What to make of the Center for Medicare & Medicaid Services’ notice that it will pay out retroactive ObamaCare premium tax credits and cost-reducing subsidies to people who have not yet signed up for ObamaCare?
The media have reported that these payments will be dished out to people who bought qualifying health insurance outside an ObamaCare exchange because the exchanges have not been working. According to the New York Times, the new policy is a result of the heroic lobbying of Oregon Governor John Kitzhaber, whose exchange has failed to enroll almost anybody. According to Professor Sara Rosenbaum of George Washington University Law School: “People could have gone to court to obtain benefits denied without due process of law, because of a breakdown in government eligibility systems, and a judge would probably have ordered retroactive relief. The federal government is voluntarily providing equitable relief that a court would have given.”