying for some people's premium is not lowering costs.
It is only moving the costs from some % of the people to everyone's tax dollars.

If anything needs to be done it is attempts to fix the actual costs. 
   Just to make up ideas that is probably bad;
   -  Ensure that all health care costs (estimates) are provided to customers by providers up front. 
   -  Enforce non-monopoly rules upon emergency services like ambulances and hospitals. 

Point is, this is about making tax payers paying for other people's bills.  It has nothing to do with lowering the actual costs of the health care.

That's why it is called insurance.  Making everyone pay home insurance is also moving costs from some % of people to everyone, and doesn't reduce the cost of having your house burn down.

Title: Re: Supreme Court challenge to the ACA
Post by: brooklynguy on March 12, 2015, 09:06:34 AM
Point is, this is about making tax payers paying for other people's bills.  It has nothing to do with lowering the actual costs of the health care.

The ACA did implement measures designed to reduce the cost of health care in the US, completely separate from the redistributive tax credit system that makes the insurance coverage more affordable for people receiving the tax credits.  It implemented a series of structural changes intended to cut costs and reduce waste in the health care system--for example, it instituted penalties for hospital readmissions to remove one of the existing financial incentives for performing unnecessary medical procedures.  Economists are debating the extent of the impact these measures have had on reduction of healthcare costs, but there is general consensus that they have had some impact.  Here's one example of an article discussing this effect:

http://www.bloomberg.com/news/articles/2014-09-05/obamacare-effect-linked-to-lower-medical-cost-estimates

When we can't even get a goddamn bill on slavery passed because of some ideologs, it's not a stretch to realize that the current state of politics has nothing to do with studying economics.

Indeed.  It's one thing to disagree with the ACA on the merits, but it is ludicrous to believe that the enormously complex, 900+ page law completing overhauling the United States health care system is simply the product of a bunch of uninformed liberal arts majors dabbling in an area beyond their understanding.
Title: Re: Supreme Court challenge to the ACA
Post by: brooklynguy on March 17, 2015, 02:49:23 PM
The Supreme Court case imperils the continued viability of the ACA for all Americans, as discussed in this thread (http://forum.mrmoneymustache.com/off-topic/supreme-court-to-opine-on-obamacare-tax-credit/) (which has become the central clearing house for discussion on this topic in the forum and, through a rare moderator misstep, has been buried in the Off Topic subforum).

Hear Hear!

Ok, mods, now that the entire forum seems to be under renovation and we have at least one person seconding my motion to reinstate the referenced thread back where it belongs, how about moving it back to a more appropriate home than "Off Topic" in light of this topic's extreme importance to many early retirees and aspiring early retirees?
Title: Re: Supreme Court challenge to the ACA
Post by: waltworks on March 17, 2015, 03:30:24 PM
Just do one of the following:
-Repeal EMTALA and make all medical care completely private. You pay for your services, no subsidies, no nothing.
-Medicare for all/universal healthcare.

I personally think a super rich society should just guarantee health care for everyone, pay up, and reap the benefits of people going and starting cool new businesses and creating awesome stuff because they don't have to worry about their kid getting sick and bankrupting them. But I can see the argument for making everything private and letting market pressures drive down prices.

Problem is, we've got neither of those things. We've got a system where really life threatening emergencies and serious problems are treated for free, but the preventative/basic/ongoing care that might prevent them are not. That's maybe the dumbest way to run things I can imagine and it creates a ton of misery and throws otherwise useful members of society into poverty essentially for being unlucky.

-W

Title: Re: Supreme Court challenge to the ACA
Post by: sol on March 17, 2015, 08:06:52 PM
We've got a system where really life threatening emergencies and serious problems are treated for free, but the preventative/basic/ongoing care that might prevent them are not. That's maybe the dumbest way to run things I can imagine and it creates a ton of misery and throws otherwise useful members of society into poverty essentially for being unlucky.

It's not dumb at all, when viewed from the perspective of the for-profit healthcare industry.  Capitalism demands profit margins, and wealthy industries lobby to protect their markets.  In America, medical care is literally a profit-driven business with a powerful lobby, which has effectively asked for and been granted the system you describe above, which helps ensure their future profitability.

It's no different for any other major sector of the economy.  America is a business more than it is a philosophy.  Politicians come and go, but our plutocracy reigns supreme.
Title: Re: Supreme Court challenge to the ACA
Post by: RootofGood on March 18, 2015, 06:42:27 PM
Just do one of the following:
-Repeal EMTALA and make all medical care completely private. You pay for your services, no subsidies, no nothing.
-Medicare for all/universal healthcare.

I'm with you there. 

We need to put on our philosophical big boy pants and say we're comfortable letting people die a screaming, writhing death on the hospital doorsteps if they can't provide proof of ability to pay (insurance, adequate assets, cosigner, underwriter, surety, etc).  Or accept that these costs will be born by society and figure out a way to pay for it (and prevent it to the extent possible). 

I'll take your first bullet point a step farther and suggest repealing the megabillion dollar tax break on employer provided health insurance and get rid of government employer provided health insurance.  Get government out of the health insurance biz.  All the way.

Or, come up with some workable healthcare for all. 
Title: Re: Supreme Court challenge to the ACA
Post by: planner10 on March 25, 2015, 08:37:26 AM
I do not understand.
The government paying for some people's premium is not lowering costs.
It is only moving the costs from some % of the people to everyone's tax dollars.

If anything needs to be done it is attempts to fix the actual costs. 
   Just to make up ideas that is probably bad;
   -  Ensure that all health care costs (estimates) are provided to customers by providers up front. 
   -  Enforce non-monopoly rules upon emergency services like ambulances and hospitals. 

Point is, this is about making tax payers paying for other people's bills.  It has nothing to do with lowering the actual costs of the health care.

That's why it is called insurance.  Making everyone pay home insurance is also moving costs from some % of people to everyone, and doesn't reduce the cost of having your house burn down.

Yes but home insurance is not paid by the government with your taxes. 
Home insurance is voluntary (if you own your home), and required by banks who put up a large stake of money against your home as an asset. 
If the ACA was not bank rolled by people's taxes then we wouldn't be having this argument.

Having something run or funded by the government is the least efficient and least effective way of solving a problem.

Title: Re: Supreme Court challenge to the ACA
Post by: sol on March 25, 2015, 08:41:00 AM
Having something run or funded by the government is the least efficient and least effective way of solving a problem.

That must be why we entrust our national defense to private militias?
Title: Re: Supreme Court challenge to the ACA
Post by: waltworks on March 25, 2015, 08:48:19 AM
Don't forget the interstate tollway system. Or the Angie's List food safety experts. Or all those ham radio kids who do air traffic control in exchange for tips!

-W

Having something run or funded by the government is the least efficient and least effective way of solving a problem.

That must be why we entrust our national defense to private militias?
Title: Re: Supreme Court challenge to the ACA
Post by: Exflyboy on March 25, 2015, 08:56:35 AM
Actually I believe the most cost effective way we buy medical care in this country is the Medicare program.. Government run.

Just about every other HC system in the modern World costs costs close to half what the USA pays (on a GDP basis).. Most of those are Government run, and very high quality care despite what the scare mongering press will tell you.

I agree the ACA is not so much about lowering the total cost of care (although the data seems to imply that it is beginning to work in this regard).. Its about insuring the 50M uninsured in the US.

So if this basically come down to "we can't trust the Government".. What is wrong with our government compared to Governments overseas?

I would suggest our Government is in the pockets of the corporations who have no interest in seeing costs come down.

Apart from that, which is really somewhat off topic.. the question is will the ACA be there as a tool that enables us to retire early, whether you agree with it or not.
Title: Re: Supreme Court challenge to the ACA
Post by: DavidAnnArbor on March 25, 2015, 09:42:19 PM
The ACA provides funding to research whether medical procedures are effective and safe. The ACA is comparing different regions of the country to determine why some hospitals charge five times more for the same procedures than hospitals in other regions. Government plays a vital role in the health and well-being of our society. Social security, Medicare, Medicaid are lifelines to many people, and the government provides these programs extremely efficiently. Compared to the overhead that health insurance companies incur to provide health insurance (after all the CEO of United Health Care needs four Mercedes, not just three) I'd say government is a great bargain.
Title: Re: Supreme Court challenge to the ACA
Post by: sol on March 25, 2015, 11:11:47 PM
Social security, Medicare, Medicaid are lifelines to many people, and the government provides these programs extremely efficiently.

Nonsense!  Healthcare is obviously best when it is 100% privately run. 

Unless you're a veteran.  Or senior citizen.  Or disabled.  Or a child, or poor.  In those cases socialized healthcare is fine.

But between the ages of 18 and 62 for healthy people outside of the military, socialized healthcare is clearly the devil's work.
Title: Re: Supreme Court challenge to the ACA
Post by: Exflyboy on March 26, 2015, 09:48:37 PM
Social security, Medicare, Medicaid are lifelines to many people, and the government provides these programs extremely efficiently.

Nonsense!  Healthcare is obviously best when it is 100% privately run. 

Unless you're a veteran.  Or senior citizen.  Or disabled.  Or a child, or poor.  In those cases socialized healthcare is fine.

But between the ages of 18 and 62 for healthy people outside of the military, socialized healthcare is clearly the devil's work.

Of course.. the UK, Sweden, Germany,Japan, Taiwan and several others provide HC for its citizens at half the cost using Government run systems.. According to Newt Gingrich (so it MUST be true) "they have death panels over there!"... Pure concentrated evil!

Gee, Newt, considering I doubt you know where the UK is, let alone ever lived there, your word must be gospel.. I called up my Dad who is still back in the UK and told him to emigrate immediately.. he sees a cardiologist every month for free.. Surely his "Death panel" appointment must be coming up soon!

Wit a minute.. Not American = the Devil's work.. wow, glad I have been enlightened.

Title: Re: Supreme Court challenge to the ACA
Post by: brooklynguy on March 27, 2015, 08:21:51 AM
Wit a minute.. Not American = the Devil's work.. wow, glad I have been enlightened.

Exflyboy, either you or I (or both of us) must have a broken sarcasm detector.

Mine is working well enough to tell me that you and sol are in agreement that the government indeed possesses the ability to efficiently run healthcare programs, but not well enough to tell me whether or not you recognize that you are in agreement.
Title: Re: Supreme Court challenge to the ACA
Post by: Blonde Lawyer on March 27, 2015, 08:46:10 AM
Two thoughts:

1.) For those that oppose the ACA, do you oppose the mandate that health insurers insure people with pre-existing conditions?  For me personally, that was the biggest win of the law. I have Crohn's disease so my only options are (a) work for large employer that has group health care and pray I don't get sick enough to lose my job or (b) marry someone that works for a large employer that has group health care and pray I don't get divorced.  I chose B during law school, A for awhile post law school and now I'm back to B. 

I just think it is absurd that we had a system where you could get sick, then lose your insurance, then get sicker, and not be able to get back to work.  There are many people with medical conditions through no fault of their own.  It isn't all alcoholics with liver disease and diabetics that "eat too much junk" (lines I frequently hear.)  I also understand that insurance companies will lose a ton of money if they are forced to insure those with chronic conditions.  What's the solution then?  Someone actually once told me - Darwinism, let them die off.

2.) EMTALA.  Emtala has a lot of problems.  It is certainly abused.  However, we absolutely need some kind of law in place that you can get emergency medical care without proving your ability to pay.  How many of you run and bike with your insurance card in your pocket? You get hit by a car and show up at the ER in a coma.  They don't know if you are insured or if you have assets? Do you want them to treat you?

Those that want EMTALA repealed just want people to stop using the ER for primary care.  The law is already written in that way.  The ER's are just afraid of being sued though and will very rarely turn someone away.  If you show up at an ER with something that is not actually defined as an emergency, they don't have to treat you.  The solution would be for ER's to do a better job of screening out what is and isn't an EMTALA emergency.

