Heritage: Congress just repealed part of Obamacare in fiscal cliff deal

We all know the fiscal cliff deal stunk. But amidst all the new debt and class warfare in the bill, perhaps not all was so bad:

HERITAGE – Things aren’t going so well for Obamacare.

Even Democrats in Congress aren’t huge fans any more. It seems after passing the law and finding out what’s in it, the allure has faded—so much so that Congress actually repealed part of Obamacare in the fiscal cliff deal last week.

That’s right—part of Obamacare has been completely undone. It was the Community Living Assistance Services and Supports (CLASS) Act, essentially a new entitlement program for long-term care. But this new government program for people who end up needing assisted living or other long-term services was poorly designed and bound to fail, as Heritage’s Alyene Senger explains.

“CLASS was a bad deal for both taxpayers (who would likely have had to bail out the program) and beneficiaries (who would be better served by choosing among private options),” Senger wrote.

The program was so poorly designed that one of its own administrators warned Congress in 2011 that the program could collapse.


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  • EchoMike

    Take this POS and wrap it around every Democrat in every election until every single dunderhead that voted for this bag of crap is out of office.
    And for GODS SAKE REPUBLICANS, don’t put your fingerprints on it to “fix it”!
    As soon as you do, the MSM will use it to lump you in with the Dems who voted for it!

    • Nukeman60

      This bill (ObamaCare) is being shown to be totally hapless the more we know about it. The Dems voted for it completely while the Repubs did not (to a man). What’s interesting (and very telling) is that Congressional Dems have a 21% approval rating while the Congressional Repubs have a 14% approval rating. Go figure.


      God, how I hate the LameStream.

    • warpmine

      Why, none of their constituents that voted these fools in can read.

      • PatrickHenrysBody

        Even if they did know how to read, Democrap Congressman John Conyers, from Michigan no less, said this a while back:

        Yet the constituency continues to vote dunderhead Conyers into office term in an term out.

    • PatrickHenrysBody

      Absolutely right. Tie the albatross of ObamaCare around the necks of the Democraps. They own it. They can’t get around it. They can try to hogtie the Republicants with the mess, but they can’t. I am finding this all so entertaining. It’s funny that the Democrap Senators in Congress are bellyaching about the durable medical equipment manufacturers in their states that will suffer because of ObamaCare. – http://townhall.com/tipsheet/katiepavlich/2012/12/13/democrats-find-out-whats-in-obamacare-and-dont-like-it-n1465870 – The reason? Jobs and revenue would be lost. They don’t give a rip about their constituents, as far as their health and well-being is concerned. They never did. It’s all about money and power. It is odd that they want the durable medical equipment manufacturers to stay in business. Isn’t this what the global authoritarians like Franken, Schumer, Murray, and the rest wanted? Isn’t this the point of advancing their ideology, which is to kill capitalism? Oh wait, only conservative capitalism, right? Of course, they’re looking to be re-elected, so they would be raising a stink now. Selfish, greedy scumbags.

    • Wisewoman2

      And they should always add that another dumb idea was when they passed a stimulus bill that cost $277,000/job without lowering unemployment below 8%. And don’t forget green energy bills that cost over $633,000/job with the added cost of bankrupt companies. That is a devastating record that the dummies in the country do not know. The information is not even out there for the awareness of the so-called average person. The Repubs including Romney and Ryan have done an awful job of whacking these dems over the head with their insane policies.

  • MiketheMarine

    Duh…………..um, haven’t conservatives been saying all along that this entire bill is a non-starter and is designed to fail miserably?

    • TimeForAnarchy

      Happy New Year, Mike. The amphibious invasion begins at 0400. We’re counting on you……

      • MiketheMarine

        I’m getting old and like to sleep. Can we start it around noon-ish?

        LOL, You’ve got it. Count me in !!!

    • aposematic

      It is designed to fail American healthcare miserably while accomplishing the Leftist agenda on steroids. People were under the old American healthcare system just living way too long don’t you know!

      • Orangeone

        The Death Panel is Barky Boy’s solution to the unfunded Social Security and Medicare deficits

        • warpmine

          I’ve been saying this for the last three years.

