Tag: regulation

Among many other valid points, the Wall Street Journal notes the “lawless” nature of the Obama administration’s announcement yesterday that it will not enforce one legal requirement of Obamacare in 2013.

7:49 pm

The law is such an inconvenient thing: Among many other valid points about the disaster that is Obamacare, the Wall Street Journal notes the “lawless” nature of the Obama administration’s announcement yesterday that it will not enforce one legal requirement of Obamacare in 2013.

This selective enforcement of laws has become an Administration habit. From immigration (the Dream Act by fiat) to easing welfare reform’s work requirements to selective waivers for No Child Left Behind, the Obama Administration routinely suspends enforcement of or unilaterally rewrites via regulation the laws it dislikes. Now it is doing it again on health care, without any consultation from, much less the approval of, Congress.

Sadly, this contempt for the law is becoming rampant. Worse, though the Democrats have generally been the worst offenders, this contempt has not been a partisan affair. Republican politicians have participated as well.

And who will suffer? Not the politicians. It will be the ordinary innocent citizens, who merely want to live their lives freely without hindrance, who will pay the cost.

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The White House today announced that it is delaying until 2015 the requirement in Obamacare that companies with more than 50 employees offer health insurance.

4:27 pm

The Obama administration finds out what’s in it: The White House today announced that it is delaying until 2015 the requirement in Obamacare that companies with more than 50 employees offer health insurance.

The law requires companies that employ 50 or more workers to offer coverage or face fines. The Treasury Department and the White House said that, based on complaints by employers that the system for reporting the coverage was too onerous, they would simplify that system and give employers an additional year to comply. “We have heard concerns about the complexity of the requirements and the need for more time to implement them effectively,” Mark J. Mazur, the assistant secretary for tax policy at the Treasury Department, said in a statement posted online. “We have listened to your feedback. And we are taking action.”

The mandate was originally set to kick in for 2014, but will now start in 2015. The decision effectively means that penalties that would have been assessed against non-compliant businesses will be delayed until 2015. The administration encouraged employers to provide insurance anyway.

In other words, they are finally discovering what everyone on the right has been saying for three years: Obamacare is an unworkable law that is also killing business and industry. Look for increasing numbers of Democrats willing to join with the Republicans to repeal is incredibly stupid law.

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Two reports issued today have concluded that implementation of Obamacare by the federal government is behind schedule.

9:17 am

Two reports issued today have concluded that implementation of Obamacare by the federal government is behind schedule.

I’m not surprised, considering the opposition to the law combined with its draconian complexity. Even angels — with to cooperation of God and everyone else — would have trouble implementing this mess. Without that cooperation is will be next to impossible.

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A recap of the broken promises of Obamacare.

9:58 am

A recap of the broken promises of Obamacare.

Most of these will be familiar to regular readers of Behind the Black, though the article lays them out very clearly. However, this one is a new one to me:

If your state ran a program to help the uninsured, that’s also a violation, because Insurance is what the ACA is all about. It’s a mandate that you purchase insurance. Any unique solutions generated in one of our 50 incubators must stop even if they have served people well, because they will be in violation of the Affordable Care Act. One of the most successful state Medicaid systems was denied a waiver by the Obama administration despite its proven track record. The worst part of one-size-fits-all solutions is that they are tailored for no one. [emphasis in original]

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A Democratic Congressman thinks it “is simply not fair” to make his staffers subject to Obamacare like everyone else.

9:31 pm

My heart bleeds: A Democratic Congressman thinks it “is simply not fair” to make his staffers subject to Obamacare like everyone else.

The problem it seems is that

Dozens of lawmakers and aides are so afraid that their health insurance premiums will skyrocket next year thanks to Obamacare that they are thinking about retiring early or just quitting. The fear: Government-subsidized premiums will disappear at the end of the year under a provision in the health care law that nudges aides and lawmakers onto the government health care exchanges, which could make their benefits exorbitantly expensive.

Well, ain’t that just too damn bad. As I say, my heart bleeds.

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Under Obamacare it looks like health insurance will be unaffordable for most low wage workers.

