Add it to the list of Friday news dumps, but this one takes the cake. Apparently, the Obama administration has determined that the fiscally unsustainable long-term care insurance program — the CLASS Act — that was jammed into the new health-care law is, in fact, fiscally unsustainable, and will no longer pretend otherwise:
WASHINGTON — The Obama administration says it is unable to go forward with a major program in the president’s signature health care overhaul law — a new long-term care insurance plan.
Officials said Friday the long-term care program has critical design flaws that can’t be fixed to make it financially self-sustaining.
Health and Human Services Secretary Kathleen Sebelius told Congress in a letter that she does not see a viable path forward at this time. By law, implementation of the program was contingent on Sebelius certifying it financially sound.
The program was supposed to be a voluntary insurance plan for working adults regardless of age or health. Workers would pay an affordable monthly premium during their careers, and could collect a modest daily cash benefit if they became disabled later in life.
The problem all along has been how to ensure enough healthy people would sign up.
I recently wrote about how the administration pushed ahead with the program despite these obvious concerns:
The program is now widely acknowledged, even by Obamacare proponents, to pose a tremendous financial liability. In the absence of a sizable bloc of healthy individuals signing up for (and thus, paying into) the plan, it would be unable to sustain itself financially, as that would require charging enormous premiums to the aging beneficiaries who remained on the program. Which is why President Obama’s own debt-reduction commission (Bowles-Simpson) recommend major reforms to the CLASS, if not outright repeal.
But according to an investigate report released today — compiled by a working group of GOP lawmakers led by Sen. John Thune (R., S.D.) — it appears that during the legislative drafting process, the administration repeatedly refused to acknowledge such concerns. So they resorted to budgetary gimmicks in order hide the true cost of the plan, establishing a fiver-year “vesting” period in which enrolled recipients pay premiums but are not eligible to collect benefits. Which, if you happen to be working within a 10-year budget window, is awfully convenient. As a result, the Congressional Budget Office scored the plan as 10 years worth of premiums less just five years of benefit payments. Not surprisingly, the plan “scored” as reducing the deficit by $70 billion over a decade.
As you’ll recall, this “savings” was a critical, if incredibly dishonest, selling point of the new health care law. CBO did not issue any public estimates (though such findings are presumed to exist) regarding the plan’s sustainability over the long-term, or indicate how the program could possibly remain solvent as the population of beneficiaries aged. Long after Obamacare was passed and signed into, even prominent supports of the bill acknowledged that the CLASS Act was a financial disaster waiting to happen. Senate Budget Committee chairman Kent Conrad (D., N.D) called it “a Ponzi scheme of the first order, the kind of thing Bernie Madoff would be proud of.” Health and Human Services secretary Kathleen Sebelius admitted it was “totally unsustainable” in its current form. But again, that was after Obamacare had been enacted. In fact, under the new law, HHS has until Oct. 1, 2012 to finalize the program’s requirements, to be imposed through regulation. Because the law (no doubt intentionally) left vague many of the plan’s key provisions, there is currently no way to reliably assess the program or estimate its potential cost.
The CLASS Act’s demise, while all but inevitable, is disturbing on a number of levels. It’s hard to think of a more fitting example of how the budget process in Washington has been completely corrupted. What kind of depraved accounting scheme lets Congress enact into law a program that literally cannot sustain itself from the get-go? A program that the CBO, in accordance with an absurdly flexible set of budgetary rules, scored as deficit-reducing! Not only that, but the 10-year’s worth of CLASS Act premiums accounted for nearly half ($70 billion out of $143 billion) of the overall “savings” in Obamacare. In fact, the law might well have never passed without them, as they were included to give the (false) appearance of fiscal sanity. The good news is that Congress can do away with some the outrageous gimmicks that have fueled Washington’s fiscal recklessness by passing the Honest Budget Act. The better news is that the CLASS Act’s spectacular failure provides a significant boost for the Republican effort to repeal Obamacare in its entirety.
UPDATE: GOP lawmakers weigh in.
Senate Minority Leader Mitch McConnell (R., Ky.):
The Obama administration today acknowledged what they refused to admit when they passed their partisan health bill: the CLASS Act was a budget gimmick that might enhance the numbers on a Washington bureaucrat’s spreadsheet but was destined to fail in the real world.
However, it is worth remembering that the CLASS Act is only one of the unwise, unsustainable components of an unwise, unsustainable law. We should repeal the CLASS Act and the rest of the health spending law and replace it with the type of common-sense reforms that lower costs and Americans support.
Sen. John Thune (R., S.D.), who led a Congressional investigation into the program:
This is a victory for the American taxpayer and future generations. After ignoring repeated warnings from my Republican colleagues and me about the fiscal solvency of the CLASS Act, the Obama Administration jammed Obamacare through Congress in order to score a political win. Now, over a year later, the administration is finally admitting the CLASS Act entitlement is unsustainable and cannot be implemented. Simply setting aside the program for the near-term is not enough. Repeal is the only solution to ensuring American taxpayers will not be on the hook in the future for this disastrous entitlement.
House Budget Committee chairman Paul Ryan (R., Wis.):
Today, the Obama Administration finally surrendered to reality: Health and Human Services Secretary Kathleen Sebelius has informed Congressional leaders that she ‘does not see a viable path forward for CLASS implementation at this time.’ The smoke and mirrors that the Democrats employed to sell their health care overhaul are finally falling away, one broken promise at a time. When all of these gimmicks are stripped out, the new law would add hundreds of billions of dollars in red ink over the next decade, as health-care costs send the debt spiraling out of control. Now it is time for Congress to do the responsible thing: Repeal the disastrous new law and replace it with true, patient-centered reforms.