    • Yes, and they shouldnt have repealed this portion by itself.
      Why did the Dems and Obama go along with it? Because it helps to clean up Obamacare so they have a better chance of keeping the rest

    • PatrickHenrysBody


  • hbnolikeee

    Ok. So since the bill lacks a severability clause, it means the whole bill should now get flushed, correct?

    For reference:

    Severability clauses are also commonly found in legislation, where they state that if some provisions of the law, or certain applications of those provisions, are found to be unconstitutional, the remaining provisions, or the remaining applications of those provisions, will, nonetheless, continue in force as law.

    • sjmom

      Good thinkin!!!!!!!!!!!

    • Orangeone

      This question has been raised before and I’ve not heard of any lawsuits filed yet.

    • PatrickHenrysBody

      I like to see Democrap attempts at socialism fail miserably. Everything is unraveling for them. So no need to read the bill, eh? Find out all the good things that are in it AFTER it is passed, eh? Good for whom? Perhaps good for us, if it means ObamaCare, Zero’s so-called crowning achievement, has to be scrapped…by the very ones who crafted the garbage in the first place. Hilarious!

  • sjmom

    A ray of sunshine in the darkness. Could it be Obamacare piece by piece will be put into the shredder of history? God is good!

    • marketcomp

      Good point, sjmom. Can’t wait to see what the debt ceiling will bring!

      • sjmom

        Don’t know if you saw Drudge but the Dems are talking about A TRILLION DOLLAR TAX INCREASE? Rots o’ ruck on this one. One thing you can count on with the libs; they will always overstep and when they do they lose and we win.

        • marketcomp

          But, not so fast! I can think of a way to get that tax increase, repeal Obama care and rescend all of the food stamp and welfare spending and there you go, $1Trillion increase!

          • Orangeone

            But to allow them to spend that $1 trillion is still $1 trillion in debt. I want taxes lowered by $1 trillion on those paying the most.

            • marketcomp

              Just kidding, Orangeone, I know it would never happen because common sense is not the rule in Washington, but the exception.

              • Orangeone

                okay, didn’t see a /sarc so wasn’t sure…..

          • sjmom

            Would never pass it makes too much sense.

      • Orangeone

        I saw somewhere on Twitter, can’t easily find it, that Barky Boy is going to include more health care in the debt ceiling bill. Wonder if this is what he plans to fix, and of course the Repubs will say YES!

    • Orangeone

      And once we’ve started paying the taxes (actually some will in 2013) we’ll never get our money back. Businesses that have been working to comply will never be repaid for those opportunity and other costs.

    • PatrickHenrysBody

      Eliminating the IPAB (you know, that “death panel” that is not supposed to exist) can only happen in 2017. But hey, when have the global authoritarians in the Democrap and Republicant parties ever regarded the rule of law or the Constitution? Perhaps with a little sleight of hand, the Democraps, who are in full ownership of ObamaCare, can suddenly find a “loophole” to abolish the IPAB.

  • colliemum

    Instead of trying to patch this up, or twiddling around the edges, they should let it all run, until it crashes in ruins at the feet of the POS and his willing helpers in Congress and the meejah.

  • We’ have been done with all of it if a certain Supreme Court Justice hadn’t thrown us under the bus and upheld it. 🙁

    • sjmom

      I’ve often wondered if Roberts regrets what he did; if sacrificing his country for some press lovin’ was worth it?

      • Ruined whatever “legacy” he might have had that’s for sure.

        • Orangeone

          Oh there’s a legacy, an illegal Marxist, Communist, homosexual, murderer in our WH

      • Orangeone

        There was either a payoff or extortion. I’d like to follow the money because even cash leaves a trail.

      • sybilll

        I also wonder if Bart Stupak has had a decent night’s sleep since knowingly going along even though he knew this admin was lying about abortions. I feel sorry for his kids and grandkids.

    • Nukeman60

      Yeah, but at least his kids are still alive and sporting all their fingers.

      • Sorry? I don’t get it. What am I missing???

