Author Topic: ObamaCare law NEVER authorized HHS to issue waivers  (Read 833 times)

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Offline IronDioPriest

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ObamaCare law NEVER authorized HHS to issue waivers
« on: June 07, 2011, 09:39:33 AM »
Unconstitutional, tyrannical, AND illegal.

Obamacare waivers weren’t in original law, appearance of political favors persists

The Daily Caller has learned the Department of Health and Human Services (HHS) never had the authority to issue waivers from Obamacare’s annual limit requirements.

Language granting HHS that power was never in the original law. Instead, through new rules and regulations, HHS gave itself the power last summer using a broad interpretation of certain parts of the law.

The annual limit requirement waivers exempt recipients for one year from having to increase the amount of health care coverage they provide their workers. Each year between now and 2014, the minimum annual limit rises to a new, higher amount. Though the waivers are only for one year, recipients can reapply and be re-approved every year through 2014.

Heritage Foundation health policy expert Edmund Haislmaier said HHS “exceeded its statutory authority” by issuing such waivers.

“The first problem is that it appears HHS has exceeded its statutory authority in creating this waiver process,” Haislmaier said in testimony before the House Oversight Committee’s subcommittee on Health Care. “The statute does not explicitly grant HHS authority to waive the application of this provision. In contrast, I count twenty-one other sections of PPACA [Patient Protection and Affordable Care Act] in which Congress did grant HHS explicit, new waiver authority with respect to specific provisions. Thus, it is reasonable to presume that if Congress had intended the department to institute a waiver process as part of its implementation of this particular provision, Congress would have said so in the statute.”

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Read the entire disgusting thing at the link.
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Offline LadyVirginia

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Re: ObamaCare law NEVER authorized HHS to issue waivers
« Reply #1 on: June 07, 2011, 11:15:27 AM »
pretty much how every other regulation works

people working in government buildings come up with this stuff and we're left trying to fight it
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Offline Libertas

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Re: ObamaCare law NEVER authorized HHS to issue waivers
« Reply #2 on: June 07, 2011, 11:34:43 AM »
I've said all along the proglodytes don't give a damn about the law or our constitution, sure do wish more people across the land would also see that sad reality and get pissed off enough to help us do something about it before we wake up in a fricken concentration camp!
We are now where The Founders were when they faced despotism.

Offline Glock32

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Re: ObamaCare law NEVER authorized HHS to issue waivers
« Reply #3 on: June 07, 2011, 11:36:38 AM »
If liberty truly dies and the USA ceases to exist as it once did, it will be because the people's duly elected representatives ceded their just authority to a regime of unelected bureaucrats. It has gotten completely out of hand. The Congress' power should not be so broad and ambiguous that it can turn loose an executive agency onto an entire abstract realm of activity with carte blanche to make up rules as it sees fit.

There is, of course, a legitimate role for the delegation of authority to an agency which oversees some narrowly defined activity and does so using specialist knowledge when and where appropriate; but it is a whole other matter when that delegation of authority becomes broad, open-ended, and without limit. Nobody elects these bureaucrats, yet they rule over us with all the same powers as an elected lawmaker enacting statutes. So where is the line between legitimate and tyrannical delegation of powers? Well, when the Federal government has so inserted itself into your personal lives that it can tell you what kind of crapper you're allowed to sit on, that's when you know you're way past that line.
« Last Edit: June 07, 2011, 11:48:37 AM by Glock32 »
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Offline IronDioPriest

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Re: ObamaCare law NEVER authorized HHS to issue waivers
« Reply #4 on: June 07, 2011, 11:47:58 AM »
As I've stated before, it's going to take a state - or perhaps a state/corporate or state-on-behalf-of-citizens - refusal to recognize regulatory authority, citing the undeniable fact that no law has been passed by the legislature and signed by an executive granting the power to do or control "X".

If ObamaCare waivers are not in the law, they are illegal. Period.
"A strict observance of the written laws is doubtless one of the high duties of a good citizen, but it is not the highest. The laws of necessity, of self-preservation, of saving our country when in danger, are of higher obligation. To lose our country by a scrupulous adherence to written law, would be to lose the law itself, with life, liberty, property and all those who are enjoying them with us; thus absurdly sacrificing the end to the means."

- Thomas Jefferson

Offline Glock32

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Re: ObamaCare law NEVER authorized HHS to issue waivers
« Reply #5 on: June 07, 2011, 11:57:57 AM »
Absolutely. While ObamaCare should be quashed with prejudice because it is an unconstitutional usurpation of power by the Federal government, another line of attack on it should be the demand that its onerous burdens apply to everyone. No handing out exemptions like some sort of party favors to VIPs, while all the ordinary people are kept behind the fuzzy velvet ropes.
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Offline BMG

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Re: ObamaCare law NEVER authorized HHS to issue waivers
« Reply #6 on: November 29, 2011, 01:56:52 PM »
http://thehill.com/blogs/healthwatch/health-reform-implementation/195663-obama-administration-rejects-republican-states-health-waiver-requests

Quote
The Obama administration on Monday rejected two states’ requests for waivers from the healthcare reform law.

The decision could rekindle the controversy over the waiver process, as the two states that were turned down, Indiana and Louisiana, have Republican governors. GOP leaders at the state level have been extremely critical of the healthcare law and the requirements that it imposes on states.

Quote
To date, HHS has granted waivers to seven states: Maine, New Hampshire, Kentucky, Nevada, Iowa, Georgia and Wisconsin. The department has denied them to Delaware and North Dakota.

The department is currently reviewing applications from six other states: Florida, Kansas, Michigan, Texas, Oklahoma and North Carolina.

Guam had also applied for a waiver, but HHS determined the U.S. territory's insurers were so small they don't have to comply with the new rules.
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Offline Libertas

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Re: ObamaCare law NEVER authorized HHS to issue waivers
« Reply #7 on: November 29, 2011, 02:51:28 PM »
Conditioned to be a bureaucrats bitch, much?!

 ::facepalm::
We are now where The Founders were when they faced despotism.

Offline Damn_Lucky

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Re: ObamaCare law NEVER authorized HHS to issue waivers
« Reply #8 on: November 29, 2011, 07:34:32 PM »
And when did you expect anybody in this Administration to CARE about Laws.
A nation of sheep will beget a government of wolves - Edward R. Murrow

Offline Libertas

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Re: ObamaCare law NEVER authorized HHS to issue waivers
« Reply #9 on: November 30, 2011, 07:40:00 AM »
The Regime is the Law, and nobody has the stones to say any different.

This is what tyranny looks like.
We are now where The Founders were when they faced despotism.