The non-EMTALA cases should be referred to FQHC community health centers.  These centers receive a higher medicaid reimbursement to help compensate for the number of uninsureds they see.  Where other facilities lose money on medicaid patients, FQHC's are sustainable treating medicaid patients.  Almost every community has one.
Title: Re: Supreme Court challenge to the ACA
Post by: Exflyboy on March 27, 2015, 08:56:03 AM
Haha.. Well I'm English and the HC system "Over there" is very well run indeed. Is it perfect? of course not! Do Brits complain about it?.. yes they do, buts its very easy to complain about something when you have never had to pay for it out of pocket.

So either the UK Government (along with dozens of other governments) has super powers far in excess of the USA's or.. the Tea Party view of government is more about proselytising a belief system based on fear mongering and complete nonsense.

I.e big government = socialism= evil=Dad is about to be knocked off at any minute!

Bottom line yes I am in full agreement that the Government should run the healthcare system in the USA.. In fact it is such a vast market the discounts the Government could negotiate would in theory be very impressive.
Title: Re: Supreme Court challenge to the ACA
Post by: brooklynguy on March 27, 2015, 09:08:01 AM
Yep, I got that message from your original post.  My only point was that sol's post about socialized healthcare equaling the devil's work to which you were responding was itself sarcastic (meaning that your sarcastic response was in agreement with sol), and I wasn't sure whether or not you were aware of that (and I'm still not sure...)

Damn this medium of communication and its inability to properly transmit sarcasm!
Title: Re: Supreme Court challenge to the ACA
Post by: FIPurpose on March 27, 2015, 09:16:51 AM
There are several problems that the US faces that European countries just don't consider.

The UK may have a well run system for healthcare, but the UK is also roughly 1/5 the population of the US, and the UK has 10x the population density. There are several problems that would have to be addressed concerning how to scale similar operations in Europe, and at the same time deal with a sparse population much like Canada.

If states decided healthcare for themselves, it would be much easier to implement. At a federal level, the simple fact of the matter is that it hasn't been done before at this size to an American quality of life.
Title: Re: Supreme Court challenge to the ACA
Post by: Exflyboy on March 27, 2015, 11:11:27 AM
There are several problems that the US faces that European countries just don't consider.

The UK may have a well run system for healthcare, but the UK is also roughly 1/5 the population of the US, and the UK has 10x the population density. There are several problems that would have to be addressed concerning how to scale similar operations in Europe, and at the same time deal with a sparse population much like Canada.

If states decided healthcare for themselves, it would be much easier to implement. At a federal level, the simple fact of the matter is that it hasn't been done before at this size to an American quality of life.

Great! this is exactly the kind of dialogue we should be having IMHO. I.e what are the differences and what would and would not work here?

The problem I think is we have a whole bunch of yelling and wilingness to look at options. The fact of the matter is that HC costs should not be double most other industrialised nations.. so what can we do to reduce?

Rather than.. We'll all go to Hell if we have socialised medicine! I find it very sad that a large part of the population take this as gospel even though there is not a shred of evidence to support it.
Title: Re: Supreme Court challenge to the ACA
Post by: Exflyboy on March 27, 2015, 11:12:30 AM
Yep, I got that message from your original post.  My only point was that sol's post about socialized healthcare equaling the devil's work to which you were responding was itself sarcastic (meaning that your sarcastic response was in agreement with sol), and I wasn't sure whether or not you were aware of that (and I'm still not sure...)

Damn this medium of communication and its inability to properly transmit sarcasm!

I'm not sarcastic!...;)
Title: Re: Supreme Court challenge to the ACA
Post by: Abe on March 27, 2015, 06:14:10 PM
The UK also has strict controls on admission to intensive care (and thus have much fewer ICU beds per capita). They also strictly control use of expensive medications, especially chemotherapy or antibodies treatments with costs that run into the tens of hundreds of thousands. Those are the two most expensive parts of medical care in the US, and also the least cost effective. In fact, all other developed countries with modern healthcare systems have costs controls of some type in these two aspects.
Title: Re: Supreme Court challenge to the ACA
Post by: sol on March 27, 2015, 06:37:22 PM
the simple fact of the matter is that it hasn't been done before at this size to an American quality of life.

You mean other than in Massachusetts, right?  Because there are several million people in that US state who have had this since 2006 thanks to that forward looking pioneer of health care reform, Mitt Romney.
Title: Re: Supreme Court challenge to the ACA
Post by: FIPurpose on March 28, 2015, 12:34:39 AM
Yes, if you consider Massachusetts to be the same as the entire United States.
Title: Re: Supreme Court challenge to the ACA
Post by: jj20051 on March 28, 2015, 01:28:16 AM
Tiny and unrelated question: If I FIRE and make $20k - $24k from interest per year would I be eligible for subsidies? I'd hope the answer is no...
Title: Re: Supreme Court challenge to the ACA
Post by: seattlecyclone on March 28, 2015, 09:17:54 AM
It depends. Is this interest taxable? If so, then it will count as income for ACA purposes. Pretty much any other taxable income you have will count as well. If this income is between 138% and 400% of the federal poverty level for your family size, then you would be eligible for subsidies.

$20k is about 170% of the federal poverty level for a single person, so you would be eligible for subsidies in that case. $20k is only about 125% of the federal poverty level for a two-person family, so you would be eligible for Medicaid in that case, but not ACA subsidies. The same is true for families larger than two.
Title: Re: Supreme Court challenge to the ACA
Post by: jj20051 on March 28, 2015, 10:24:47 AM
It depends. Is this interest taxable? If so, then it will count as income for ACA purposes. Pretty much any other taxable income you have will count as well. If this income is between 138% and 400% of the federal poverty level for your family size, then you would be eligible for subsidies.

$20k is about 170% of the federal poverty level for a single person, so you would be eligible for subsidies in that case. $20k is only about 125% of the federal poverty level for a two-person family, so you would be eligible for Medicaid in that case, but not ACA subsidies. The same is true for families larger than two.

That's very wrong. So someone with a billion in the bank who only withdraws a small amount of interest can live comfortably and mooch off the system :P
Title: Re: Supreme Court challenge to the ACA
Post by: geekette on March 28, 2015, 11:16:00 AM
True, but how many billionaires do you know who have only poverty level income?

But seriously, it's income (interest and dividends, if nothing else) earned, not withdrawn.  Even so, I think that subsidies should also be phased out for net worth, if the cost of determining that is less than the savings. 
Title: Re: Supreme Court challenge to the ACA
Post by: seattlecyclone on March 28, 2015, 11:20:56 AM
Any billionaire who only earns $20k from their investments in a typical year is doing something terribly wrong.
Title: Re: Supreme Court challenge to the ACA
Post by: rpr on March 28, 2015, 11:39:56 AM

Any billionaire who only earns $20k from their investments in a typical year is doing something terribly wrong.
Not if they have a IRA balance in the hundreds of millions. :)


Sent from my iPad using Tapatalk
Title: Re: Supreme Court challenge to the ACA
Post by: Eric on March 28, 2015, 11:57:43 AM
It depends. Is this interest taxable? If so, then it will count as income for ACA purposes. Pretty much any other taxable income you have will count as well. If this income is between 138% and 400% of the federal poverty level for your family size, then you would be eligible for subsidies.

$20k is about 170% of the federal poverty level for a single person, so you would be eligible for subsidies in that case. $20k is only about 125% of the federal poverty level for a two-person family, so you would be eligible for Medicaid in that case, but not ACA subsidies. The same is true for families larger than two.

That's very wrong. So someone with a billion in the bank who only withdraws a small amount of interest can live comfortably and mooch off the system :P

The chances of that happening are extremely remote.  If the government wanted to prevent all cases like that, then they would've used wealth as the standard instead of income.  But if you think the ACA is a bloated government program now, consider that they'd probably need 10 times the people to handle the wealth calculations.  And the 99.999% of the general public to whom this doesn't apply would each get to spend an extra 10-24 hours filling out paperwork, having it verified, and calculating what their subsidy should be.  (Does the hottub count?  What about the lawn mower?  Only appreciating assets?  What about mobile homes?  etc)

Or instead, they could just use something simple like income, where it's already defined by the IRS and everyone is familiar with.  But like you said, the downside is that one or two billionaires might get a tiny subsidy.  BTW, it's not interest withdrawn, it's interest earned.  So knock that percentage of people "very wrong" down even further.
Title: Re: Supreme Court challenge to the ACA
Post by: seattlecyclone on March 28, 2015, 12:00:37 PM

Any billionaire who only earns $20k from their investments in a typical year is doing something terribly wrong.
Not if they have a IRA balance in the hundreds of millions. :)

That strategy is itself questionable. Sure, you defer taxes on that money for a while, but those RMDs are going to kick in eventually and cause you to owe way more tax than if you left most of that money to grow in a taxable account. IRAs are great for people who plan to withdraw tens of thousands per year. Not so much once the yearly withdrawal is measured in millions.
Title: Re: Supreme Court challenge to the ACA
Post by: DavidAnnArbor on March 28, 2015, 12:34:40 PM
So with this same logic, we should have asset testing for social security and medicare. I don't agree with doing that, because part of making these programs politically popular, is to make them available to all. Those with the lower assets and income will benefit proportionately more from these programs. By the way even if you have 1 - 2 million dollars in assets, which you're living off of, doesn't mean that the subsidies you get are not essential for maintaining a modest lifestyle.
Title: Re: Supreme Court challenge to the ACA
Post by: brooklynguy on March 28, 2015, 12:48:18 PM
That's very wrong. So someone with a billion in the bank who only withdraws a small amount of interest can live comfortably and mooch off the system :P

Funny how no one who thinks Obamacare tax credit recipients are "mooching off the system" seems to feel the same way about people (including wealthy people) with employer-sponsored health insurance, which is also government-subsidized.
Title: Re: Supreme Court challenge to the ACA
Post by: MoneyCat on March 28, 2015, 04:32:25 PM
People who hate the ACA only hate it because it was enacted by Democrats.  If it was enacted by Republicans, they would be crowing about how wonderful it is.
Title: Re: Supreme Court challenge to the ACA
Post by: jj20051 on March 28, 2015, 05:08:23 PM
People who hate the ACA only hate it because it was enacted by Democrats.  If it was enacted by Republicans, they would be crowing about how wonderful it is.

I have ZERO political ties to either side. I think forcing ANYONE to buy anything or pay a fine is ridiculous.

I also think that both sides need to get their heads out of their asses and be much more mustashian. We could have given every citizen in America free healthcare 3 times over for the price of what we're spending on spying on our own people and starting trouble in the world.
Title: Re: Supreme Court challenge to the ACA
Post by: Exflyboy on March 28, 2015, 05:55:34 PM
Well thats exactly right.. The right wing complain how we can't afford HC subsidies, but we give all kinds of tax incentives to corporations and have the biggest military in the World.

Personally I look at the moochers in Oregon who drop babies so they can get more State money so to avoid going to work (including members of my own family). I have spent hundreds of thousands on State taxes supporting their lifestyles.

You better believe I have every intention of getting the maximum ACA subsidy when the Wife retires next year, if the ACA is still in place.
Title: Re: Supreme Court challenge to the ACA
Post by: CaveDweller on March 31, 2015, 07:54:46 AM
People who hate the ACA only hate it because it was enacted by Democrats.  If it was enacted by Republicans, they would be crowing about how wonderful it is.

I have ZERO political ties to either side. I think forcing ANYONE to buy anything or pay a fine is ridiculous.

It's because if you get hit buy a car or have a heart attack then the hospital is FORCED to treat you. It's funny how all the people who think the insurance mandate is outrageous don't seem to have a problem with the mandate to treat (EMTALA). Do you think that treatment comes free?

Personally I wouldn't want to live in a place where people were left to die on the sidewalk outside of an ER because they couldn't pay. Therefore I think the insurance mandate is totally, completely reasonable.
Title: Re: Supreme Court challenge to the ACA
Post by: jj20051 on March 31, 2015, 08:29:29 AM
It's because if you get hit buy a car or have a heart attack then the hospital is FORCED to treat you. It's funny how all the people who think the insurance mandate is outrageous don't seem to have a problem with the mandate to treat (EMTALA). Do you think that treatment comes free?

