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Mon Nov 19, 2012, 12:31 PM

Rant: who was the moron who drafted the ACA such that states can opt out automatically? [View all]

http://www.nytimes.com/2012/07/08/us/critics-of-health-care-law-prepare-to-battle-over-insurance-exchange-subsidies.html?_r=0

The geniuses who drafted the statute never considered the possibility that states would actually refuse to set up an exchange. Or, rather, they never addressed the consequences of that in drafting the legislation.

Long story short, they only authorized/appropriated money for subsidies to low income people in state run exchanges. If the state doesn't set it up and run it, there can be a federal exchange, but there will be no federal subsidies. None. Zilch.

And, good luck enforcing the mandate with no subsidies.

Which means that any state that refuses to set up an exchange can pretty much opt out of the ACA. It's a de facto waiver for all 50 states.

This is criminal incompetence.

And yeah yeah, they can go to court and argue legisliative intent, but do you really think the Roberts SCOTUS is going to go out of its way to ignore the plain language of the statute?

Sorry, folks who live in places like Wisconsin and Texas, no Obamacare for you.

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