the president promised insurers and consumers that if they maintain their non-grandfathered health plans, then those plans ?will not be considered to be out of compliance? with those provisions of federal law for one year, even though everyone knows they are clearly out of compliance with federal law. In effect, the president tried to make good on his ? if you like your health plan? promise by telling insurers and consumers, ?These plans are clearly illegal. But if you want to keep buying and selling them, I promise not to prosecute or penalize you. Trust me.?
Set aside the president?s disregard for the U.S. Constitution, the separation of powers, and the rule of law generally. Here?s how his fix alters ? where it leaves ? his once-categorical ?if you like your health plan, you can keep your health plan? promise:
If your insurer hasn?t already cancelled your plan prior to October 1, 2013, and
If you had coverage in effect on October 1, 2013, and
If your insurer wants to invest in re-issuing your already-cancelled plan for just one more year, and
If your state?s insurance commissioner wants to let your insurer re-issue that plan, and
If your insurer and your commissioner can get your old plan re-approved by January 1, and
If your insurer informs you how lousy your old plan was and how awesome ObamaCare plans are, even though they may charge you more for less coverage, and
If your insurance commissioner does not mind approving products that are clearly illegal under federal law, and
If you and your insurer don?t mind engaging in an economic transaction that is clearly illegal under federal law, and
If you trust me when I promise not to prosecute any of you for your clear violations of federal law,
Then you can keep your plan, for one more year.