        • Nukeman60

          He was convinced – Chicago style.

          • LOL! I’m a bit slow today! And don’t you dare say… Ah, Wolfie, you’re a bit slow every day! 🙂

            • Nukeman60

              No, quite the contrary. I was being too cryptic. I think I hear the rotor blades of the black ops helicopters now. Gotta bugout. 🙂

              Edit: an example would be my cryptic name for the new gun laws in another of my posts in this thread. I guess sometimes I should just come right out and say what I’m thinking, lol.

              • LOL! I loved your ” Spring Time and Fluffy Unicorns gun laws” reference… I think I might even have got it! 😉

      • Orangeone

        Let’s see how long that remains when the SS are pulled.

  • Robert Babcock

    This whole O’care program, is a program to control the private citizens total life. There are all kinds of things in it that has nothing to do with medicine. It is Gov. Control. The Gov. has never successfully run any business. I think it is mainly because they don’t have to make a profit. The second reason is because they put unqualified people in charge ( Political Patronage ) EVERY thing the Gov. runs is Not successful. ie. Amtrack, Post Office, Freddie Mac, Fannie May, etc, etc.

    • Orangeone

      Darrell Issa’s new gov’t website crashed within a couple of hours. I had to tweet and tell him I’m looking forward to the gov’t taking control of my health care when they can’t even launch an operating website.

  • Nukeman60

    So this is much like a bully taking all your lunch money and then saying, “here kid, here’s a piece of candy”. Does the candy taste good? Yes. Does it make me feel better about losing my lunch money? No. But it’s a start.

    BTW, where do they get these people that name these bills? A CLASS Act? Come on, really? Was David Letterman hired by Obama to name everything from Affordable Care Act all the way to Spring Time with Fluffy Unicorns gun laws?

  • Ray

    To bad there was not a line in it that stated, “the affordable care act is repealed with the passage of this bill.” Just sneak it in anywhere, that would be ok.

  • aposematic

    This as most Government programs was doomed to failure as Obuma(no)care pretty much guarantees no one will live long enough to need long term healthcare in the future.

  • o/t but worth a look. Coup attempt on Boehner called off at last minute…
    A concerted effort to unseat Speaker John A. Boehner was under way the day of his re-election to the position, but participants called it off 30 minutes before the House floor vote, CQ Roll Call has learned.

    A group of disaffected conservatives had agreed to vote against the Ohio lawmaker if they could get at least 25 members to join the effort. But one member, whose identity could not be verified, rescinded his or her participation the morning of the vote, leaving the group one person short of its self-imposed 25-member threshold. Only 17 votes against Boehner were required to force a second ballot, but the group wanted to have insurance.

    Even with 24 members, the group would easily have been able to force a second ballot round, but the effort was aborted in frenetic discussions on the House floor.
    Source and more info: http://cdn.rollcall.com/news/boehner_coup_attempt_larger_than_first_thought-220607-1.html?popular=true&pos=hln&cdn_load=true

    They should have gone ahead with it! They had 24 and only needed 17! They wimped out and we lost out! 🙁

    • Nukeman60

      I don’t know. The way these idiot politicians think, perhaps 10-15 Republicans would have thought Pelosi was a better Speaker than anyone the coup brought up and in the second round, voted her in (as all of the Dems would vote for her as it is).

      • Good point. They couldn’t find a Conservative to step forth and be nominated in the second round, and you’re right, it could have all gone back-asswards and we might have ended up with Piglosi!

        What’s the difference between Boehner and Piglosi? One is an umpa-lumpa in disguise that cries at the drop of a hat and the other is a pig!

        In my mind that joke worked, but now it’s written out… not so much! 😉

        • Nukeman60

          I don’t think Boehner comes from the pit of h*ll. He’s just stupid as a rock and only wanted to be Speaker. Sad, but not necessarily deadly. Pelosi, on the other hand, I could never want as the 2nd in line for the Presidency…

  • MarkLeisNjConservative

    Since the Debt Ceiling will be asked to be raised again, I think Congress should take the opportunity to again submit a bill to “Repeal Obamacare”. A full scale campaign needs to be launched by the PUBLIC to put pressure on the Senate not only to pass it but be ready to override a Presidential veto. The PUBLIC and the House and Senate Republicans should make a full court press to get Bi-partisan Support. It is not a Democrat or Republican initiative, rather the repeal would be a pro-American citizen initiative to remove the single biggest obstacle to job creation and our individual freedom and liberty. It would also help significantly reduce Deficit Spending.

