Here Is the Obama Administration’s Brief That Admits You Won’t Be Able To Keep Your Employer Health Plan Either

by Andrew C. McCarthy

We’ve posted the video of my conversation with Megyn Kelly last night on The Kelly File at Fox News. We discussed the Obama administration brief that I mentioned in my last Obamacare column: the brief filed in federal court by Eric Holder’s Justice Department, on behalf of Kathleen Sebelius’s Department of Health and Human Services, in which the administration admits “that a majority of group health plans will have lost their grandfather status by the end of 2013.”

This admission is crucial for two reasons. First, Obamacare’s “grandfather” provision is what President Obama purported to rely on when he repeatedly promised, “If you like your health insurance plan, you can keep your health insurance plan, period.” Second, Obama has lately taken to claiming, falsely, that this broken promise only affects the comparatively small percentage of Americans who buy their own plans in the individual health insurance​ market. To the contrary, the administration’s assertions in the brief demonstrate: (a) the grandfather provision has always been illusory and was expected mostly to have faded away by the end of this year, meaning people who thought they could keep their plans under it would be “transitioned” into Obamacare exchanges by 2013; and (b) those losing the insurance plans Obama promised they could keep very much include Americans covered by “group health plans,” i.e., people who get employer-provided coverage, not just individual-market consumers. (Of course, the “transition” process has been slowed by the president’s “waiver” of the employer mandate, but it is already ongoing and will pick up pace in 2014 unless Obamacare is undone.)  

People have been asking where they can get the brief to read it for themselves. The brief has been posted by the American Freedom Law Center. It can be accessed here (and the relevant discussion begins at page 27).

As I mentioned in my column, I sit on the advisory board of the AFLC. It is representing Priests For Life, an organization that is suing Obama/Sebelius’s HHS over the Obamacare mandate that forces religious believers to provide coverage for abortifacients, contraceptives and related services. That is the case in which the government’s brief was submitted to federal court in Washington; thus, when the brief refers to the “defendants,” it is referring to the government itself — specifically, to HHS, the department that administers Obamacare.