Part Four Liberty and Equality June 26 2015
Media and everyone else jumping on their band wagons need to stop painting SCOTUS as a friend of any political party! Congratulate the SCOTUS for doing their dang job and NOT JOINING the political fray! The SCOTUS’ opinion regarding the Affordable Health Care Act hinged on statutory construction. I.e., the “fundamental canon of statutory construction that the words of a statute must be read in their context and with a view to their place in the overall statutory scheme” is the linchpin of the decision. That interpretation in this opinion is primarily based on our right to EQUALITY and separation of powers in the application of the particular statutory scheme-the ACA. See KING ET AL. v. BURWELL, SECRETARY OF HEALTH AND HUMAN SERVICES, ET AL., No. 14–114. Argued March 4, 2015—Decided June 25, 2015.
The Act requires all state and federal Exchanges to “create outreach programs to “distribute fair and impartial information concerning . . . the availability of premium tax credits” (EQUALITY). The Act grants for all individuals an EQUAL right to federal funds no matter in which state they live. In other words, the tax credit (NOT SUBSIDY) is a right for ALL, not just those living in states that have adopted/use the Healthcare Marketplace Exchange (EQUALITY) or those using the federal exchange. The right to a tax credit is based on income and can be doled out each month as partial payment of the health insurance premium amount. If insurance is cancelled or income increases, the right to the credit ends. Then, the Act ensures that pre-existing conditions and the community in which you live cannot be a basis for denial of health insurance (EQUALITY).
As a user of the Marketplace Exchange who makes too much taxable income to receive a tax credit, I know first hand of the best way the ACH can be fixed. BETTER COMMUNICATION! The state and federal administrative agencies must improve their communication with the insurance companies. In your search for health insurance, the premiums and forms used by the Exchanges and insurance agents are the same. You are eligible for the tax credit no matter Exchange you use to find that policy. Again, equal application. However, neither Exchange has specific enough details about a health plan's coverage. They only have what the insurance companies provide. Insurance companies are changing the policies each year to get to whatever profit margin they need to make money on unsuspecting new insureds. The Exchange sends your name to a wide list of insurance agents in your state that represent the policy you chose, primarily based on the few sorts the online information provides. Insurance agents are not as familiar with all the plan details and provider directories as they should be. You could end up with a great rate on premiums for a health plan that doesn't cover your specific health issues. Agents do not have enough knowledge/experience to truly explain particular coverage for any benefit listed on the brief info you get during your search. Just beware of both types of Exchanges, do your own research, and CALL several insurance companies. Contact me if you want the IRS form regarding the TAX CREDIT to see how it operates.
As a user of the Marketplace Exchange who makes too much taxable income to receive a tax credit, I know first hand of the best way the ACH can be fixed. BETTER COMMUNICATION! The state and federal administrative agencies must improve their communication with the insurance companies. In your search for health insurance, the premiums and forms used by the Exchanges and insurance agents are the same. You are eligible for the tax credit no matter Exchange you use to find that policy. Again, equal application. However, neither Exchange has specific enough details about a health plan's coverage. They only have what the insurance companies provide. Insurance companies are changing the policies each year to get to whatever profit margin they need to make money on unsuspecting new insureds. The Exchange sends your name to a wide list of insurance agents in your state that represent the policy you chose, primarily based on the few sorts the online information provides. Insurance agents are not as familiar with all the plan details and provider directories as they should be. You could end up with a great rate on premiums for a health plan that doesn't cover your specific health issues. Agents do not have enough knowledge/experience to truly explain particular coverage for any benefit listed on the brief info you get during your search. Just beware of both types of Exchanges, do your own research, and CALL several insurance companies. Contact me if you want the IRS form regarding the TAX CREDIT to see how it operates.