Personally I wouldn't want to live in a place where people were left to die on the sidewalk outside of an ER because they couldn't pay. Therefore I think the insurance mandate is totally, completely reasonable.

Insurance is only mandatory if you can afford it. If you're in the bottom bracket you aren't forced to get it which is the biggest problem. Either we need to give everyone healthcare so it's fair or we need to leave everyone alone. It's that simple.

Forcing people to buy things is not in the constitution and private industry should not be profiting from government mandate.
Title: Re: Supreme Court challenge to the ACA
Post by: brooklynguy on March 31, 2015, 08:59:07 AM
Forcing people to buy things is not in the constitution

The individual mandate feature of the ACA--which does not force anyone to buy insurance, but may charge a penalty if they don't--has already been upheld as constitutional the first time the ACA was challenged in the Supreme Court.  It might be easier to accept this premise if you substitute the word "tax" for the word "penalty"--the "penalty" is indeed a "tax" (in substance, if not in name), which is what enabled the individual mandate to pass constitutional muster in the eyes of a majority of the members of the Supreme Court.
Title: Re: Supreme Court challenge to the ACA
Post by: sol on March 31, 2015, 09:08:48 AM
Forcing people to buy things is not in the constitution and private industry should not be profiting from government mandate.

1.  Most of our laws are not in the Constitution.  Forcing people to have a driver's license is not in the Constitution.  Social Security and Medicare are not in the Constitution.  Unemployment benefits, all forms of taxation, National Parks, all absent.  Do you really think National Parks are a violation of our freedom because they're not in the Constitution?

Or maybe all of these laws are derived from the authority of the Legislative Branch to, you know, legislate?  Like, make new laws and stuff?

2.  Protecting the profits of private industry (and the economy at large) is the very reason government exists.  Everything the US government does is aimed at the ultimate purpose of helping private corporations make money.  Sometimes it's pretty blatant, like tariffs on imported goods that protect US producers, and sometimes it's more subtle, like widespread public education that teaches kids how to sit down, shut up, and follow directions so that their future corporate overlords will have a ready pool of qualified workers for their businesses.

Hell, we even have a whole government agency solely dedicated to helping new businesses get up and running so they can make money.  If government shouldn't be helping private industry to profit, then I suppose that you oppose all SBA loans?
Title: Re: Supreme Court challenge to the ACA
Post by: seattlecyclone on March 31, 2015, 11:23:29 AM
Or maybe all of these laws are derived from the authority of the Legislative Branch to, you know, legislate?  Like, make new laws and stuff?

I'm sorry, but this is very incorrect. Congress can't just enact laws about whatever it wants. Every law must have some basis in authority explicitly granted to Congress by the Constitution. If it doesn't, the Supreme Court can (and often will) strike it down when challenged. Congress is supposed to represent our interests, true, but they must do so in a way that respects the limitations placed on it by the Constitution. These limitations were put in place deliberately to create a certain calculated balance of power between the federal government, state governments, and individual citizens.

In the case of the individual mandate, you can trace the authority directly back to the 16th Amendment, which granted Congress the authority to enact income-based tax laws. That's what this is: a tax where you owe a certain percentage of your income if you fail to purchase a particular product.

As to the other things you mentioned, sol, these are also based on powers explicitly granted to Congress in the Constitution. Unemployment benefits come from the general welfare clause (in Article I, Section 8 of the Constitution), granting Congress the power to spend money to "provide for...the general welfare of the United States." Social Security and Medicare are also provided for the general welfare, and funded mostly by income-based taxes.

National parks can trace their authority to Article IV, Section 3, which states (in part) "The Congress shall have Power to dispose of and make all needful Rules and Regulations respecting the Territory or other Property belonging to the United States." In essence, Congress has full authority to make whatever rules it wants about land owned by the US government, and it decided to set aside some of it as national parks.

Driver's licenses are actually a great example of something Congress can't do. Congress has no authority to require that people driving on state-owned roads possess a license. These are granted by states according to powers granted by their own constitutions. There is a section of the national constitution requiring that states give "full faith and credit" to licenses granted by other states, which is why you don't have to retake your driver's test and get a new license when you drive to a different state for the first time.
Title: Re: Supreme Court challenge to the ACA
Post by: jj20051 on March 31, 2015, 01:00:06 PM
That's what this is: a tax where you owe a certain percentage of your income if you fail to purchase a particular product.

I as a citizen have no issues with paying taxes. Taxes are there to pay for services provided by the government to its people. The government should not however be telling me I have to go pay for a private product or pay a fine. They could tax me for providing said product which is entirely a different result. It puts the weight on people and does not treat them equally which is why it should be illegal. Alas that's not what the supreme court ruled and it's really quite wrong.

If I asked a 5 year old to either give Jimmy some cookies and get a deck of cards in return or give me some cookies and get nothing in return which do you think that 5 year old is going to choose? How is that a choice?

and yeah I get it... my opinion is whiny pants material. I'm not going to blame the government for my problems though. It's something wrong that should be fixed, but I'm not entitled to have them fix it.
Title: Re: Supreme Court challenge to the ACA
Post by: seattlecyclone on March 31, 2015, 01:09:00 PM
That's what this is: a tax where you owe a certain percentage of your income if you fail to purchase a particular product.

I as a citizen have no issues with paying taxes. Taxes are there to pay for services provided by the government to its people. The government should not however be telling me I have to go pay for a private product or pay a fine. They could tax me for providing said product which is entirely a different result. It puts the weight on people and does not treat them equally which is why it should be illegal. Alas that's not what the supreme court ruled and it's really quite wrong.

If I asked a 5 year old to either give Jimmy some cookies and get a deck of cards in return or give me some cookies and get nothing in return which do you think that 5 year old is going to choose? How is that a choice?

For what it's worth, I agree that taxing people for failing to buy a product from a profit-making enterprise is poor form. I realize the mandate is necessary to make the system function at even an arguably acceptable level, but it still rubs me the wrong way. However the Supreme Court has weighed in and determined that such a tax is constitutional. Please direct your concerns to your Congressman, who will eventually respond with a form letter thanking you for your input and respectfully refusing to do anything about it.
Title: Re: Supreme Court challenge to the ACA
Post by: brooklynguy on March 31, 2015, 01:22:35 PM
For what it's worth, I agree that taxing people for failing to buy a product from a profit-making enterprise is poor form. I realize the mandate is necessary to make the system function at even an arguably acceptable level, but it still rubs me the wrong way.

It may help with your cognitive dissonance to mentally reframe the "tax on people who fail to buy insurance" as a "non-tax on people who do buy insurance," since they are functionally equivalent.

To illustrate (in reverse):  people who buy electric vehicles get a tax credit.  This can be reframed as a tax on everyone who fails to buy an electric vehicle (because those people are not getting the benefit of the tax credit), in which case you could then argue, "hey, that's not fair, the government is taxing me because I'm chosing not to buy an electric vehicle!"
Title: Re: Supreme Court challenge to the ACA
Post by: Cougar on March 31, 2015, 02:05:10 PM

always interesting to me when a community like this full of independent and self-reliable people think allowing for increased govt in something is a good idea.

my long term prediction is the us avg lifespan declines for the first time ever as the cases of worse care, more medical and surgical treatments and limited or denied and a steady undercurrent of no new jobs created.
Title: Re: Supreme Court challenge to the ACA
Post by: brooklynguy on March 31, 2015, 03:43:25 PM
always interesting to me when a community like this full of independent and self-reliable people think allowing for increased govt in something is a good idea.

Wow, after the parade of sarcasm unleashed earlier in this thread after someone made the narrow-by-comparison claim that "[h]aving something run or funded by the government is the least efficient and least effective way of solving a problem," I can't wait to read the skewering remarks that your broader anarchistic comment will surely attract!
Title: Re: Supreme Court challenge to the ACA
Post by: waltworks on March 31, 2015, 03:47:36 PM
Always interesting to me that societies that have some level of collaboration/mandatory taxes and public services and enforce laws and rules have outcompeted those that don't and just have unlimited individual freedom...

-W


always interesting to me when a community like this full of independent and self-reliable people think allowing for increased govt in something is a good idea.

my long term prediction is the us avg lifespan declines for the first time ever as the cases of worse care, more medical and surgical treatments and limited or denied and a steady undercurrent of no new jobs created.
Title: Re: Supreme Court challenge to the ACA
Post by: seattlecyclone on March 31, 2015, 04:11:45 PM
For what it's worth, I agree that taxing people for failing to buy a product from a profit-making enterprise is poor form. I realize the mandate is necessary to make the system function at even an arguably acceptable level, but it still rubs me the wrong way.

It may help with your cognitive dissonance to mentally reframe the "tax on people who fail to buy insurance" as a "non-tax on people who do buy insurance," since they are functionally equivalent.

To illustrate (in reverse):  people who buy electric vehicles get a tax credit.  This can be reframed as a tax on everyone who fails to buy an electric vehicle (because those people are not getting the benefit of the tax credit), in which case you could then argue, "hey, that's not fair, the government is taxing me because I'm chosing not to buy an electric vehicle!"

I've tried playing those mental gymnastics and I just can't do it. I know an economist would probably argue until they're blue in the face that a penalty for failing to do something is equivalent to a tax credit for doing that thing. She would be right, of course, but I think for me it's mostly about comparing the new system to the way it was before. When Congress adds a new tax credit that I might qualify for, I'm happy for the chance at some extra money. When they add a new penalty for doing something I might do otherwise, I resent that they're making some options more expensive than they were before (even if I wouldn't have chosen those options anyway!). It's silly human emotions getting in the way, sure, but emotions are a real thing.

This would bother me less if the rest of the law treated Americans more like real adults. The type of plans that you can buy to comply with the individual mandate are frustratingly limited. Real high-deductible plans are apparently no longer good enough. An individual plan can have out-of-pocket maximums no higher than $6,600. Come on! Maybe the average American can't fathom spending that much on medical care in a year without going bankrupt, but I could probably make a $10-20k deductible plus 10% coinsurance up to another $10-20k work and would like to be able to see that type of plan advertised alongside all of the shiny metals. Call it a tin plan or something. And they're not allowed to sell me a plan where I have to pay even a token co-pay for "preventive" services? What gives?

If we're going to continue with capitalist health care, we should be providing customers (patients) more incentives to shop around for lower prices, and more ability to actually predict the price before they agree to treatment. Shopping around is obviously not feasible for emergency care, but most health care is not an emergency. Instead we're going the other way, where everyone will have a plan where they don't have to care at all about what "preventive" visits cost, and most major illnesses will blow past your out-of-pocket max so fast that you once again have no reason to care about the costs. This gives doctors freedom to keep raising their prices. Insurance companies will go right along with it because they can take a higher amount of profit when they're paying a higher amount of medical bills, and they'll gladly pass the cost along to their customers through higher premiums (which will be subsidized by the federal government for an increasing number of people as prices increase).

Meanwhile the people at most doctor's offices have literally no way to tell you what a procedure will cost before it happens, so the best you can do if you're charged too much is try a different doctor next time. As big as the medical industry is about obtaining "informed consent" regarding the medical consequences of a procedure, they try as hard as possible so that you are uninformed about the financial consequences.

So many things need to change, but both sides of the Congress are so entrenched about this issue that no substantive policy changes are likely to happen anytime in the foreseeable future.
Title: Re: Supreme Court challenge to the ACA
Post by: sol on March 31, 2015, 10:04:53 PM
always interesting to me when a community like this full of independent and self-reliable people think allowing for increased govt in something is a good idea.

Wow, after the parade of sarcasm unleashed earlier in this thread after someone made the narrow-by-comparison claim that "[h]aving something run or funded by the government is the least efficient and least effective way of solving a problem," I can't wait to read the skewering remarks that your broader anarchistic comment will surely attract!

Meh.  That earlier comment was close enough to understandable that I think we all thought pointing out the fallacy was worthwhile.  Cougar thinks having a functional government is just bad in all cases, and for people like that there's not much you can do other than recommend they move somewhere without one.
Title: Re: Supreme Court challenge to the ACA
Post by: sol on March 31, 2015, 10:29:40 PM
I'm sorry, but this is very incorrect. Congress can't just enact laws about whatever it wants. Every law must have some basis in authority explicitly granted to Congress by the Constitution.