    Obamacare is BAD LAW passed with a promise that the mandate was constitutional and not a tax. The Supreme Court ruled it was only constitutional if it is deemed a tax, and therefore the mandate is a tax. Congress should offer a new Health Care bill which does the following:

    1. Preserve the ability to have older children covered under parent’s health insurance plan,

    2. More reasonable “preexisting conditions” provisions (e.g. if you had health insurance, but lost it due to job layoff the company you were previously insured with needs to provide coverage (with some catch up of unpaid premiums), or if never insured – pay equivalent of 3 to 5 years of back premiums),

    3. Require Insurance Companies to offer Major Medical Only plans,

    4. Instead of COBRA, require Insurance Companies to continue to insure individuals laid off, etc. at a rate equal to 110% or so of the group plan they were under previously.

    5. Give consumers the option to select any Medical Insurance plan approved in any other state.

    6. While TORT Reform would be great – Democrats would not go for it, so leave it out. That is a State’s rights issue anyway.

    • Nukeman60

      I like what you proposed, but just a couple of things:

      1) I can’t really consider people 26 years old children anymore.

      4) COBRA is roughly 110% of the group plan (it’s just that it is 110% of the combination of the individual’s portion and the company’s portion).

      6) It’s important to talk about TORT reform, so the discussion should be to give the states the right to decide it.

      • Orangeone

        Nuke, like yours, please provide feedback on my comment.

    • Orangeone

      I agree in part with this one exception:

      4. Instead of COBRA, require Insurance Companies to continue to insure individuals laid off, etc. at a rate equal to 110% or so of the group plan they were under previously.

      I don’t know how you expect the other portion of the insurance premium to be paid. COBRA is the employer + employee portions. If you are suggesting the employer continue to pay a former employee’s health insurance premiums, I disagree.

      I would also add:

      7. Any insurance premiums paid on behalf of an employee or their family members shall be gross income to the employee but not included in Social Security wages, in an amount that exceeds the premium for a major-medical only plan and shall be reported as such on the W-2.

      8. Medical, dental, and long-term care insurance premiums paid by employees not represented by a collective bargaining agreement shall be fully deductible on the Form 1040 Schedule A, without exclusion or limitation.

      9. All medical, dental, and long-term care policies shall be portable and convertible to an individual plan upon voluntary or involuntary employment termination.

      10. All medical, dental, and long-term care policies shall remain in full force and effect, provided premiums are paid timely and completely, no matter the state of residence and no limitation shall be placed upon the policy holder based on their state of residence or state where health care services are provided.

      • Nukeman60

        Can we get you to start negotiating with Congress about healthcare for us. Perhaps, you could add in that we want Congressional healthcare for all – call it ‘Congressional Care Act’.

        • Orangeone

          I would sit down with my Rep if he would listen.  I have 2 Dem Senators that want conservatives at the front of the death panel line.  I’m very close to Michele Bachmann’s district so I can see if her staff would me with me.  She’s introduced a full repeal bill so this could be part of the replace bill.

      • MarkLeisNjConservative

        Nukeman60 and Orangeone – Thank you for your very thoughtful comments. Item 9 is where I was headed with my COBRA comment. We are all on the same page. Let’s focus on the bigger question.

        Is it possible to put pressure on both the Senate and the House to “Repeal Obamacare” and override a Presidential Veto in the best interest of ALL Americans?
        The President needs to be left out of the Debate.

        The SENATE is the key element here. Can Ted Cruz, Marco Rubio and the American Citizen make a strong enough case that Senate Democrats need to do this for their constituents, children, grandchildren and the future of America. Understandably a long shot, but just watched Lincoln and the battle over the 13th Amendment.

