Legal Commentary

Over 100 Waivers and Counting

By Jonathan H. Adler

The NYT reports:

As Obama administration officials put into place some of the new rules that go into effect under the federal health care law, they are issuing more waivers to try to prevent some insurers and employers from dropping coverage and also promising to modify other rules because many of the existing policies would not meet new standards. . . .

Federal officials have granted 111 waivers to employers, insurers and union plans, who are responsible for covering about 1.2 million people.

These waivers are necessary to prevent rate increases or dropped coverage for thousands of workers. Defenders of the health care law claim that the waivers are only temporary because better health insurance alternatives will be available in 2014. Maybe so, but this still undercuts the claim that everyone who wanted to keep their existing health care plan would be able to under the law. ?You?ll like your new coverage? is a different selling point than ?if you like your current coverage, you get to keep it.?

Full post as published by The Volokh Conspiracy on November 14, 2010 (boomark / email).