I'm sorry, but this is very incorrect.  The Constitution does not provide authority for all of our laws, it provides limits on government by specifying the things it is NOT allowed to do.  Nobody ever expected it to specifically authorize all actions the government might one day have to undertake, but they were certainly very worried about prohibiting their new nation from undertaking some very specific things that hereditary monarchs were known for.

The whole idea of the Constitution, according to my high school Americah History teacher (who is my go-to infallible resource for all things civics related), was to limit the power of the new government by dividing power between three branches, and prohibiting some things that were deemed irreconcilable with representative democracy.  So if you can find something in there about how "Congress shall pass no law respecting the establishment of a national health care system" then I'll buy your argument.

You mentioned that the Judicial Branch has struck down some unconstitutional laws.  There have been a bunch of notable examples, all of which run afoul of either of the two cases I mentioned above: they either breach the separation of powers or they try to do something explicitly forbidden by the Constitution. 

Criminy cyclone, Congress passed a law specifically about Terry Schiavo.  Where is she mentioned in the Constitution?  Do you really think Congress can't pass any laws without specific permission from the Constitution?  What about the one where they declared pi equal to 3?  Or the time they outlawed bear wrestling?  How about in 2013 when they passed that law changing the specs on how to make commemorative coins issued by the Baseball Hall of Fame, which didn't even exist when the Constitution was drafted? 

Okay, that last one might actually derive from the Constitution, if you believe the Baseball Hall of Fame is part of the US Treasury.
Title: Re: Supreme Court challenge to the ACA
Post by: Cathy on March 31, 2015, 10:45:53 PM
I'm sorry, but this is very incorrect. Congress can't just enact laws about whatever it wants. Every law must have some basis in authority explicitly granted to Congress by the Constitution.

I'm sorry, but this is very incorrect.  The Constitution does not provide authority for all of our laws, it provides limits on government by specifying the things it is NOT allowed to do. ...

The US constitution contains both a set of provisions explicitly stating what the federal government can do and a set of provisions explicitly stating what the federal government cannot do. It also has a variety of provisions explicitly limiting the powers of states.

The general rule in the US constitutional framework is that the federal government can only do what is explicitly authorised by the constitution, and on top of that, it also can't do anything explicitly prohibited. However, in order to know what is explicitly authorised, you need to read the case law, not just the text of the constitution, because many provisions have been given interpretations that would not be apparent from their literal text.

That said, the general rule is subject to some exceptions not discussed by seattlecyclone. For example, the power of eminent domain is not explicitly authorised by the constitution, but according to the Supreme Court, "[t]he right of eminent domain -- that is, the right to take private property for public uses -- appertains to every independent government. It requires no constitutional recognition; it is an attribute of sovereignty": Boom Company v. Patterson, 98 US 403 (1878). Moreover, "[t]he right of eminent domain was one of those means well known when the Constitution was adopted, and employed to obtain lands for public uses. Its existence, therefore, in the grantee of that power ought not to be questioned": Kohl v. United States, 91 US 367 (1875). The "sovereignty" exception can also ground some other implicit powers. By and large though, federal legislation needs to be explicitly authorised by the constitution to be valid.

It's easy to understand the US constitutional theory when you think about the context in which the US was created. It was (in theory) a collection of independent states that were giving up certain sovereign rights to a central government. Thus, the central government has only those powers that were explicitly given up to it by the states.
Title: Re: Supreme Court challenge to the ACA
Post by: MDM on March 31, 2015, 10:52:48 PM
The "this is incorrect" arguments can find support on both sides in http://en.wikipedia.org/wiki/Enumerated_powers.  Enjoy....
Title: Re: Supreme Court challenge to the ACA
Post by: Cathy on March 31, 2015, 11:08:04 PM
The "this is incorrect" arguments can find support on both sides in http://en.wikipedia.org/wiki/Enumerated_powers.  Enjoy....

The current state of the law in the US is as described in my post. That page mentions some writers who disagree with the current law, and while that is a valid thing to write about, it doesn't change the actual state of the current law. It's a very elementary principle of US constitutional law that the federal government cannot do anything unless authorised by the constitution, subject to only a few exceptions (such as eminent domain).

That said, don't take it from me. To bring this back to the topic of health care, let's quote directly from the opinion of Roberts CJ in National Federation of Independent Business v. Sebelius, 567 US ___ (2012), 132 SCt 2566 (http://www.supremecourt.gov/opinions/11pdf/11-393c3a2.pdf) (*). As explained on page 2 of the opinion (internal citations deleted):

                In our federal system, the National Government possesses only limited powers; the States and the people retain the remainder. Nearly two centuries ago, Chief Justice Marshall observed that "the question respecting the extent of the powers actually granted" to the Federal Government "is perpetually arising, and will probably continue to arise, as long as our system shall exist." In this case we must again determine whether the Constitution grants Congress powers it now asserts, but which many States and individuals believe it does not possess. Resolving this controversy requires us to examine both the limits of the Government’s power, and our own limited role in policing those boundaries.

The Federal Government "is acknowledged by all to be one of enumerated powers." That is, rather than granting general authority to perform all the conceivable functions of government, the Constitution lists, or enumerates, the Federal Government’s powers... And the Federal Government "can exercise only the powers granted to it." ...

If no enumerated power authorizes Congress to pass a certain law, that law may not be enacted, even if it would not violate any of the express prohibitions in the Bill of Rights or elsewhere in the Constitution.

Block quotes normally do not make for compelling reading, but in this case, Roberts CJ has explained the basics so well so that there is no point in repeating it.


(*) Highly technical readers will observe that the portion I am quoting is from the preface of the opinion, which was not joined by any other judge and thus was not part of the opinion of the Court and is not binding authority. That is technically true, but this principle of law is so well-known that I am not quoting it as authority, but only for the easy to understand exposition that Roberts CJ provides.
Title: Re: Supreme Court challenge to the ACA
Post by: jpdcpajd on March 31, 2015, 11:57:57 PM
People who hate the ACA only hate it because it was enacted by Democrats.  If it was enacted by Republicans, they would be crowing about how wonderful it is.

I have ZERO political ties to either side. I think forcing ANYONE to buy anything or pay a fine is ridiculous.

I also think that both sides need to get their heads out of their asses and be much more mustashian. We could have given every citizen in America free healthcare 3 times over for the price of what we're spending on spying on our own people and starting trouble in the world.

The only reason the clause that is under review exists is because Scott Brown was elected to the senate and the democrats did not have the votes to amend it to fix it. so they passed it using what is called a budget reconciliation that did not require 60 votes.  They gamed the system.  As pelosi said we have to pass it to know whats in it.
Title: Re: Supreme Court challenge to the ACA
Post by: brooklynguy on April 01, 2015, 08:52:07 AM
This would bother me less if the rest of the law treated Americans more like real adults. The type of plans that you can buy to comply with the individual mandate are frustratingly limited. Real high-deductible plans are apparently no longer good enough. An individual plan can have out-of-pocket maximums no higher than $6,600. Come on! Maybe the average American can't fathom spending that much on medical care in a year without going bankrupt, but I could probably make a $10-20k deductible plus 10% coinsurance up to another $10-20k work and would like to be able to see that type of plan advertised alongside all of the shiny metals. Call it a tin plan or something. And they're not allowed to sell me a plan where I have to pay even a token co-pay for "preventive" services? What gives?

Well, to be fair, I think there's more at work here than simple governmental paternalism.  Restricting the availability of truly-high-deductible plans is arguably necessary to protect against adverse selection and ensure the workability of the law in the same way as the individual mandate -- if catastrophic plans remained fully available, a disproportionately high percentage of the healthy subset of the population would opt for those plans, deteriorating the risk pool (and increasing the premiums) for everybody else.  It's one additional step in the spectrum closer to social-safety-net-style universal healthcare, where the seattlecylones of our society (as young healthy people) are forced to pay for more insurance than they probably need in order to subsidize the insurance of those who really do need it (except here, the subsidizing payment take the form of higher insurance premiums to private insurance companies instead of the higher taxes that would be paid in a true government-run universal healthcare system).

The rest of your post (which I agree with) echoes waltworks' critical assessment earlier in this thread of our "split-the-difference" system as being the least sensible option when viewed against either of the diametrically opposed alternatives (i.e., (i) completely privatized, capitalist healthcare and (ii) completely universal "free-healthcare for all") (because of the distorted incentives our actual hybrid system creates and the undesirable outcomes it therefore leads to).  I also agree with waltworks that option (ii) is the preferable choice; super-rich societies like ours should guarantee free healthcare for all, pay up and reap the benefits.  As a nation, we have made that choice in other areas (such as education) in order to improve our collective lot in life, but we fail to do the same thing for so fundamental an area as the very preservation of our collective healthy lives in the first place.
Title: Re: Supreme Court challenge to the ACA
Post by: 2lazy2retire on April 10, 2015, 01:55:31 PM
It depends. Is this interest taxable? If so, then it will count as income for ACA purposes. Pretty much any other taxable income you have will count as well. If this income is between 138% and 400% of the federal poverty level for your family size, then you would be eligible for subsidies.

$20k is about 170% of the federal poverty level for a single person, so you would be eligible for subsidies in that case. $20k is only about 125% of the federal poverty level for a two-person family, so you would be eligible for Medicaid in that case, but not ACA subsidies. The same is true for families larger than two.

That's very wrong. So someone with a billion in the bank who only withdraws a small amount of interest can live comfortably and mooch off the system :P

The chances of that happening are extremely remote.  If the government wanted to prevent all cases like that, then they would've used wealth as the standard instead of income.  But if you think the ACA is a bloated government program now, consider that they'd probably need 10 times the people to handle the wealth calculations.  And the 99.999% of the general public to whom this doesn't apply would each get to spend an extra 10-24 hours filling out paperwork, having it verified, and calculating what their subsidy should be.  (Does the hottub count?  What about the lawn mower?  Only appreciating assets?  What about mobile homes?  etc)

Or instead, they could just use something simple like income, where it's already defined by the IRS and everyone is familiar with.  But like you said, the downside is that one or two billionaires might get a tiny subsidy.  BTW, it's not interest withdrawn, it's interest earned.  So knock that percentage of people "very wrong" down even further.

No sure why determining net worth would be so difficult, easy for the goverment to put the onus on the taxpayer to report it accurately, with the threat of large fines and imprisonment etc for those falsifying the return. Already I have to report my overseas assets, adding onshore assets would be simple enough?
Primary residence and depreciating assets do not count, investments, pensions etc do, at most another sheet added at filing time with Turbo Tax spitting out "subsidy yes/no" and if yes how much - piece of piss. To eliminate noise you could set reporting requirement if assets are above say 50K ( that would eliminate the vast majority of Americans for having to file ;)
Title: Re: Supreme Court challenge to the ACA
Post by: scottish on April 11, 2015, 08:52:21 AM
I think it's incredible that the political class is so wrapped up in this.   Every other first world country has public medicare for its citizens except the US and at a lower cost than the US system today.  The status quo and vested interests in the US are so powerful that it seems almost impossible to correct this.

I find it amazing that the politicians argue over this when its so obviously a good thing.    They should band together and develop a more effective system instead of trying to repeal the ACA.   
Title: Re: Supreme Court challenge to the ACA
Post by: Exflyboy on April 11, 2015, 09:55:51 AM
I think it's incredible that the political class is so wrapped up in this.   Every other first world country has public medicare for its citizens except the US and at a lower cost than the US system today.  The status quo and vested interests in the US are so powerful that it seems almost impossible to correct this.

I find it amazing that the politicians argue over this when its so obviously a good thing.    They should band together and develop a more effective system instead of trying to repeal the ACA.

Well to a transplant from the UK who lives here I would agree. However I do have "some sympathy"with the American way. I.e, the whole country was built on the principle of the Government NOT telling people what to do.. Its called "freedom".. of course much of the freedom is perceived rather than real when you compare it with other developed nations.

