On July 2, 2013, the Treasury Department announced a major change in the application of the Affordable Care Act (ACA), more popularly known as “Obamacare”:
“We have heard concerns about the complexity of the requirements and the need for more time to implement them effectively…We have listened to your feedback. And we are taking action.
“The Administration is announcing that it will provide an additional year before the ACA mandatory employer and insurer reporting requirements begin.”
[Boldface in the original document.]
In short: The administration allowed employers an additional year to refuse providing healthcare to their employees–or to face fines for not doing so.
And how did Obama’s self-declared enemies react to this effort at compromise?
On July 30, 2013, House Republicans voted to proceed with a lawsuit against the President–for failing to enforce the Affordable Care Act.
“In 2013, the president changed the health care law without a vote of Congress, effectively creating his own law by literally waiving the employer mandate and the penalties for failing to comply with it,” House Speaker John A. Boehner said in a statement.
“That’s not the way our system of government was designed to work. No president should have the power to make laws on his or her own.”
John Boehner
Thus, Boehner intended to sue the President to enforce the law that the House had voted 54 times to repeal, delay or change.
Obama Mistake No. 5: Believing that public and private employers would voluntarily comply with the law.
The ACA requires employers to provide insurance for part-time employees who work more than 30 hours per week. Yet many government employers claim they can’t afford it–and have thus limited part-time workers’ hours to 29 per week instead.
Among those states affected:
- “Our choice was to cut the hours or give [employees] health care, and we could not afford the latter,” Dennis Hanwell, the Republican mayor of Medina, Ohio, said in an interview with The New York Times.
- Lawrence County, in western Pennsylvania, reduced the limit for part-time employees to 28 hours a week, from 32.
- In Virginia, part-time state employees are generally not allowed to work more than 29 hours a week on average over a 12-month period.
President Obama and those who crafted the Act may have been surprised at what happened. But they shouldn’t have been.
Greed-addicted officials will always seek ways to avoid complying with the law–or achieve minimum compliance with it. And what goes for public employers goes for private ones, too.
The Act doesn’t penalize a company for failing to provide health insurance coverage for part-time employees who work fewer than 30 hours.
The result was predictable. And its consequences are daily becoming more clear:
- Increasing numbers of employers are moving fulltime workers into part-time positions;
- Refusing to provide their employees with medical insurance; and
- Avoiding fines for non-compliance with the law.
Some employers have openly shown their contempt for President Obama–and the idea that employers have an obligation to those who make their profits a reality.
One of these is John Schnatter, CEO of Papa John’s Pizza, who has been quoted as saying:
- The prices of his pizzas will go up–by 11 to 14 cents per pizza, or 15 to 20 cents per order; and
- He will pass along these costs to his customers.
John Schnatter
“If Obamacare is in fact not repealed,” he told Politico, “we will find tactics to shallow out any Obamacare costs and core strategies to pass that cost onto consumers in order to protect our shareholders’ best interests.”
If President Obama were truly a student of Realpolitick, he would have predicted that most businesses would try to avoid compliance with the ACA.
And the remedy would have been simple: Require all employers to provide insurance coverage for all of their employees, regardless of their fulltime or part-time status.
This, in turn, would have produced two substantial benefits:
- All employees would have been able to obtain medical coverage; and
- Employers would have been encouraged to provide fulltime positions rather than part-time ones.
The reason: Employers would feel: “Since I’m paying for fulltime insurance coverage, I should be getting fulltime work in return.”
If the President ever considered the merits of this, he decided against pressing for such a requirement.
Obama is one of the most rational and educated men to occupy the White House. So why did he fail to expect the worst in people–especially his self-declared enemies–and arrange to counter it?
Niccolo Machiavelli provides a shrewd insight into the repeated failures of the Obama Presidency.
Niccolo Machiavelli
Writing in The Prince, his classic work on the realities of politics, Machiavelli states:
…He is happy whose mode of procedure accords with the needs of the times, and similarly, he is unfortunate whose mode of procedure is opposed to the times….
If it happens that time and circumstances are favorable to one who acts with caution and prudence he will be successful But if time and circumstances change he will be ruined, because he does not change the mode of this procedure.
Put another way: A conciliator will prosper so long as he works with others willing to compromise. But facing uncompromising fanatics, he will be defeated–unless he can exchange conciliation for confrontation.
