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  • Issue Brief posted July 23, 2015 by Edmund F. Haislmaier, Nina Owcharenko States Should Start Planning Now for the Post-ACA World

    When the Supreme Court handed down its decision in King v. Burwell upholding the Obama Administration’s interpretation of the law, some concluded that the intense debate over the Affordable Care Act (ACA or Obamacare) was coming to an end. Not surprisingly, President Barack Obama encouraged that interpretation in his response to the Court’s decision, saying that “the…

  • Commentary posted June 29, 2015 by Robert E. Moffit, Ph.D. America's Obamacare Nightmare Is Just Beginning

    Today the U.S. Supreme Court ruled that the federal government could continue to subsidize health-insurance coverage through Healthcare.gov, the federal exchanges. An ecstatic President Obama declared that Obamacare is “here to stay.” No, it’s not. A judicial victory doesn’t automatically translate into a political victory, let alone a policy success. Once they’ve…

  • Commentary posted June 29, 2015 by Robert E. Moffit, Ph.D. Shed sunshine on ObamaCare's subsidies for Congress

    Sen. David Vitter (R-La.) has a simple question: How and why did Congress qualify as a "small business" eligible for special taxpayer subsidies under the Affordable Care Act (ACA)? For anyone in a real small business — private employers who get no such subsidies — the very idea is absurd. But getting a straight answer is as difficult as getting Lois Lerner's IRS…

  • Commentary posted June 29, 2015 by Nina Owcharenko Counterpoint: Ruling doesn't change unworkable and unaffordable Obamacare

    The Supreme Court’s ruling on Obamacare is a disappointment for the rule of law and for states that have fought to keep its flawed policies at bay. While the administration and Obamacare supporters attempt to convince the American people that it is now smooth sailing for Obamacare, nothing could be further from the truth. The law’s flawed foundation continues to make…

  • Backgrounder posted May 28, 2015 by Alyene Senger, Robert E. Moffit, Ph.D. Medicare Advantage Under the ACA: Replace Payment Cuts with Market-Based Reforms

    Medicare Advantage (MA) offers seniors the option of private health plans as an alternative to traditional Medicare. The private plans in Medicare Advantage provide more comprehensive coverage and are typically more generous that traditional Medicare. Today, more than 30 percent of Medicare beneficiaries are enrolled in an MA plan. The Affordable Care Act of 2010 (ACA),…

  • Backgrounder posted May 18, 2015 by John Grimsley, John S. O'Shea, M.D. The New Disease Classification (ICD-10): Doctors and Patients Will Pay

    On October 1, 2015, a new standardized system of classifying disease will be imposed on practicing physicians and others in the health care sector. The World Health Organization’s (WHO) International Classification of Diseases (ICD) is a system of diagnostic codes established for defining and reporting disease, identifying global health trends and collecting global…

  • Commentary posted May 5, 2015 by Robert E. Moffit, Ph.D. A Health Care Revolution on Private Exchanges?

    Employers, not politicians, can spark a health-care revolution. For many years employers have struggled with providing health insurance to workers and their families. Competing for high-skilled workers typically requires offering fairly comprehensive benefits (valued at an average of $6,000 for an individual in 2014). Public-sector employers — states and municipalities —…

  • Issue Brief posted May 4, 2015 by Edmund F. Haislmaier, Drew Gonshorowski Responding to King v. Burwell: Congress’s First Step Should Be to Remove Costly Mandates Driving Up Premiums

    The Supreme Court is expected to issue its decision in King v. Burwell before the end of June. Should the Court reject the Obama Administration’s regulatory interpretation of the provisions of the Affordable Care Act (ACA) at issue in the case, the Treasury would be barred from paying health insurance subsidies to individuals who obtained coverage thorough Healthcare.gov,…

  • Commentary posted April 21, 2015 by Robert E. Moffit, Ph.D., Paul Winfree Oops, Congress Failed Again: A Missed Opportunity to Fix Medicare

    The new Congress isn’t getting Washington’s crazy spending under control. In fact, it’s just made it worse. By enacting the Medicare Access and CHIP Reauthorization Act (H.R. 2), lawmakers yesterday increased the nation’s deficits by $141 billion over the next ten years and guaranteed even larger debt beyond that. So much for their formal commitments and resolutions to…

  • Commentary posted March 30, 2015 by Alyene Senger Are we better off now, five years into Obamacare?

    Obamacare just passed its fifth anniversary as a law, but don't be surprised if you didn't hear much about it. After all this time, polls show the public still doesn't like it. Results are more important than perception, of course. So let's ask: If Obamacare is measured on four important metrics - cost, coverage, competition and choice - are we better off now? Cost.…

  • Issue Brief posted March 30, 2015 by Edmund F. Haislmaier King v. Burwell: A Loss of Subsidy Does Not Mean a Loss of Coverage

    An important distinction is getting lost in commentary on the possible effects of a Supreme Court decision in the case of King v. Burwell. It is the distinction between how the Court’s ruling would affect “insurance subsidies” versus how it would affect “insurance coverage.” Should the Court reject the Obama Administration’s regulatory interpretation of the provisions of…

  • Issue Brief posted March 5, 2015 by Edmund F. Haislmaier King v. Burwell: What State Lawmakers Should Do

    State lawmakers—particularly those in states that would be affected by a Supreme Court ruling against the Obama Administration in the King case—should take steps to encourage Congress to put forth a legislative response to the case, specifically by exempting affected states from the costly Obamacare rules, regulations, and mandates.[1] Reject a State Exchange State…

  • Issue Brief posted February 27, 2015 by Nina Owcharenko, Edmund F. Haislmaier King v. Burwell: An Opportunity for Congress and the States to Clear Away Obamacare’s Failed Policies

    On March 4, the Supreme Court will hear oral arguments in King v. Burwell—a case challenging the Obama Administration’s IRS ruling granting premium support subsidies to those enrolled in federal exchanges under the Affordable Care Act (ACA). While a ruling against the Administration would preclude paying those subsidies to individuals who obtain coverage through the…

  • Commentary posted February 26, 2015 by Robert E. Moffit, Ph.D. ObamaCare — Why, sure, it's 'paid for'

    Republican Senate Budget Committee analysts reported last week that the Patient Protection and Affordable Care Act (ACA) — a.k.a. ObamaCare — would increase the federal deficit by $131 billion over the period from 2015 to 2024. Drew Hammill, a senior aide to House Minority Leader Nancy Pelosi (D-Calif.), dismissed the report as "complete garbage." Name-calling is no…

  • First Principles Series Report posted February 25, 2015 by Robert E. Moffit, Ph.D. Federalism and Freedom: Orestes Brownson’s Case for the Federal Constitution

    Over the past 100 years, conservatives and Progressives have battled over the meaning and relevance of the U.S. Constitution. Many of these disagreements have focused especially on the relationship between the federal government and the states. Progressives old and new have long dismissed states’ powers as annoying relics of a bygone era. Progressives assert that…