On the one hand America has some wonderful qualities, there are opportunities here I simply could not get back in the UK, way more money for your efforts for a start and on the whole the cost of living is cheaper.. All good stuff.. as long as you don't get cancer under the old HC system at least, because then you'd go bankrupt.

The problem I think is that there is a huge sense of misplaced pride here, i.e EVERYTHING the US is better than anybody else, I.e there is nothing that can be learned from what other nations do.. of course anything that looks like "socialism" is bad, and as you say there are powerful monied interests that is very happy to exploit this fear.

So your right, we now have a HC systems that costs double what it does in many other developed nations. One can hope that the ACA might eventually force the cost down, but that effect is going to limited at best I fear.

I'm keeping my British Citizenship thats for sure!
Title: Re: Supreme Court challenge to the ACA
Post by: FIRE me on April 12, 2015, 11:24:44 PM
People who hate the ACA only hate it because it was enacted by Democrats.  If it was enacted by Republicans, they would be crowing about how wonderful it is.

I have ZERO political ties to either side. I think forcing ANYONE to buy anything or pay a fine is ridiculous.

I also think that both sides need to get their heads out of their asses and be much more mustashian. We could have given every citizen in America free healthcare 3 times over for the price of what we're spending on spying on our own people and starting trouble in the world.

I agree with you. I can't think of another tax or insurance that you cannot legally choose to avoid, no matter how impractical that choice may be.
Sales tax? Buy nothing.
Income tax? Do not work. Live under a bridge, eat out of dumpsters.
Property tax? Don't own property.
Vehicle insurance? Don't drive or own a motor vehicle.

ACA? You're in, or else you pay a fine.

Now that said, I am very much hoping it survives both the Supreme Court, and the 2016 election. My FIRE numbers depends on the ACA until I am old enough for Medicare.

But the no choice provision really rubs me the wrong way.
Title: Re: Supreme Court challenge to the ACA
Post by: brooklynguy on April 13, 2015, 07:22:52 AM
I can't think of another tax or insurance that you cannot legally choose to avoid, no matter how impractical that choice may be.

You're not thinking hard enough.  At least two such insurance schemes have already been mentioned in this thread:  EMTALA and Medicare (Part A).

Quote
Sales tax? Buy nothing.
Income tax? Do not work. Live under a bridge, eat out of dumpsters.
Property tax? Don't own property.
Vehicle insurance? Don't drive or own a motor vehicle.

ACA? You're in, or else you pay a fine.

In any event, this isn't true.  If you fall below the minimum income threshold for ACA subsidies, then you don't qualify for ACA subsidies and you don't have to buy an ACA plan or face a penalty (and you may be eligible for Medicaid, depending on your state of residence).  So, if you decide to live under a bridge and eat out of dumpsters, you will avoid the ACA's individual mandate just as surely as you will avoid income tax, sales tax, property tax, and vehicle insurance.  Also, as long as you are searching for impractical methods of avoiding the ACA's reach, there's another option worth mentioning (which has also already been alluded to in this thread):  you can leave the United States.

There's a reason Benjamin Franklin observed that "in this world nothing can be said to be certain except death and taxes."
Title: Re: Supreme Court challenge to the ACA
Post by: Exflyboy on April 13, 2015, 03:18:58 PM
Thats why my passport will always say "British Citizen".. Not that I am ungrateful for the opportunity to work (and save the bountiful salary an engineer is awarded) in the USA.. If it wasn't for my emigration to the US I would not be FIRED.

But I'm keeping my access to "free" HC lifeline open for me and my American Wife.. I just have to prove I intend to live there... and the weather does suck..:)
Title: Re: Supreme Court challenge to the ACA
Post by: forummm on May 19, 2015, 02:00:43 PM

Any billionaire who only earns $20k from their investments in a typical year is doing something terribly wrong.
Not if they have a IRA balance in the hundreds of millions. :)


Sent from my iPad using Tapatalk

Who, other than Mitt Romney, has an IRA in the hundreds of millions? The contribution limits are too low. You have to be doing something shady to get that much money in there--like pretending a stock was worth a hundred times less than what you knew it was when you put it in your IRA (like what Mitt allegedly did).
Title: Re: Supreme Court challenge to the ACA
Post by: forummm on May 19, 2015, 02:02:07 PM
It depends. Is this interest taxable? If so, then it will count as income for ACA purposes. Pretty much any other taxable income you have will count as well. If this income is between 138% and 400% of the federal poverty level for your family size, then you would be eligible for subsidies.

$20k is about 170% of the federal poverty level for a single person, so you would be eligible for subsidies in that case. $20k is only about 125% of the federal poverty level for a two-person family, so you would be eligible for Medicaid in that case, but not ACA subsidies. The same is true for families larger than two.

That's very wrong. So someone with a billion in the bank who only withdraws a small amount of interest can live comfortably and mooch off the system :P

By the time they are billionaires, they are probably old and eligible for Medicare instead. If you're eligible for Medicare, you can't get a tax credit for your health plan.
Title: Re: Supreme Court challenge to the ACA
Post by: forummm on May 19, 2015, 02:04:45 PM
That's very wrong. So someone with a billion in the bank who only withdraws a small amount of interest can live comfortably and mooch off the system :P

Funny how no one who thinks Obamacare tax credit recipients are "mooching off the system" seems to feel the same way about people (including wealthy people) with employer-sponsored health insurance, which is also government-subsidized.

The tax credit for private plans through the Marketplace is pretty similar to the tax credit people get for getting insurance through work. The mechanism is different. And the amount of credit you get varies, as does the amount your employer pays, so it's hard to compare the two. But they are similar.
Title: Re: Supreme Court challenge to the ACA
Post by: forummm on May 19, 2015, 02:10:44 PM
my long term prediction is the us avg lifespan declines for the first time ever as the cases of worse care, more medical and surgical treatments and limited or denied and a steady undercurrent of no new jobs created.

Because more people are going to have private insurance instead of no insurance? <scratches head>
Title: Re: Supreme Court challenge to the ACA
Post by: forummm on May 19, 2015, 02:28:46 PM
This would bother me less if the rest of the law treated Americans more like real adults. The type of plans that you can buy to comply with the individual mandate are frustratingly limited. Real high-deductible plans are apparently no longer good enough. An individual plan can have out-of-pocket maximums no higher than $6,600. Come on! Maybe the average American can't fathom spending that much on medical care in a year without going bankrupt, but I could probably make a $10-20k deductible plus 10% coinsurance up to another $10-20k work and would like to be able to see that type of plan advertised alongside all of the shiny metals. Call it a tin plan or something. And they're not allowed to sell me a plan where I have to pay even a token co-pay for "preventive" services? What gives?

If we're going to continue with capitalist health care, we should be providing customers (patients) more incentives to shop around for lower prices, and more ability to actually predict the price before they agree to treatment. Shopping around is obviously not feasible for emergency care, but most health care is not an emergency. Instead we're going the other way, where everyone will have a plan where they don't have to care at all about what "preventive" visits cost, and most major illnesses will blow past your out-of-pocket max so fast that you once again have no reason to care about the costs. This gives doctors freedom to keep raising their prices. Insurance companies will go right along with it because they can take a higher amount of profit when they're paying a higher amount of medical bills, and they'll gladly pass the cost along to their customers through higher premiums (which will be subsidized by the federal government for an increasing number of people as prices increase).

Meanwhile the people at most doctor's offices have literally no way to tell you what a procedure will cost before it happens, so the best you can do if you're charged too much is try a different doctor next time. As big as the medical industry is about obtaining "informed consent" regarding the medical consequences of a procedure, they try as hard as possible so that you are uninformed about the financial consequences.

So many things need to change, but both sides of the Congress are so entrenched about this issue that no substantive policy changes are likely to happen anytime in the foreseeable future.

The real problem is that healthcare is not and never can be a functioning free market (i.e. not experiencing market failure). And you've mentioned or hinted at several reasons why. Functioning free markets require parity of information. There can never be true parity of information. You will never know as much as your doctor about your health in order to be able to know what the most appropriate course of care for yourself is, and to weigh that against the costs. Free markets require full disclosure of costs. You also don't know what the costs are for various reasons due to competitive bargaining nondisclosure agreements. In order for the economics to work out, you must be able to avoid adverse selection, where someone doesn't pay into the system, then gets sick, and then signs up at the last minute. That's not "insurance". So people have to be in the system the whole time for the regular flow of premiums to allow for the costs to be amortized over time and across the population. Medicare actually does this as well, but no one complains about it. If you don't sign up for Medicare at 65 and pay the premium, you are penalized for each month you delay joining (unless you have another form of health insurance). And the problem with the "tin" plan or the old high deductible plans is along these same lines. They don't cover enough. You could use them while you didn't have health needs and then quickly switch to them when you did get sick. The old high deductible plans had other helpful features like not actually covering very much, being able to drop you if you did get sick, excluding coverage for pre-existing conditions, etc.

It's hard for people to swallow, but healthcare is just fundamentally different than other goods and services. It just doesn't work the same way. If you need a few pills to save your life, you would pay anything you could beg, borrow, or steal to get them. They may only have cost a few pennies to make, but the firm has a patent and is allowed to charge anything they want. That's not an efficient free market.
Title: Re: Supreme Court challenge to the ACA
Post by: forummm on May 19, 2015, 02:33:42 PM
Forcing people to buy things is not in the constitution and private industry should not be profiting from government mandate.

1.  Most of our laws are not in the Constitution.  Forcing people to have a driver's license is not in the Constitution.  Social Security and Medicare are not in the Constitution.  Unemployment benefits, all forms of taxation, National Parks, all absent.  Do you really think National Parks are a violation of our freedom because they're not in the Constitution?

Or maybe all of these laws are derived from the authority of the Legislative Branch to, you know, legislate?  Like, make new laws and stuff?

2.  Protecting the profits of private industry (and the economy at large) is the very reason government exists.  Everything the US government does is aimed at the ultimate purpose of helping private corporations make money.  Sometimes it's pretty blatant, like tariffs on imported goods that protect US producers, and sometimes it's more subtle, like widespread public education that teaches kids how to sit down, shut up, and follow directions so that their future corporate overlords will have a ready pool of qualified workers for their businesses.

Hell, we even have a whole government agency solely dedicated to helping new businesses get up and running so they can make money.  If government shouldn't be helping private industry to profit, then I suppose that you oppose all SBA loans?

This is a really good point that a lot of people don't think about. Sol takes it a little to the edge to make his point, but it's largely true. Patents, the court system, police, the military, etc. Many governmental functions have dual beneficial purposes--like education that allows individuals to advance and have better lives as well as better preparing the workforce to increase business profits. And a police and court system that protects the property of both businesses and individuals. Of course, those systems work better for those who have more money. There are some things were you can argue the government does it for the benefit of the populace at the expense of certain businesses (like clean air and water laws). But even those laws end up benefiting other businesses (the workforce is smarter when there isn't lead and mercury in their brains, etc).
Title: Re: Supreme Court challenge to the ACA
Post by: brooklynguy on May 22, 2015, 08:12:11 AM
FYI, I just posted an update about a pertinent editorial in the Wall Street Journal in the parallel thread on the Supreme Court ACA case (http://forum.mrmoneymustache.com/off-topic/supreme-court-to-opine-on-obamacare-tax-credit/msg670434/#msg670434) (which seemed like the more appropriate home for my post, but I'm referring to it here in case anyone is interested but wasn't aware of that thread given that it was buried in the Off Topic subforum).
Title: Re: Supreme Court challenge to the ACA
Post by: sol on May 22, 2015, 10:25:36 AM
Sol takes it a little to the edge to make his point,

Yea, you know how I do.
Title: Re: Supreme Court challenge to the ACA
Post by: forummm on May 22, 2015, 12:10:30 PM
Sol takes it a little to the edge to make his point,

Yea, you know how I do.

https://www.youtube.com/watch?v=7nqcL0mjMjw
Title: Re: Supreme Court challenge to the ACA
Post by: Cherry Lane on June 25, 2015, 07:05:30 PM
So...the decision is in. Is anyone going to sleep a little easier tonight?  FIRE sooner*?