        • Orangeone

          It would be a nonissue if Congress impeached the SOB. ObamaCare will not matter, we will be at war within the next 60 days.  Barky will strip us of our gun rights, law enforcement and the military will confiscate them.  If he was able to send 38 millions rounds of ammo to Lebanon, it was to arm the MB to take over America and Israel.

  • lugita15

    This isn’t a victory at all actually. The Obama administration had already determined that the CLASS act program was unworkable, so it decided long ago that it wouldn’t implement it. So all the deal did was eliminate a program that wasn’t going to be in place anyway.

  • Orangeone

    Check out the newly passed Fiscal Cliff bill, it contains the “long-term care” study

  • Sober_Thinking

    So interesting but sad that only one small part of this was removed.

    Since his eminence Mr. Roberts saw to it that ALL of Obamacare wasn’t removed… it will be nice if we keep pulling at the strings… hopefully it will all come undone over time. But not soon enough unfortunately.

  • cabensg

    We’re looking at a mountain of trouble that needs to be removed and Republicans throw us a pebble and say that’s a good start.

  • We lost this battle long before Obamacare.

    Once people stopped thinking of insurance as “Insurance,” and started thinking of it as “Coverage,” it became an unstoppable train.

    I want to see the notion of coverage and benefits completely removed from government. Let the free market decide on a fair price for medical care. We can afford to provide a safety net for folks, like we always have, but that should not be anything more than reimbursements for basic care. We handled that just fine as a society for decades.

    For catastrophic health situations, people should buy genuine, old-fashioned “Insurance,” and the government should regulate what they can sell as insurance, and when they must pay on which situations. That’s nothing more than how most businesses are regulated.

    If people only insured against disaster, and then paid, out-of-pocket, for basic care and elective care, we would be in fantastic shape.

    • BikerHoop

      You’re absolutely correct. But some can’t afford to pay for basic care and/or elective care. Sometimes elective isn’t as elective as the name sounds. I’m up for a total knee replacement due to ‘significant arthritis’ and bone-on-bone. Even though the docs say it’s imperative that I have it, it’s still considered elective. Could I afford it without insurance? Nope. Fortunately, I have the VA to do the surgery so my out-of-pocket costs are going to be negligible, but there’s a lot of folks out there who need the same surgery that end up essentially crippled because they can’t afford the surgery.

      • That’s all because of government interference in the market.

        Over in India you can get it done, out of pocket, with transportation and hotel, for far less than what it costs over here. You can probably find a medical tourism provider (yes, they exist) who can get you a package that wouldn’t cost a whole lot more than the typical 15% out-of-pocket you’d have to pay here if you were insured. That’s how out-of-whack our medical payments are here.

        That’s because in India, the industry is competitive.

        BTW, I also favor gold-plated, lifetime insurance for anyone who serves in-theater while in uniform. Also lifetime insurance (not necessarily gold-plated) for anyone who serves, period. That’s the only state-run medical care I ever want to see, though.

        • BikerHoop

          I have to agree with you about the military insurance. I also believe that anyone wounded or the family of anyone killed in combat should be given a home, paid for by those who were defended.

          • I could maybe see agreeing with that. If steps were taken to prevent frauds like John Kerry (who by the way served in Vietnam) from filing for them because of some weak idea of a “battle wound.”

            I’ve contributed to funds to build special-needs housing for wounded warriors, so that is something I would be open to.

  • DevastatingLegDrop_22

    Imagine if they could defund the rest by surreptitiously inserting riders into Obama Party Night funding bills.

  • And these people will swear that this partial repeal will hurt the public, while simultaneously defending a $1,000,000,000,000.00 tax hike.

  • proudhispanicconservative

    This is what I hope is just one of the small deaths coming to Obama Care, read this it really gives you hope

  • Jazzee

    not enough repealed sorry the whole thing is a nightmare

  • repeal all of it, extra charges are already appearing on bills all over the place for medical equipment expenses…..what else can they tax? I can tell a dirty joke here, but don’t want to be banned from TRS, they are too valuable to me as a conservative website.