Defunding ObamaCare Wouldn’t Actually Defund ObamaCare

pic_giant_083013_SM_How-to-Defund-ObamacareThe law’s biggest programs, like the new online marketplaces and health insurance subsidies, would by-and-large move forward without much hindrance at all.

That’s the take from the Congressional Research Service, which looked into the issue last summer, when Republicans began talking about shutting down the government rather than funding ObamaCare…

The law uses mandatory funds for its really big programs. That includes the new online marketplaces, known as exchanges, where uninsured people will be able to shop for coverage. The Medicaid expansion is funded with mandatory funding, as are the billions in federal tax credits to help with purchasing coverage.

Those mandatory funds were appropriated in the Affordable Care Act and, without repealing ObamaCare, legislators cannot touch them. Even in the face of a government shutdown, this is the spending that sticks around. (Sarah Kliff)

Comments (12)

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  1. BHS says:

    Just another illustration of how impossible it is to do away with programs like this once they are signed into law.

  2. Mcc says:

    I try to live by the motto, “lead by example.” I truly believe that our federal government should do the same.

    Key-point: Save money, plan for the future, don’t spend beyond your means.

    So why is our congress blind to the fact that there is an outrageous debt that is continuing to build?

    Beyond that, why do they continue to implement policy that is inefficient and adds more burden to the taxpayer who must eventually pay this back?

    Heck, Moodys and S&P might start smelling a default.

  3. Lucas says:

    Looks like it will be staying around a while

  4. James says:

    Then how do we get rid of it?

  5. Greg Scandlen says:

    I don’t buy it. If it were true the Obamacare supporters would not be squealing like stuck pigs at the very thought of defunding. Plus, there is no such thing as “mandatory spending.” There may be automatic spending, but Congress can change it any time it wants.

  6. Perry says:

    Looks like a Mexican stand-off. If the Republicans concede that Obamacare cannot be defeated, they let it proceed and bomb disastrously. On the other hand, if they continue to try to fight it there is no gaurantee they will win, and the country will suffer for it. Obama may one day regret this “legacy”.

  7. Brian Williams. says:

    There are two subtle things happening here:

    (1) If the government shuts down because of a failure to pass a continuing resolution (CR), the mandatory spending provisions of Obamacare will keep the law running regardless. The government shutdown occurs because of the lack of discretionary funding. There would be some nominal problems caused by the HHS department shutdown, but the law itself would remain funded for the most part.

    (2) If Congress were to pass the continuing resolution in its current state, Obamacare would be defunded for the duration of the CR (approximately 2 months) because of the the provisions of the CR itself, namely section 137.

    Sec. 137. (a) In General- Notwithstanding any other provision of law, no Federal funds shall be made available to carry out any provisions of the Patient Protection and Affordable Care Act (Public Law 111-148) or title I and subtitle B of title II of the Health Care and Education Reconciliation Act of 2010 (Public Law 111-152), or of the amendments made by either such Act.