Obama's Fix for a Political Problem Stirs Legal Question

From The Wall Street Journal:

President Barack Obama's health-care fix may salvage a political promise to let Americans keep cheaper health plans if they like them. Whether he has the legal authority to do so, however, could be a tougher question.

While the Affordable Care Act grandfathers some existing policies as written, it also sets new requirements for policies issued on or after Jan. 1, 2014. That spurred carriers to inform millions of consumers with plans that fell short of the new rules that their policies couldn't be renewed after they expire.

The provision was intended to improve health-care coverage across the board, and some of those affected, mainly older or lower-income consumers who buy coverage on their own, say they have found cheaper or better coverage through the insurance marketplaces the Affordable Care Act established. Some consumers are about to get the federal government's help in paying their premiums.

But many others say they would prefer to keep their existing plans, and have reacted with outrage at what they consider a broken promise to let them do just that.

 

Republican critics of the health law have characterized the cancellations as indicative of wholesale problems with the law—and suggested that Mr. Obama lacks the power to delay enforcement of higher coverage standards when the statute itself sets a specific date for their application.