I'd been waiting on this news to help with expense planning, but I came across another wrinkle recently.  As one eligible for Tricare Retired Reserve (at a cost of ~$5k/year), it seems I may be ineligible for ACA subsidies.  Anyone know for sure/can point me to a reference?

* OK, maybe not that, since this is the post-FIRE group...
Title: Re: Supreme Court challenge to the ACA
Post by: forummm on June 25, 2015, 07:12:36 PM
It's a good step. We'll see what 2017 brings post-election.
Title: Re: Supreme Court challenge to the ACA
Post by: Cherry Lane on June 25, 2015, 07:59:15 PM
So...the decision is in. Is anyone going to sleep a little easier tonight?  FIRE sooner*?

I'd been waiting on this news to help with expense planning, but I came across another wrinkle recently.  As one eligible for Tricare Retired Reserve (at a cost of ~$5k/year), it seems I may be ineligible for ACA subsidies.  Anyone know for sure/can point me to a reference?

* OK, maybe not that, since this is the post-FIRE group...
I believe this is true about Tricare. I use the VA (service-connected disability) and because of that can not get ACA subsidies. It's either one or the other, not both.

Oh, I'm not looking for both.  I want to be able to use subsidized ACA instead of Tricare, because it will be less expensive.
Title: Re: Supreme Court challenge to the ACA
Post by: Exflyboy on June 25, 2015, 09:21:40 PM
Personally I'm thrilled!
Title: Re: Supreme Court challenge to the ACA
Post by: Monkey Uncle on June 26, 2015, 04:02:30 AM
So...the decision is in. Is anyone going to sleep a little easier tonight?  FIRE sooner*?

I'd been waiting on this news to help with expense planning, but I came across another wrinkle recently.  As one eligible for Tricare Retired Reserve (at a cost of ~$5k/year), it seems I may be ineligible for ACA subsidies.  Anyone know for sure/can point me to a reference?

* OK, maybe not that, since this is the post-FIRE group...

It's definitely a big relief for me.  The status of the ACA is the biggest remaining hurdle to my projected 1/1/19 FIRE.  But as Forummm says, we still need to get past whatever happens after the next presidential election.  Personally, I think it will get increasingly difficult from this point on to eliminate or gut the ACA.  I saw a poll out the other day that suggests public opinion is starting to turn in favor of the law as it becomes clearer that it really is reducing the ranks of the uninsured and is starting to at least slow the growth in costs.  Upholding the subsidies essentially turns the ACA into back-door single-payer.  I think once people get a taste of that, they will wonder how they ever lived without the ACA.
Title: Re: Supreme Court challenge to the ACA
Post by: forummm on June 26, 2015, 07:17:51 AM
So...the decision is in. Is anyone going to sleep a little easier tonight?  FIRE sooner*?

I'd been waiting on this news to help with expense planning, but I came across another wrinkle recently.  As one eligible for Tricare Retired Reserve (at a cost of ~$5k/year), it seems I may be ineligible for ACA subsidies.  Anyone know for sure/can point me to a reference?

* OK, maybe not that, since this is the post-FIRE group...

It's definitely a big relief for me.  The status of the ACA is the biggest remaining hurdle to my projected 1/1/19 FIRE.  But as Forummm says, we still need to get past whatever happens after the next presidential election.  Personally, I think it will get increasingly difficult from this point on to eliminate or gut the ACA.  I saw a poll out the other day that suggests public opinion is starting to turn in favor of the law as it becomes clearer that it really is reducing the ranks of the uninsured and is starting to at least slow the growth in costs.  Upholding the subsidies essentially turns the ACA into back-door single-payer.  I think once people get a taste of that, they will wonder how they ever lived without the ACA.

Yeah, this is what the Republicans are terrified of. Once people understand that we aren't killing grandmas and the economy didn't collapse and blood isn't running in the streets--but now their aunt has affordable health insurance after getting laid off--they are going to be pretty upset about that going away.

If they ever do get to "repeal and replace" it, the replacement will be pretty similar to the ACA.
Title: Re: Supreme Court challenge to the ACA
Post by: MoneyCat on June 26, 2015, 09:31:26 AM
I'm really pleased that the ACA subsidies were upheld, because that's a major pillar of my FIRE plans for the future.  The ACA isn't perfect, but it will do for now until we have a Republican party in Congress that's more inclined to discussion and compromise.
Title: Re: Supreme Court challenge to the ACA
Post by: CaveDweller on June 27, 2015, 08:25:32 AM
As a healthcare provider, the SCOTUS ruling is a big relief for me too. More people with insurance means fewer bills go unpaid, more job security and predictability of revenue for providers.

Of course it's much less important that ACA is beneficial to people like me and much more important that it benefits the country as a whole. Not only does the law provide more avenues and greater ease of obtaining insurance, but it also means (at least in theory) somewhat lower costs for those who already had insurance because hospitals will have less need to artificially inflate prices to accommodate for so much charity care/the unpaid bills of the people who don't have insurance. Though I'm the first to admit that such lower prices are painfully slow to materialize...

...Upholding the subsidies essentially turns the ACA into back-door single-payer.

I have to disagree with this sentiment though, as I think single-payer systems are generally far superior to the one we currently have. It's great that millions more people are now covered, but there's still HUGE variability in cost-sharing among different policies and maddening examples where people live in an area where no in-network providers are accepting new patients (what good is insurance then?). Or where the local hospital may be in-network, but the group of ED docs are not, and so after an emergency visit people get a surprise bill for thousands. Then there's the family affordability glitch that unfairly excludes a lot of low-income working parents from subsidies. Also the windfall to pharmaceutical companies and device-makers whereby CMS is prohibited from negotiating lower prices (even while CMS literally dictates prices to hospitals and providers for procedures and care). None of these issues are typical in Canada, Britain, or other single-payer countries.

ACA is a major step in the right direction, but make no mistake that there are still glaring flaws that need to be fixed. It's a shame it has become such a polarizing political issue, because it'll take the good faith efforts and cooperation of a lot of people to improve the system further. (Ok, putting my soapbox back into storage for now)
Title: Re: Supreme Court challenge to the ACA
Post by: forummm on June 27, 2015, 08:35:15 AM
Yeah, the ACA was a move away from a single payer. It would have been far easier, far cheaper, and far more popular to just have provided "Medicare for all", with people below 65 paying a premium based on age and income. But that idea didn't line the pockets of the private health insurers, and would eventually kill them off, so it didn't see the light of day.
Title: Re: Supreme Court challenge to the ACA
Post by: Monkey Uncle on June 28, 2015, 04:25:37 AM
O.K., I over-reached a bit in the way I worded my comparison of ACA to single-payer.  Obviously, in its current state, it is nowhere near the single-payer systems that most developed countries have.  But I think it will trend in that direction over time as working people start to realize that a heavily subsidized exchange policy competes quite favorably (cost-wise) with their expensive employer-provided plan.  As more people start using subsidized plans, the taxpayer picks up more and more of the total cost of health care.  The government becomes the 800 lb gorilla in the health care market, which gives it a lot of negotiating power (whether it will choose to use that power is another matter).  The cap on administrative cost and the mandate to provide real coverage for everyone limits the extent to which insurance companies can make money by abusing their policy holders, so they have an incentive to negotiate with providers for lower prices (they've already been doing this for many years - check out your next explanation of benefits statement to see the difference between what the provider says the service should cost vs. what the insurance company will actually pay for it).

Yes, it's still a sucky system, and I'm still pissed at Obama for taking real single-payer off the table at the beginning of the negotiations.  I think we'll get there eventually, but it's likely to be a long, painful road.  We'll need some new regulations that force providers to accept exchange policies.  Unfortunately it's politically infeasible to just euthanize the insurance companies and for-profit hospitals and move on.
Title: Re: Supreme Court challenge to the ACA
Post by: forummm on June 28, 2015, 05:46:50 AM
O.K., I over-reached a bit in the way I worded my comparison of ACA to single-payer.  Obviously, in its current state, it is nowhere near the single-payer systems that most developed countries have.  But I think it will trend in that direction over time as working people start to realize that a heavily subsidized exchange policy competes quite favorably (cost-wise) with their expensive employer-provided plan.  As more people start using subsidized plans, the taxpayer picks up more and more of the total cost of health care.  The government becomes the 800 lb gorilla in the health care market, which gives it a lot of negotiating power (whether it will choose to use that power is another matter).  The cap on administrative cost and the mandate to provide real coverage for everyone limits the extent to which insurance companies can make money by abusing their policy holders, so they have an incentive to negotiate with providers for lower prices (they've already been doing this for many years - check out your next explanation of benefits statement to see the difference between what the provider says the service should cost vs. what the insurance company will actually pay for it).

Yes, it's still a sucky system, and I'm still pissed at Obama for taking real single-payer off the table at the beginning of the negotiations.  I think we'll get there eventually, but it's likely to be a long, painful road.  We'll need some new regulations that force providers to accept exchange policies.  Unfortunately it's politically infeasible to just euthanize the insurance companies and for-profit hospitals and move on.

That's very different from single payer. Yes, private insurer overhead is limited. But none of the tax credits or anything gives the government any leverage or bargaining power at all. Those are still retained by the insurers--and they have limited ability to use that leverage. In our current dynamic if there's only one hospital in an area, or one hospital that buyers want included, the hospital can charge whatever they want and the insurer has no choice but to pay it. And hospitals are buying up physician practice networks to further increase their leverage. It's a really stupid system, and not at all a competitive free market. It would be much more efficient to just have one payer.
Title: Re: Supreme Court challenge to the ACA
Post by: CaveDweller on June 28, 2015, 11:14:09 AM
Yes, it's still a sucky system, and I'm still pissed at Obama for taking real single-payer off the table at the beginning of the negotiations.  I think we'll get there eventually, but it's likely to be a long, painful road.

Amen brother, I really hope you're right about that!

And forummm, you make an EXTREMELY salient point that as long as private insurers act as the mandatory middle man, that 800 lb gorilla is effectively shackled, ball-gagged, and hog-tied in not being able to negotiate prices (or in the case of CMS being prohibited from negotiating with pharmaceuticals, Congress has shackled itself).

I SAY LET LOOSE THE GORILLA!!!!!!!
Title: Re: Supreme Court challenge to the ACA
Post by: Exflyboy on June 28, 2015, 04:18:40 PM
As a British Ex Pat who's Father has to go see the Cardiologist every couple of months I can say the single payer system works very well indeed.. Of course its not perfect, but its also half the cost as what we pay in the USl.

Obama could not get a single payer systems to stick in the USA.. way too many powerful (monied) interests to prevent that.

BUT... anything that keeps HC on the table and causes discussion (and pain for all) might eventually move the needle to the next "new deal".

My God, maybe we might wake up and realize Medicare is THE most cost efficient way we actually buy medical care in the US...Maybe we'll realize that not everything has to be a business... MAYBE one day we will vote based on data rather than ideology!

Then again.. Maybe one day pigs will actually fly as well.
Title: Re: Supreme Court challenge to the ACA
Post by: Pooperman on June 29, 2015, 05:13:15 AM
Then again.. Maybe one day pigs will actually fly as well.

We got a black president, gay marriage is legal, pot will be, and you think we won't? Shit happens that you don't expect. It might not be this year, but it will happen eventually.
Title: Re: Supreme Court challenge to the ACA
Post by: dragoncar on June 29, 2015, 12:56:07 PM
Then again.. Maybe one day pigs will actually fly as well.

We got a black president, gay marriage is legal, pot will be, and you think we won't? Shit happens that you don't expect. It might not be this year, but it will happen eventually.

So true. The way science is advancing, it's inevitable that pigs will eventually fly.
Title: Re: Supreme Court challenge to the ACA
Post by: sol on June 29, 2015, 02:41:30 PM
Then again.. Maybe one day pigs will actually fly as well.

We got a black president, gay marriage is legal, pot will be, and you think we won't?

Well shit, when you say it like that it's no wonder ISIS hates us so much.
Title: Re: Supreme Court challenge to the ACA
Post by: Pooperman on June 29, 2015, 03:49:19 PM
Then again.. Maybe one day pigs will actually fly as well.

