Does Trump actually have the power to withhold ACA payments?

[Ken Burch]

Last edited Sat Jul 29, 2017, 10:16 PM - Edit history (1)

I know he thinks he does...but do we know if a president actually has the right to do that?

[Matthew28]

1. He suppose to faithfully

execute the laws passed by congress. That is what the constitutions says.

[Bleacher Creature]

2. Probably not, but he can sure hurt a lot of people while the courts sort it out.

And if he refuses even after a court orders him to make the payments, we're onto our next constitutional crisis.

This guy is a living nightmare.

[marylandblue]

3. There's a quirk in the ACA

That doesn't make the ACA payments mandatory, like with other entitlement programs. Obama interpreted the law to allow him to make the payments anyway and Congress sued him saying they hadn't appropriated the money. This case is still in court and Trump is still making the payments. But Trump could concede the case and stop the payment. Then the insurance companies or their policyholders will sue.

[flamingdem]

4. Is it clear that payments will stop immediately?

If so then chaos will be coming soon.

Also, best to see ones doctor or get that MRI if there's a big copay involved and you're on ACA

[lapfog_1]

5. The ACA also left a lot of details about implementation

up to HHS. HHS can always be directed to do things that will hurt the ACA (compared to previous administration)

[PoliticAverse]

7. Yes the HHS Secretary could transform the ACA into something very different using interpretation

of all the "secretary shall determine" clauses.

[PoliticAverse]

6. Indeed. Here's an article from April that discusses the issue...

https://ctmirror.org/2017/04/04/insurers-lobbying-to-keep-aca-payments-the-gop-hates/

[bornskeptic]

8. He cannot withhold the premium subsidies, but the ACA also provdes for subsidies for to help

low income enrollees with copays and deductibles. He can withhold those.