Ted Cruz signs on to ObamaCare!

[Cow Poke]

On the other hand, I imagine many/most uninsured people will just check the box on the 1040 form saying yes, I had coverage.

But that's OK, the IRS has proven to be a completely fair and efficient organization, and we can trust them to handle all of this.

[Joel]

And still we wait for the alternative GOP plan that's just as good as Obamacare without all the hassles or taxes. I don't hold out much hope:

The better alternative is simply stated: a wall of separation between medicine and state. But I don't have much hope of the GOP getting behind that.

The Libertarian Party has an alternative as an official plank of their platform:

2.9 Health Care

We favor a free market health care system. We recognize the freedom of individuals to determine the level of health insurance they want (if any), the level of health care they want, the care providers they want, the medicines and treatments they will use and all other aspects of their medical care, including end-of-life decisions. People should be free to purchase health insurance across state lines.
https://www.lp.org/platform

[rogue06]

So Cruz may have a political obligation to avoid bad press but we agree that he doesn't have a legal obligation.

No. We don't. I was pointing out the reality of the situation if he paid the fine. Please see my post about what MSNBC host Chris Hayes:

Not according to MSNBC.

Chris Hayes, the host of All In With Chris Hayes, gloated that Cruz "doesn't have much choice" about signing up for Obamacare before declaring that

"The way the law is written, members of Congress who don't get insurance from Medicare or a spouse are required to enroll in Obamacare, and that provision itself was the result of a dumb rhetorical bluff in which Republicans said to their Democratic colleagues: 'Well, if you love Obamacare so much, why don't you marry it by requiring it for Congress?' To which Democrats said: 'OK, fine. Fine. Let's do that.'”

So apparently U.S. Senators and Representatives who "don't get insurance from Medicare or a spouse are required to enroll in Obamacare." That is that they most certainly can be "compelled to enroll in the exchange" and are not allowed to purchase it from the private market.

CP notes that the law is a bit murkier but there still may be a legal obligation.



So we agree that the media would proclaim him a scofflaw if he paid the fine?

[Sam]

No. We don't. I was pointing out the reality of the situation if he paid the fine. Please see my post about what MSNBC host Chris Hayes:

CP notes that the law is a bit murkier but there still may be a legal obligation.



So we agree that the media would proclaim him a scofflaw if he paid the fine?

Hayes is wrong; see Grassley's amendment:

Source: http://thomas.loc.gov/cgi-bin/query/z?c112:S.196:

(i) IN GENERAL- Notwithstanding chapter 89 of title 5, United States Code, or any provision of this title--

`(I) the President, the Vice President, each political appointee, each Member of Congress, and each Congressional employee shall be treated as a qualified individual entitled to the right under this paragraph to enroll in a qualified health plan in the individual market offered through an Exchange in the State in which the individual resides; and


`(II) any employer contribution under such chapter on behalf of the President, the Vice President, any political appointee, any Member of Congress, and any Congressional employee may be paid only to the issuer of a qualified health plan in which the individual enrolled through such Exchange and not to the issuer of a plan offered through the Federal employees health benefit program under such chapter.

© Copyright Original Source

That means that members of government in the executive and legislative branches are "entitled to the right ... to enroll in a qualified health plan in the individual market offered through an Exchange ..." but that "any employer contribution ... may be paid only to the issuer of a qualified health plan in which the individual enrolled through such Exchange ..."

(King v. Burwell aside ... Grassley's bill doesn't seem to treat federal and state exchanges differently, does it?)

So Cruz could very well get insurance outside the Exchanges, as nothing in Grassley's amendment mandates Senators to use the exchange (otherwise, their spouses could just skirt the mandate by getting coverage outside the exchanges and cover 'em that way!). Cruz retains options other than "going on Obamacare." He just wouldn't get his employer's compensation.

The media will make Cruz out to be a disingenuous scofflaw either way. And I don't very much mind that since Cruz doesn't seem to know much about the law he's ostensibly compelled to follow, in this case, despite being a vocal opponent and having five years to figure it out.

—Sam

[JimL]

Hayes is wrong; see Grassley's amendment:

Source: http://thomas.loc.gov/cgi-bin/query/z?c112:S.196:

(i) IN GENERAL- Notwithstanding chapter 89 of title 5, United States Code, or any provision of this title--

`(I) the President, the Vice President, each political appointee, each Member of Congress, and each Congressional employee shall be treated as a qualified individual entitled to the right under this paragraph to enroll in a qualified health plan in the individual market offered through an Exchange in the State in which the individual resides; and


`(II) any employer contribution under such chapter on behalf of the President, the Vice President, any political appointee, any Member of Congress, and any Congressional employee may be paid only to the issuer of a qualified health plan in which the individual enrolled through such Exchange and not to the issuer of a plan offered through the Federal employees health benefit program under such chapter.

© Copyright Original Source

That means that members of government in the executive and legislative branches are "entitled to the right ... to enroll in a qualified health plan in the individual market offered through an Exchange ..." but that "any employer contribution ... may be paid only to the issuer of a qualified health plan in which the individual enrolled through such Exchange ..."

(King v. Burwell

I'm, sure that Cruz is smart enough to understand the law, After all he is an Ivy league educated Lawyer, but he also believes that he can pull the wool over the eyes of his constituents.