We got a black president, gay marriage is legal, pot will be, and you think we won't?

Well shit, when you say it like that it's no wonder ISIS hates us so much.

They be hatin our slightly less crappy healthcare system.
Title: Re: Supreme Court challenge to the ACA
Post by: Arktinkerer on July 01, 2015, 10:47:16 AM
About to pull the plug and the ACA makes me a lot more comfortable about my healthcare options right now.  But a very quick scan of the comments and it seems like people are to focused on whether they like/dislike ACA and not the process that got us here.

The ACA was done via a backdoor mechanism so the D's could shove it thru congress.  The pretzel the Supremes made of logic to try and keep it going in the first challenge opened it to another challenge that is still pending.  Even those that bent over backwards to approve it this time acknowledged that it was passed in a bizarre manner and was poor legislation.  It is very clear that few legislators read the thing (how could they given the length and the time frame they had) but that may be business as usual and now more people know it.

I guess my main point is which ever way you lean on the legislation itself, it is now very clear, in my opinion, that the Supreme Court is very broken.  The law is not interpreted as written.  Congress is broken-- since they don't really write or even read the laws, the Supreme Court can't really look at original intent.  The Supreme Court no longer holds the moral high ground--when you helped craft the legislation, you should not be in a position to rule on its legality.

Title: Re: Supreme Court challenge to the ACA
Post by: forummm on July 01, 2015, 11:21:33 AM
About to pull the plug and the ACA makes me a lot more comfortable about my healthcare options right now.  But a very quick scan of the comments and it seems like people are to focused on whether they like/dislike ACA and not the process that got us here.

The ACA was done via a backdoor mechanism so the D's could shove it thru congress.  The pretzel the Supremes made of logic to try and keep it going in the first challenge opened it to another challenge that is still pending.  Even those that bent over backwards to approve it this time acknowledged that it was passed in a bizarre manner and was poor legislation.  It is very clear that few legislators read the thing (how could they given the length and the time frame they had) but that may be business as usual and now more people know it.

I guess my main point is which ever way you lean on the legislation itself, it is now very clear, in my opinion, that the Supreme Court is very broken.  The law is not interpreted as written.  Congress is broken-- since they don't really write or even read the laws, the Supreme Court can't really look at original intent.  The Supreme Court no longer holds the moral high ground--when you helped craft the legislation, you should not be in a position to rule on its legality.

I differ slightly. The first part of the ACA was passed through normal Congressional activity (not reconciliation). But when Kennedy died, they still had to pass the fixes they intended to pass all along. But the Republicans were still filibustering it. So they could only pass the budget items through the normal reconciliation process. And some things never got fixed as a result. And in any bill of any complexity, there are going to be typos--like these 4 words were. That's just reality. Normally the typos would be 1) ignored and not sued over because they were obviously typos, 2) fixed by some unanimous consent motion or 3) a court would say "yeah these are clearly typos". The absurd partisan atmosphere around this bill made the first 2 go atypically. So the 3rd one had to be invoked--at a great waste of everyone's time.

I don't think the SCOTUS decisions on any of the ACA cases were "bending over backwards" or "pretzel logic". You may not like them (I don't like some aspects of them). But they were all reasonable. And not that atypical for court cases. There's all kinds of weird stuff and unintended consequences with legislation. Lots of typos or things they didn't consider. It happens all the time. Maybe you're just not familiar with it. Only a few high profile cases out of the hundreds of thousands of lawsuits filed each year become news.

SCOTUS didn't help craft the legislation. That's not a reasonable point of view. They just decided between conflicting interpretations of the law. Like courts do as their job every day.
Title: Re: Supreme Court challenge to the ACA
Post by: UnleashHell on July 01, 2015, 01:01:03 PM
Then again.. Maybe one day pigs will actually fly as well.

We got a black president, gay marriage is legal, pot will be, and you think we won't?

Well shit, when you say it like that it's no wonder ISIS hates us so much.
I think its the flying pigs they'll be having more of an issue with...
Title: Re: Supreme Court challenge to the ACA
Post by: Arktinkerer on July 01, 2015, 08:51:09 PM

I differ slightly. The first part of the ACA was passed through normal Congressional activity (not reconciliation). But when Kennedy died, they still had to pass the fixes they intended to pass all along. But the Republicans were still filibustering it. So they could only pass the budget items through the normal reconciliation process. And some things never got fixed as a result. And in any bill of any complexity, there are going to be typos--like these 4 words were. That's just reality. Normally the typos would be 1) ignored and not sued over because they were obviously typos, 2) fixed by some unanimous consent motion or 3) a court would say "yeah these are clearly typos". The absurd partisan atmosphere around this bill made the first 2 go atypically. So the 3rd one had to be invoked--at a great waste of everyone's time.

I don't think the SCOTUS decisions on any of the ACA cases were "bending over backwards" or "pretzel logic". You may not like them (I don't like some aspects of them). But they were all reasonable. And not that atypical for court cases. There's all kinds of weird stuff and unintended consequences with legislation. Lots of typos or things they didn't consider. It happens all the time. Maybe you're just not familiar with it. Only a few high profile cases  out of the hundreds of thousands of lawsuits filed each year become news.

SCOTUS didn't help craft the legislation. That's not a reasonable point of view. They just decided between conflicting interpretations of the law. Like courts do as their job every day.

It was not passed in the normal manner--even the Democrats acknowledge that.  A failed bill was stripped of everything but the title and the entire text was added as an amendment.  Declaring what was specifically described as a fee as a tax was the only way one Justice could say it was permissible.  That is the basis for the next challenge given that the original bill started in the Senate and not the House as is constitutionally required for a tax.  That appeal is now working its way up the chain.  That the SC will accept that case is unlikely and that they would acknowledge that violation  if the case was heard is even less unlikely given at least one very powerful individual would have to admit he was wrong.  Most judges aren't built that way.  The Constitution as a whole means very very little anymore.  Laws are not worth the words they use or the ink to print them.
Title: Re: Supreme Court challenge to the ACA
Post by: waltworks on July 01, 2015, 10:26:01 PM
Thing is, if you really want to go down the rabbit hole of appealing every tiny technicality and typo to SCOTUS, you really basically have admitted you have no useful ideas.

I would *love* to see the ACA repealed and replaced with something better. I even have lots of (just suck it up and let anyone who wants to sign up for Medicare?) ideas for what that could be.

But the folks filing the lawsuits, AFAIK, have nothing. Now, if the ACA mandated euthanasia for everyone over the age of 60 to save money, or something, then obviously any and all means to repeal it would be fine. It's hard for me to see how it's *worse* than the old status quo, though, and arguably it's somewhat better. Regardless it's not forcing everyone to wear a swastika and sing the internationale every morning over lukewarm soylent green.

Which means... I should be dizzy from all the great ideas the repeal-this-mediocre/convoluted-centrist-legislation folks have in mind. Because if you just throw the damn thing out, and don't do anything to replace it, then a whole lot of folks are in for a very hard time. So it's on the repeal side to have a DAMN GOOD replacement ready and waiting. Maybe that exists, but if it does they sure don't talk about it much.

Title: Re: Supreme Court challenge to the ACA
Post by: sol on July 01, 2015, 10:43:47 PM
So it's on the repeal side to have a DAMN GOOD replacement ready and waiting. Maybe that exists, but if it does they sure don't talk about it much.

The problem with all of the alternatives suggested thus far is that while they still hate the mandate that forces everyone to buy insurance, they love the part about preexisting conditions being covered.  So all of their proposals keep the universal coverage without the universal mandate, which everyone recognizes is a pathway to the death spiral. 

Rates would rise as healthy people declined to enroll.  The whole point of the ACA was to do both simultaneously, increasing insurance company revenues while expanding their coverage to more people, and you can't do the second without the first. At least not if you want the insurance companies to stay in business, or let them drive up rates to unaffordable levels.  That system would be even worse than what we had before.
Title: Re: Supreme Court challenge to the ACA
Post by: dragoncar on July 01, 2015, 11:56:05 PM
Thing is, if you really want to go down the rabbit hole of appealing every tiny technicality and typo to SCOTUS, you really basically have admitted you have no useful ideas.

Who is appealing this anyways?  Oh, https://en.wikipedia.org/wiki/Competitive_Enterprise_Institute  What a waste of money
Title: Re: Supreme Court challenge to the ACA
Post by: Arktinkerer on July 02, 2015, 06:35:33 AM
The last three comments have proved my point.  While you may like the ACA, or prefer it to its alternatives, or decry the lack of alternatives, the system has broken down.  We don't discuss and work within the legal framework anymore.  The system is broken from bottom to top.  The SC doesn't just interpret law.  The congress and president give lip service, if that, to the constitution, the public wants what they want by any means needed.

We have the means to change even the legal framework if that is what we want to do.  The Constitution is a good framework but its not sacred.  Still, we refuse to change it or say "It's too hard to change." So we are becoming a lawless society.  The law means whatever they say it means at this moment in time.
Title: Re: Supreme Court challenge to the ACA
Post by: forummm on July 02, 2015, 07:53:13 AM
The last three comments have proved my point.  While you may like the ACA, or prefer it to its alternatives, or decry the lack of alternatives, the system has broken down.  We don't discuss and work within the legal framework anymore.  The system is broken from bottom to top.  The SC doesn't just interpret law.  The congress and president give lip service, if that, to the constitution, the public wants what they want by any means needed.

We have the means to change even the legal framework if that is what we want to do.  The Constitution is a good framework but its not sacred.  Still, we refuse to change it or say "It's too hard to change." So we are becoming a lawless society.  The law means whatever they say it means at this moment in time.

Regarding the bolded, I don't agree. If you want to pick a real example where we are ignoring the law, you would have a good case with warrantless mass surveillance, civil forfeiture, stop and frisk, etc. But the ACA is not that example. You disagreeing with what a law says does not mean that people aren't following it.
Title: Re: Supreme Court challenge to the ACA
Post by: waltworks on July 02, 2015, 07:57:33 AM
Ok, what's your constitutional amendment suggestion that will help with providing health care?

Title: Re: Supreme Court challenge to the ACA
Post by: Arktinkerer on July 02, 2015, 05:15:01 PM
Ok, what's your constitutional amendment suggestion that will help with providing health care?

This will probably decay into a pure political squabble.  If any moderator thinks we should just kill this line of thought or move it to another forum please say so.  Not sure what the limits are around here.

With respect to your question, I think the problem is much deeper and older than that.  The first question is does the Constitution allow the federal government to require or even regulate healthcare?  The question of the limits on the federal government go way back.  The 10th amendment says powers not delegated to the feds belong to the states.  The use of the "general welfare" clause has been stretched so far that there are serious legal scholars claiming the 10th amendment should be treated as a truism by which they really mean ignored.  Either the general welfare clause needs to go or the 10th needs to go.  Since the 10th was the latest modification I would say it takes priority but that's not the way things seem to be going...
Title: Re: Supreme Court challenge to the ACA
Post by: forummm on July 02, 2015, 05:30:13 PM
Ok, what's your constitutional amendment suggestion that will help with providing health care?
The first question is does the Constitution allow the federal government to require or even regulate healthcare? 

This is not a question. SCOTUS has already decided that the federal government can levy a tax on people who do not have health insurance. And similarly with regulation of the industry.
Title: Re: Supreme Court challenge to the ACA
Post by: Arktinkerer on July 02, 2015, 07:24:08 PM
Ok, what's your constitutional amendment suggestion that will help with providing health care?
The first question is does the Constitution allow the federal government to require or even regulate healthcare? 

This is not a question. SCOTUS has already decided that the federal government can levy a tax on people who do not have health insurance. And similarly with regulation of the industry.

So the tenth amendment was repealed when?  Name three areas of our lives that the tenth amendment prohibits the feds from interfering with and reserves to the states.  I can't think of one where the federal government would be barred on just the 10th amendment.
Title: Re: Supreme Court challenge to the ACA
Post by: sol on July 02, 2015, 07:37:40 PM
Name three areas of our lives that the tenth amendment prohibits the feds from interfering with and reserves to the states.  I can't think of one

1.  Driver's licenses
2.  Concealed carry permits
3.  Health care exchanges, unless the state declines to do so in which case the federal government steps in.