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SCRAPPING–OR REVISING–OBAMACARE: PART FOUR (END)
In Bureaucracy, Business, History, Law, Medical, Politics, Social commentary on February 9, 2016 at 12:04 amBarack Obama is one of one of the most highly educated Presidents to occupy the White House.
When he took office, he intended to make healthcare available to all Americans–and not just the wealthiest 1%.
President Barack Obama
But he made a series of deadly mistakes:
Obama is by nature a supreme rationalist and conciliator–not a rough-and-tumble street fighter.
And his career before becoming President in 2008–or even the United States Senator from Illinois in 2004–greatly strengthened this predisposition.
From 1985 to 1988, Obama worked as a community organizer, setting up a job-training program, a college preparatory tutoring program and a tenants’ rights organization.
Such activities demand skills in building consensus, not confrontation.
He then taught at the University of Chicago Law School for 12 years–as a Lecturer from 1992 to 1996, and as a Senior Lecturer from 1996 to 2004, teaching Constitutional law.
University of Chicago Law School
Law professors spend their time in clean, civil classrooms–far removed from the rough-and tumble of criminal defense/prosecution.
If Obama had accused President George W. Bush of conspiring with Al Qaeda–as Republicans have repeatedly accused Obama–retribution would have been swift and brutal.
(On March 10, 2003, nine days before Bush ordered the unprovoked invasion of Iraq, Natalie Maines, the lead singer of the country music band, the Dixie Chicks, told a London concert audience: “We don’t want this war, this violence, and we’re ashamed that the President of the United States is from Texas.”
(A Republican-approved boycott of Dixie Chicks music followed, as well as death threats DJs refused to play their music, and President Bush refused to criticize the KGB-like tactics of his Right-wing supporters.)
Natalie Maines, left, of the Dixie Chicks
But Obama could not–or would not–bring himself to attack his sworn enemies by attacking their own patriotism or invoking Federal criminal statutes against their extortionate and terrorist threats.
In short: Obama–who believes in reason and conciliation–paid the price for allowing his sworn enemies to insult and obstruct him.
Obama Mistake No. 6: Failing to closely study his proposed legislation.
Throughout his campaign to win support for the Affordable Care Act (ACA) Obama had repeatedly promised: “If you like your health insurance plan, you can keep your plan. If you like your doctor, you can keep your doctor. Period.”
But, hidden in the 906 pages of the law, was a fatal catch for the President’s own credibility.
The law stated that those who already had medical insurance could keep their plans–so long as those plans met the requirements of the new healthcare law.
If their plans didn’t meet those requirements, they would have to obtain coverage that did.
It soon soon turned out that many Americans wanted to keep their current plan–even if it did not provide the fullest possible coverage.
Suddenly, the President found himself facing a PR nightmare–charged and ridiculed as a liar. Even Jon Stewart, who on “The Daily Show,” had supported the implementation of “Obamacare,” ran footage of Obama’s “you can keep your doctor” promise.
Jon Stewart
The implication: You said we could keep our plan/doctor; since we can’t, you must be a liar.
As a result, the President found his reputation for integrity–long his greatest asset–shattered.
All of which points to a final warning offered by Niccolo Machiavelli:
Whence it may be seen that hatred is gained as much by good works as by evil….
Former Secretary of State Hillary Clinton says that, if she’s elected President, she will push for incremental changes in the ACA.
Vermont United States Senator Bernie Sanders, on the other hand, has called for the implementation of a single-payer plan. This, in effect, would accomplish what Republicans have spent the last seven years trying to do: Repeal “Obamacare.”
A single-payer plan would prove simpler and more comprehensive than the ACA. But the chances of its passing a Republican-dominated Congress are absolutely zero.
The passage of the ACA was–as the Duke of Wellington said of Waterloo–“a damned, close-run thing.”
Right-wingers like former Alaska Governor Sarah Palin flat-out lied that the ACA would create “death panels.” And millions of reactionaries, furious that a black man now occupied the Oval Office, eagerly believed it.
When Democratic politicians organized town meetings for public discussion of the Act, Rightist hooligans often used violence to break them up.
Republicans remained silent while President George W. Bush lied the nation into a bloody, budget-busting war in Iraq. But they have repeatedly damned the ACA as a lethal drain on the American taxpayer.
Thus, any changes to come in the ACA will have to come as Hillary Clinton proposes, on an incremental basis.
The only thing that can be said with certainty about the ACA is this:
If any Republican wins the Presidency in 2016, the Republican-dominated House and Senate will send him legislation decreeing the death of affordable healthcare for all Americans. And he will of course sign it.
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