It’s easy to find something to like in Obamcare as most people do. However, despite all the goodies giving more of something or “free” stuff to this group or that, especially us seniors, Obamacare has a major flaw that makes it dangerous and which should concern even the law’s supporters.
That danger is discretion. The law is filled with discretion and determinations that are the sole responsibility of the Secretary of Health and Human Services. The presidential campaign is focused on the mandate to carry insurance and Medicare funding, but the real concern should be the ability for bureaucrats to make decisions and implement change with no Congressional oversight. One good example is the contraception controversy. The law makes no mention that contraception should be free. In fact, virtually all the wellness provisions are subject to discretion and constant expansion. The Independent Payment Advisory Board is in fact largely independent because it’s recommendations to control Medicare costs go into effect automatically unless Congress initiates action to stop them.
While it is standard procedure to implement a law with thousands of pages of rules and regulations interpreting the law, the extent to which PPACA provides discretion to the Secretary of HHS is unusual. This discretion may well lead to higher costs and greater involvement by the federal government. When we hear that members of Congress voted without reading the legislation or were told to vote for it to learn what was in it, there is a great deal of truth in both. The reality is that no one could know what they were actually voting for… except they were voting to give unprecedented discretion to an appointed Cabinet Member.