That took about nine seconds.  I bet you and I could both think of a few more without trying too hard.
Title: Re: Supreme Court challenge to the ACA
Post by: Cathy on July 02, 2015, 07:51:46 PM
Arktinkerer is apparently making the arguable philosophical point that the rulings of the Supreme Court only reflect the opinion of the Supreme Court, as opposed to being "the law" in some ætheral sense. Earlier in this very thread I implicitly took the opposite position in this debate when I suggested that articles disagreeing with the rulings of the Court did not change the actual state of "the law".

However, some scholars -- including some justices -- would agree with Arktinkerer's position. Thomas J often specially concurs or dissents to allege that the precedents of the Court are wrong and should be ignored. For example, in Preston v. Ferrer (2008), 552 US 346, the question before the Court was whether the Federal Arbitration Act superseded state law that specified the forum for arbitration. Previous decisions of the Court had already ruled that the Act applied to proceedings in state court. Rather than grapple with the question before the Court, Thomas J dissented on the basis on that the Act categorically does not apply in state court proceedings, contrary to the law as determined by the Court.

You might say there is a difference between Thomas J penning a dissent in an actual court case, compared to Arktinkerer posting to this forum, but legally there really isn't. Preston was decided on an 8-1 vote and the dissent of Thomas J has the same legal effect as Arktinkerer's posts here (i.e. none at all).

Regarding the 10th amendment to the US Constitution, it only restates the principle that was codified in the text of the main body of the Constitution; it is not the source of any legal rule itself. The Supreme Court has repeatedly stated that the 10th amendment "added nothing to the [US Constitution] as originally ratified and has no limited and special operation": United States v. Sprague (1931), 282 US 716, 733. The correct question is whether a federal statute is within the powers of Congress; asking instead whether it "violates the 10th amendment" is an unnecessarily indirect way of phrasing the question and implies (incorrectly) that the 10th amendment contains rights of its own, which it does not. The 11th amendment is often similarly misunderstood, but that's a discussion for another post.

As for the federalism concerns relative to healthcare, there are ways to handle healthcare in a federation other than the approach adopted by the legislation commonly referred to as the "Affordable Care Act". Here's an example of a different approach:

The Canada Health Act, RSC 1985, c C-6 (https://www.canlii.org/en/ca/laws/stat/rsc-1985-c-c-6/latest/rsc-1985-c-c-6.html), provides that each province will receive a "cash contribution" if the healthcare system in the province satisfies certain minimum requirements. If a province wants to receive the cash contribution, it can then use whatever approach it wants to bring its healthcare system up to the standards dictated in the federal Act. The Act does not require provinces to do anything (unless they want to receive the cash contribution). The Act also does not impose any requirements on individuals whatsoever.

The actual health care regulation is not a matter of federal law in Canada. For example, Alberta's health care system is authorised by the Alberta Health Care Insurance Act, RSA 2000, c A-20 (http://canlii.ca/t/827h), an Act of the Legislature of Alberta. This approach is actually remarkably decentralised compared to the US approach. The Canada Health Act is only 7 printed pages long and sets out the requirements for the cash contribution in a very broad and open-ended set of terms. The details of health care regulation are instead found in provincial statutes.

It sounds to me like Arktinkerer is basically saying that he prefers the Canadian system of health care regulation to the US one.
Title: Re: Supreme Court challenge to the ACA
Post by: waltworks on July 02, 2015, 08:22:32 PM
The general welfare clause has been widely understood to give the federal gov't a lot of power for a long time. Hard to argue that health care isn't "general welfare" (not to mention plenty of interstate commerce happening there, but I digress).

I guess you could amend things a bunch and basically recreate the articles of confederation, but there's a reason that didn't work out. The constitution was a direct reaction to the federal government NOT having enough power and the states having too much - resulting in a large-scale collective action problem that made the whole thing unworkable.

But let's get back to brass tacks. Say your state has unlimited authority to regulate health care as it sees fit (ala Canada). No federal interference. What do you propose *actually doing*? I don't want political philosophy here, I want "my baby is healthy because I was able to afford/got the vaccinations and health checks she needed, so now she can grow up and contribute to society."

-W
Title: Re: Supreme Court challenge to the ACA
Post by: Arktinkerer on July 03, 2015, 06:00:35 AM
Name three areas of our lives that the tenth amendment prohibits the feds from interfering with and reserves to the states.  I can't think of one

1.  Driver's licenses
2.  Concealed carry permits
3.  Health care exchanges, unless the state declines to do so in which case the federal government steps in.

That took about nine seconds.  I bet you and I could both think of a few more without trying too hard.

Federal government does regulate drivers licenses and defines much of how the health exchanges must work.  While concealed carry permits for citizens are not regulated yet, there are federal laws concerning concealed carry for law enforcement.  But you have entirely skipped the point.  If tomorrow, there were federal laws regulating all three of these in every detail, do you think they could be effectively challenged in court as violations of the 10th amendment?

Title: Re: Supreme Court challenge to the ACA
Post by: Arktinkerer on July 03, 2015, 06:19:50 AM
A more general reply to the two previous comments--

There does seem to be a lot of belief that the supreme court is somehow unerring and all powerful in that once they say something it is totally settled and should/can never be changed.  They are wrong.  They do change.  Much more needs to be changed. 

One more small example that is very anti-mustachian and drives home the overreach and recasting of laws.  Growing hay on my property to feed my own cattle is subject to federal regulation.  This went to the SC who ruled it could be regulated under interstate commerce.  Why?  Because if I grow hay, I won't buy it, and I might have bought it from another state.

For Waltwork's more direct question--I would immediately remove the link between employment and health insurance.  It will take years for the full impact of this to roll thru the system but I believe this is what caused much of our problems in the first place.  People don't know what they pay because almost no one pays directly--providers usually can't even tell you the costs if you ask them.  If they don't know, and don't pay directly, most people are not cost sensitive to the issue.  Second, remove federal regulation and funding on residents (doctors in training).  The federal government tried to limit the growth of medical costs by limiting the number of doctors.  Not the smartest move.

These will take a while to work but should drastically reduce medical costs over time.
Title: Re: Supreme Court challenge to the ACA
Post by: Arktinkerer on July 03, 2015, 06:46:50 AM
Just got one more quick comment before I go to work for Megacorp (a little over one month to go before I pull the plug and go on Obamacare!).  I appreciate Cathy's post.  I would love to discuss that in more detail but I fear I am already drifting from the intent of this thread and, again, I have to go to work!
Title: Re: Supreme Court challenge to the ACA
Post by: waltworks on July 03, 2015, 07:17:01 AM
Yeah, employment should have nothing to do with health care (other than providing salary which you can use to pay for it, if you want). How would you go about doing that? Make it illegal? Or just remove the tax deductibility of benefits for employers?

We're going on ACA in about a month too, cheers!

-W
Title: Re: Supreme Court challenge to the ACA
Post by: forummm on July 03, 2015, 08:24:59 AM
Yeah, employment should have nothing to do with health care (other than providing salary which you can use to pay for it, if you want). How would you go about doing that? Make it illegal? Or just remove the tax deductibility of benefits for employers?

We're going on ACA in about a month too, cheers!

-W

Remove the tax deductibility and the (new via ACA) fee for large employers not providing insurance to employees. It would go away quickly.
Title: Re: Supreme Court challenge to the ACA
Post by: Telecaster on July 03, 2015, 12:41:36 PM
The last three comments have proved my point.  While you may like the ACA, or prefer it to its alternatives, or decry the lack of alternatives, the system has broken down.  We don't discuss and work within the legal framework anymore.  The system is broken from bottom to top.  The SC doesn't just interpret law.  The congress and president give lip service, if that, to the constitution, the public wants what they want by any means needed.

We have the means to change even the legal framework if that is what we want to do.  The Constitution is a good framework but its not sacred.  Still, we refuse to change it or say "It's too hard to change." So we are becoming a lawless society.  The law means whatever they say it means at this moment in time.

I think you are way over stating your case.  Congress clearly meant for there to be functioning insurance exchanges in each state.   There was one phrase that might have suggested something different, but maybe not.   The court looked at it and concluded that Congress meant for there to be functioning insurance exchanges in each state.  Courts make these types of rulings all the time when portions of laws or different laws conflict with each other.   Been that way since day one.

And by the way, your objections as to how laws are made and interpreted by the courts are not indications of a lawless society.   They are indications you don't like the way laws are made and interpreted by the courts.   You might have some good points in there, but they get drowned  in the over-the-top hyperbole.   We're not a lawless nation.  C'mon.   



Title: Re: Supreme Court challenge to the ACA
Post by: Arktinkerer on July 04, 2015, 10:50:39 AM
I think you are way over stating your case.  Congress clearly meant for there to be functioning insurance exchanges in each state.   There was one phrase that might have suggested something different, but maybe not.   The court looked at it and concluded that Congress meant for there to be functioning insurance exchanges in each state.  Courts make these types of rulings all the time when portions of laws or different laws conflict with each other.   Been that way since day one.

And by the way, your objections as to how laws are made and interpreted by the courts are not indications of a lawless society.   They are indications you don't like the way laws are made and interpreted by the courts.   You might have some good points in there, but they get drowned  in the over-the-top hyperbole.   We're not a lawless nation.  C'mon.

Do you really think congress read this before they signed it? Remeber "We have to pass the bill so that you can find out what is in it"? A primary architect (Gruber) of the legislation stated publicly that the clause was intentional to make it financially imperative for states to set up their own exchanges:  "If you're a state and you don’t set up an Exchange, that means your citizens don’t get their tax credits. … I hope that’s a blatant enough political reality that states will get their act together and realize there are billions of dollars at stake here in setting up these Exchanges, and that they’ll do it.” That was in 2012.  Story is different now.  Like the penalty is really a tax even if it says its a penalty in the law and was never discussed as a tax.  It means whatever they want it to mean at this moment in time.

Are we lawless like Somalia?  Not yet.  But we are not following our laws anymore.  Is marijuana illegal?  Colorado says yes, feds say no but they will not enforce the law.  In the country illegally?  We will give you food shelter and medical care. We are still a mostly moral and ethical country but more and more people are breaking laws because they just don't mean much anymore.   The consequences of getting caught matter so we measure what happens if we get caught but we won't do the work to change the laws thru the legislative process.  The top 1% political and economic elite are worst of all.  Laws are for the little people and the laws mean whatever the leaders choose to say they mean at this moment in time. 

Maybe its always been this way and we are now really getting a good blow by blow account of how the country has always been run.  Certainly not the way were indoctrinated, I mean taught, in school.
Title: Re: Supreme Court challenge to the ACA
Post by: Arktinkerer on July 04, 2015, 10:58:55 AM
Yeah, employment should have nothing to do with health care (other than providing salary which you can use to pay for it, if you want). How would you go about doing that? Make it illegal? Or just remove the tax deductibility of benefits for employers?

We're going on ACA in about a month too, cheers!

-W

Any service provided by a business should be taxable as income.  If we want insurance to be deductible it should be at the individual level.  Being an employee should be as close to being a self employed contractor as possible.  Anything more just muddies the waters and makes it a much bigger jump for people to break away from corporations and start their own enterprises.  The employment taxes and laws are also so complex it makes it harder for the small ventures to grow.  Make it simpler all around and I think private enterprise would grow enough to more than make up for all the newly unemployed accountants and tax preparers!
Title: Re: Supreme Court challenge to the ACA
Post by: DavidAnnArbor on July 05, 2015, 10:03:33 AM

we are not following our laws anymore.  more and more people are breaking laws because they just don't mean much anymore.   Maybe its always been this way and we are now really getting a good blow by blow account of how the country has always been run.

The underground railroad, churches sheltering illegal aliens who were fleeing poverty, gay people openly dancing together in mafia run bars in the 1950's, civil disobediance against Jim Crow segregation laws are examples of not following unjust laws that were made by repressive politicians who pandered to whatever it took to get elected.