Obamacare Delays Only Postpone Burdens

It has been more than six months since the Obamacare online exchanges opened and I continue to hear from Nebraskans about the problems and price increases they are experiencing because of the law. While the President has refused to work with Republicans on solutions to ease the burden on hardworking families, the Administration has been busy issuing delays which only postpone further complications and hardships.

There are currently 22 delays to the Affordable Care Act which have been issued by the Administration without the consent of Congress, even though in several cases they directly contradict the text of the law. The most recent delay is to give individuals more time past the March 31 deadline to enroll in the exchanges if they experienced technical problems because of the glitch-filled website. Because it is difficult to show whether individuals actually had problems, eligibility for this delay is being enforced by an “honor system.”

I have supported multiple efforts in the House of Representatives to delay the individual mandate to purchase insurance for a year. This is the same flexibility the Administration has already extended to large businesses by delaying the employer mandate. But the White House has actually threatened to veto these bills, while implementing similar policies without the consent of Congress.

I was disappointed this week during a Ways and Means Health Subcommittee hearing when I asked a senior official at the Department of the Treasury if the Administration would consider legislation to delay the employer mandate tax penalty. He responded by saying the Treasury Department believes it already has the authority to implement these changes. I strongly disagree.

The American people are better served by the federal government when we follow the system of checks and balances envisioned by our founders and defined by the Constitution. It is the President’s responsibility to execute the law. Changes to law must be passed by Congress. Selective enforcement of the law sets a very dangerous precedent and undermines our system of checks and balances.

Even while keeping Obamacare enrollment open past the stated deadline, the Administration claims to have only signed up around 7 million Americans for health insurance through the exchanges. However, analysts are predicting only a fraction of these enrollees previously did not have insurance, most likely have higher health care costs, and many may not have made their first premium payment. If accurate, premiums and health care costs would go up even further next year.

I would still prefer to repeal this law and pass market- and patient-centered reforms to lower cost and expand access to care. These ideas are unlikely to pass the current U.S. Senate or be signed by the current President, but in the meantime, I would hope there is an opportunity to work together to ease burdens in a manner consistent with the Constitution. To prevent further disruptions in the health insurance market and the continuing price increases, the President and the Administration should work with, not around, Congress to find common ground and solutions.