12:57 pm

Finding out what’s in it: Under Obamacare it looks like health insurance will be unaffordable for most low wage workers.

I guess that’s why Obama and the Democrats officially named Obamacare the “Patient Protection and Affordable Care Act”. Like most badly written government laws, it is achieving exactly the opposite of its intentions.

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A researcher of fuel cells, manhandled and arrested because he used the wrong mailing labels in selling and shipping sodium to fund his research, was then targeted by the EPA because he wasn’t home to maintain his sodium supplies.

6:16 pm

We’re here to help you: A researcher of fuel cells, manhandled and arrested because he used the wrong mailing labels in selling and shipping sodium to fund his research, was then prosecuted by the EPA because he wasn’t home to maintain his sodium supplies.

On May 27, 2004, federal agents in two black SUVs, waving assault rifles, forced Krister’s car off the road. Manhandling him as if he were a terrorist, they arrested, interrogated, and jailed him. For what? Putting the wrong shipping label—with the correct instructions, mind you—on a box of raw sodium that he sold on eBay.

A jury saw that it was an honest mistake and found Krister “not guilty.” But while Krister was on trial, sodium from his experiments sat in steel drums at an industrial warehouse. The Environmental Protection Agency learned of the additional sodium, determined that Krister had “abandoned” it, and charged him with a federal crime.

Although Krister’s expert witness testified that the sodium was stored properly, a jury found Krister guilty. He served 13 months in federal prison and eight more in a halfway house.

So, what did he do that was morally wrong? Nothing. Not that this matters to our lovely federal government. He did not obey their rules to the letter, even when they themselves made it impossible for him to do so. Thus, he must be destroyed.

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The red tape of the space bureaucracy

1:13 pm

“An article in the Economist today has some chilling conclusions about the difficulties faced by the new commercial space companies.

Although the cost of developing new space vehicles, products and services is high, just as much of a burden can be imposed by such intangible expenses as regulatory compliance, legal fees and insurance premiums.

The article points out the heavy cost to these new space companies caused by insurance requirements and government regulation, including the ITAR regulations that restrict technology transfers to foreign countries. However, this paragraph stood out to me as most significant:

Then there is the question of vehicle certification. The first private astronauts and space tourists may soon take to the skies in new launch vehicles, and the FAA has initially agreed to license commercial spacecraft without certifying, as it does for aircraft, that the vehicles are safe to carry humans. The idea is that specific safety criteria will become apparent only once the rockets are flying and (though it is rarely admitted) an accident eventually happens. This learning period will keep costs down for makers of the new spacecraft, even if significant compliance expenses are likely when it is over. The exemption was meant to have expired last year and was extended to the end of 2015. Commercial space companies are understandably keen for it to be extended again. “In the dawn of aviation, planes had 20 to 30 years before significant legislation applied,” says George Whitesides, the boss of Virgin Galactic.

Back in 2004 I noted in a UPI column the problems caused by these regulations, even as they were being written. (I had also done something at the time that few reporters ever do: I actually read the law that Congress was passing.) Then I said,
» Read more

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According to Ohio’s Insurance Department, Obamacare will cause healthcare rates to rise next year by 88 percent.

9:55 am

Finding out what’s in it: According to Ohio’s Insurance Department, Obamacare will cause healthcare rates to rise next year by 88 percent.

What are the drivers of the increase? According to Milliman, the two biggest drivers are (1) risk pool composition changes, such as forcing the young to subsidize the old, and the healthy to subsidize the sick; and (2) Obamacare’s required expansion of insurance benefits, particularly its mandated reductions in deductibles and co-pays.

This is a significant concept to understand. Some people have the impression that the main reason that rates are going up under Obamacare is because of the law’s requirement that insurers cover people with pre-existing conditions. But that accounts for only a fraction—around a quarter—of the rate hike. The rest comes from all the other things that Obamacare does, such as forcing people to buy richer insurance benefits; to buy products with all sorts of add-ons they might not need; to pay Obamacare’s premium tax; and to pay a lot more, if they’re young, to subsidize older individuals.

In other words, you won’t be able to buy the plan you want. Obamacare forces you to buy a more expensive plan, even if you don’t need it.

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