Rewriting Obamacare

The Affordable Care Act is usually called Obamacare because it is the signature piece of legislation for President Obama. But there is another reason it deserves that designation. President Obama has been rewriting Obamacare every few months.

The latest change was announced last week. The president and his administration have decided to delay the law’s employer mandate for another year for mid-size businesses. But there is a catch. These employers cannot lay off workers or cut worker’s hours.

Many businesses have already cut workers’ hours and stopped hiring because of the Obamacare mandates and regulations. Last year, the Obama administration delayed employer mandates by a year. Now mid-size businesses get another year reprieve as long as they meet certain requirements. One of the most important is the promise not cut or layoff workers due to the Obamacare mandates. In other words, don’t blame Obamacare for any changes you make due to these mandates.

The delay arrived just days after the Congressional Budget Office report explained that the health care law would drive more than 2 million people out of the workforce. The ongoing debate about that report and the constant drumbeat of stories about people losing their health insurance doesn’t play well in an election year.

It is possible that the employer mandate might be indefinitely suspended for some jobs. The new rule relaxes the mandates for certain occupations like volunteer firefighters, teachers, adjunct faculty members and seasonal employees. The Obama administration says it “will consider whether it is necessary to further extend” the rule. Stay tuned. The president and his administration may suspend the law indefinitely if they feel it is necessary.

This latest rewrite of the health care law reminds us that the president and his administration are changing requirements and postponing implementation. All of this is being done without statutory authorization. Changing and rewriting the law is supposed to be a function of Congress. Instead, Obamacare means whatever President Obama says is does on any given day.

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