Since our current GOP leadership does not have the political will to defund Obamacare and have funded it willingly in every CR – Continuing Resolution – since early 2011. Where we should be concentrating our efforts is on making sure that there is no money appropriated for federally-facilitated HIX – Health Insurance Exchanges. As it stands now, 27 states have rejected state-based health insurance exchanges. When a state rejects a state-based exchange, the PPACA legislation allows HHS to usurp our 10th amendment rights – as Kathleen Sebellius is doing in Texas – and establish a federally-facilitated exchange in that state whether the state legislature wants it or not. Section 1311 of the PPACA outlines the powers granted to the IRS to provide APTC – Advance Premium Tax Credits – that will be used to artificially lower the massive cost of health insurance in the exchanges. Tied to those APTC’s is also the power allotted to the IRS to penalize employers in that state (with 50 or more full-time employees) $2,000 or $3,000 per employee (first 30 employees waived). This is a LOT of new power granted to the IRS and this is the reason the IRS is hiring thousands of new agents.
However, section 1321 describes federally-facilitated exchanges that will be established in all 27 states that have rejected a state-based exchange. In these exchanges, the IRS is granted no such authority. In these federally-facilitated exchanges, the IRS has no power to provide APTC’s OR to penalize ANY employer in that state. Now, since the crafters of the PPACA assumed that every state would willingly establish a state-based exchange, there was NO money appropriated for federally-facilitated exchanges. And, here’s the kicker, in late 2011 the IRS simply wrote new law to empower themselves to be able to offer APTC’s and penalize employers in all 27 states that have wisely rejected a state-based exchange. Not only is this illegal since the IRS is not a Legislative branch but President Obama is planning on following that new law that was written by the IRS. Watch Michael Cannon of CATO discuss this issue below:
This illegal action and President Obama’s support of it has prompted the Oklahoma Attorney General E. Scott Pruitt to amend his lawsuit to include a section that sues the IRS for illegally writing new law and granting itself power that it was not granted in the PPACA as originally written. There have been zero funds appropriated for these federally-facilitated exchanges. And, it is up to us to sound the clarion horn to make sure every American knows this illegal action was taken by the IRS and to make sure that no debt ceiling deal, no CR and no bill is allowed to pass that provides funding for these federally- facilitated exchanges. Read more about Mr. Pruitt’s lawsuit here.
Further details about the IRS writing new law empowering themselves without Congressional approval for Champion News: