Obamacare waivers…a new procedure

The “vastly popular” program known as Obamacare is now the subject of 1433 waivers covering some 3.2 million people. That is an increase of 61 new waivers since the end of April and approximately 100,000 additional employees.

There is nothing surprising in that news, but, a new policy initiated by the Centers for Medicare and Medicaid Services is.  They have apparently decided that the release of new waivers every 4 to 5 weeks is, well, embarrassing.  Particularly because the issuance of these waivers, much like that annoying slow drip in your kitchen faucet, would continue roughly monthly for the next two years.  So, here is the new plan.

On June 17, 2011, the Centers for Medicare & Medicaid Services (CMS) introduced a process for plans that have already received waivers and want to renew those waivers for plan or policy years beginning before January 1, 2014.  The new guidance extends the duration of waivers that have been granted through 2013, if applicants submit annual information about their plan and comply with requirements to ensure that their enrollees understand the limits of their coverage.  Existing waiver recipients must apply to extend their current waiver and all applications must be submitted by September 22, 2011; after that date applications for an extension will no longer be considered.  Any plans that have not yet applied for a waiver also must apply by September 22, 2011.

So, if you have a waiver and wish to continue it until 2014, or if you don’t need a waiver now, but may need one before 2014, you must apply by September 22, 2011.  That way, Obamacare will experience only one embarrassing moment, rather than a continuing series of black eyes.

Also of interest, we now have a list of those entities denied waivers.  100 applicants were initially denied a waiver, but of those 29 ultimately were given a waiver “on appeal”, and 4 “appeals” are pending.

The only conclusion I can draw is that this law is so terrible that even the government can’t handle the constant bad PR.

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SoundOffSister

The Sound Off Sister was an Assistant United States Attorney for the Southern District of Florida, and special trial attorney for the Department of Justice, Criminal Division; a partner in the Florida law firm of Shutts & Bowen, and an adjunct professor at the University of Miami, School of Law. The Sound Off Sister offers frequent commentary concerning legislation making its way through Congress, including the health reform legislation passed in early 2010.

4 Comments

  1. Plainvillian on June 20, 2011 at 9:57 am

    Next there will be the Obamacare Waiver Czar.? Another bureaucracy to deal with?? Progress you can believe in.



  2. Tim-in-Alabama on June 20, 2011 at 12:06 pm

    If ObamaCare is fully implemented, there will innumerable “wavers.” Of course, those wavers will be those waving goodbye the best healthcare system in the world and a good chunk of their personal freedom.



  3. ricbee on June 21, 2011 at 10:57 am

    I’m gonna become a Christian Scientist or Scientology guy & we’ll be exempt,I believe.



  4. Todd from Farmington on June 22, 2011 at 8:18 am

    All of this waiver business has this cynic asking…if ObamaCare is the greatest thing since sliced bread…why would people need a get of jail free card?
    ?
    Liberal Dems you never, ever, disappoint this old Republican.? Your hypocrisy, arrogance, and hubris drive me batty.? I wish it was Nov 2012 right now and we can vote Obama and rest of his ilk out of jobs.



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