Perhaps even better, it adds further justification to handle the repeal of Obamacare through the budget reconciliation process (thus avoiding the filibuster) if it can't be repealed through regular channels. Simply repealing the bill will save billions over the next decade and trillions for decades to come.
Reply to this commentLinkReport AbuseThe Honest Budget Act as a solution? Color me skeptical.
A lack of laws didn't fuel the fiscal recklessness of Congress, and it will happily ignore this one too. Members of both parties.
We don't need more laws to tell politicians how to behave responsibly. As we know, they ignore them anyway. Heck, they don't even want to read the Constitution and Bill of Rights as it is written.
What we need are term limits. And maybe some fraud prosecutions for people like Chris Dodd wouldn't hurt.
Reply to this commentLinkReport AbuseI didn't see this post of yours below:
The Solyndra Loan: DOE Memo Defends Decision to Put Private Investors Ahead of Taxpayers
October 14, 2011 3:37 P.M.
By Andrew Stiles
Makes my point about the futility of new laws (Like the laughable Honest Budget Act you reference) passed in Washington to "solve" problems, when 3 out of the 3 branches of federal government are lawless.
Reply to this commentLinkReport AbuseMerthin
Reply to this commentLinkReport AbuseI agree about Term Limits. Given the performance of congress, and the undeniable fact that most of the people in it seem to be more concerned w/ re election than doing the people's business, I'm shocked that Term Limits are not an important, vital item in this election cycle.
I'm a Conservative and I'm having trouble seeing who i'd like to support, although I understand Romney is probably inevitable and would be a much better Potus then BO. But if he embraced Term Limits .. Mitt might actually become .. dare I say it .. exciting
I wonder why Sebelius caved?
Reply to this commentLinkReport AbuseThink of it more in terms of the cave fell on Sebelius' head rather than that she caved. The one saving grace in all this is that real world economics are not a matter of hope n' change. If the numbers don't work, they DON'T WORK. It's just a question of how much missery its going to take to prove the point.
Reply to this commentLinkReport AbuseThis is big. Unfortunate too.
Reply to this commentLinkReport AbuseThink of the savings tho Mike B, we will be saving money we never had in the first placce! Priceless...best friday nite news I have had in quite some time..
Reply to this commentLinkReport AbuseThat's the trouble with gov't ...pff
This is big, but *very fortunate*. The American taxpayer has been spared from at least a small part of the Looming Disaster of O-care.
The only unfortunate part of this, dear MikeB, is that the whole freaking law did not go down in flames with CLASS.
Reply to this commentLinkReport AbuseThe CLASS program is used by millions of people with disabilities. Millions of families that praised obamacare are now going to feel the reality of rationed care. That point is being glossed over in these reports and needs to be stressed. I am trying my best to say I TOLD YOU SO!!
Reply to this commentLinkReport AbuseHmmm…Incompetence or malice? I can’t decide…
Obama’s own Health and Human Services Secretary fails to certify a key element of his signature “achievement” as fiscally sound, essentially admitting that it’s unsustainable and cannot be implemented…Too bad this provision only applies to the CLASS portion of Obamacare and not the whole thing…
…but this was supposed to be one of the ‘savings generators” that made Obamacare viable…along with the individual mandate that healthy young persons buy insurance whether they wanted to or not, or be fined (taxed in penalty) by the IRS.
…with Bambi’s, Reid’s, and Pelosi’s major chunks of political capital, used on ramming healthcare through and starting to implement, largely squandered and now at least this part has been totally rendered null and void….
Hopefully the Supremes will sing “Stop! In the name of Love” for the rest of the Obamacare package.
Can anyone or any group really be this incompetent?
News dumped on a Friday afternoon doesn’t usually get as much attention as things that happen during the week…they timed this for the lowest profile.
Quick, somebody, poke it with a sharp stick and see if it’s “really, most sincerely dead.”
“Oh, what a world! What a world! Who would have thought a good little girl like Sibelius could destroy my beautiful wickedness? Oooooh, look out! I'm going! Oooooh! Ooooooh!”
Reply to this commentLinkReport AbuseWe tried to tell you MikeB but you wouldn't listen. From the first page to the last page of the 2700+ bill it is an Obamanation.
Reply to this commentLinkReport AbuseDang. I wanted to sign up for that. Ugh. I guess it will take these "fine gentlemen and gentlewomen" some more time to realize that the rest of it is dubious too.
Reply to this commentLinkReport AbuseI like Paul Ryan a lot. He actually fights back.
Reply to this commentLinkReport AbuseYou sign up, you pay, when you need care, they say it's entitlement, you are a jerk to demand they own up to their side of the bargain. You are not a total moron, you don't sign up, CARE dies.
Reply to this commentLinkReport AbuseWhat an easily fixed problem. Just make it mandatory.
Reply to this commentLinkReport AbuseCan someone please provide some background here? Was the CLASS Act part of the Obamacare legislation (that had to be passed to find out what was in it) or was it passed separately? What did the CLASS Act say that enables the administration to seemingly just ignore it now (wouldn't that require repeal)? I remember hearing about a provision that required years of payments in before anything could be payed out (or an accounting gimmick that would get a corporation prosecuted), are there any other such provisions in the rest of Obamacare?
I would appreciate some higher-level perspective and context, to help keep our focus on all that is wrong with this plan and to keep us aware of all the work that is still left to be done.
Reply to this commentLinkReport AbuseObamacare is PL 111-148 (from House bill 3590 under 111th Congress, and it is dated Mar 23, 2010).
The Class Act is sections 8001 and 8002. Under "Process for Development," the Secretary of HHS is to figure premiums, vesting period, benefit triggers, etc. and she now says that it is impossible.
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