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View Diary: Republicans: No health insurance for you (96 comments)

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  •  The law (0+ / 0-)

    Citing the relevant section, in Part 2, SEC. 1321 [42 U.S.C. 18041]

    (c) FAILURE TO ESTABLISH EXCHANGE OR IMPLEMENT REQUIREMENTS.—
    (1) IN GENERAL.—If—
    (A) a State is not an electing State under subsection (b); or
    (B) the Secretary determines, on or before January 1, 2013, that an electing State—
    (i) will not have any required {Exchange} operational by January 1, 2014; or
    (ii) has not taken the {{actions}} the Secretary determines necessary to implement—
    (I) the other {{{requirements}}} set forth in the standards under subsection (a); or
    (II) the {{{requirements}}} set forth in subtitles A and C and the amendments made by such subtitles;
    the Secretary shall (directly or through agreement with a not-for-profit entity) establish and operate {such Exchange} within the State and the Secretary shall take {{such actions}} as are necessary to implement {{{such other requirements}}}.
    I marked co-referents with a matching number of braces. So “such Exchange” refers to the exchanges required in this act; “such actions” are those necessary to implement “such requirements”, which are those listed in subsection (a) and in subtitles A and C.

    In case you are wondering, subsection (a) goes like this:

    (a) ESTABLISHMENT OF STANDARDS.—
    (1) IN GENERAL.—The Secretary shall, as soon as practicable after the date of enactment of this Act, issue regulations setting standards for meeting the requirements under this title, and the amendments made by this title, with respect to—
    (A) the establishment and operation of Exchanges (including SHOP Exchanges);
    (B) the offering of qualified health plans through such Exchanges;
    (C) the establishment of the reinsurance and risk ad- justment programs under part V; and
    (D) such other requirements as the Secretary determines appropriate.
    The preceding sentence shall not apply to standards for requirements under subtitles A and C (and the amendments made by such subtitles) for which the Secretary issues regulations under the Public Health Service Act.
    What's cool about this is that among the requirements listed in subsection (a) is is (a)(1)(D), which is a wild card: “such other requirements as the Secretary determines appropriate”.

    Therefore, unless it is specifically prohibited by law or is unconstitutional (neither of which is the case AFAIK), the Secretary can, under this law, determine that in order to meet the requirements under this title, it is appropriate that the exchanges created under subsection (c) function exactly like state-operated exchanges, and specifically that they must offer the subsidies in question. Which in fact would be a perfectly logical, reasonable, and expected determination.

    Or so it seem to me, on a careful reading of the law.

    •  Thank you. That's how it seems to me, too. (0+ / 0-)

      I kind of thought this was just more misdirection from the Republicans and the traditional media.

      That said, that still won't prevent Republican governors from suing once again to try to keep people in their states from getting healthcare, and we don't have any way of knowing how the Supreme Court will rule on this.

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