The Obama Administration Punts On Another Key ACA Provision

President Barack Obama talks with Jack Lew on the Colonnade of the White House, after he announced Lew’s nomination to replace Peter Orszag as director of the Office of Management and Budget, July 13, 2010. At left... President Barack Obama talks with Jack Lew on the Colonnade of the White House, after he announced Lew’s nomination to replace Peter Orszag as director of the Office of Management and Budget, July 13, 2010. At left, Bo, the Obama family dog, waits for the President inside the doorway of the Outer Oval Office. (Official White House Photo by Pete Souza) This official White House photograph is being made available only for publication by news organizations and/or for personal use printing by the subject(s) of the photograph. The photograph may not be manipulated in any way and may not be used in commercial or political materials, advertisements, emails, products, promotions that in any way suggests approval or endorsement of the President, the First Family, or the White House. MORE LESS
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The Treasury Department announced late Tuesday that it will delay imposition of penalties on large employers who do not provide comprehensive insurance for their employees.

“The Administration is announcing that it will provide an additional year before the ACA mandatory employer and insurer reporting requirements begin,” Mark J. Mazur, assistant secretary for tax policy, wrote in a blog post on Treasury’s website.

The development carries too many implications to count. Politically, the administration is now vulnerable to claims that it is again delaying unpopular provisions of the law until after an important election. It’s also reinforcing the notion, propounded by the law’s opponents, that the whole thing is an unworkable mess that needs to be repealed.

But the largest implications are substantive.

Back in 2012, CBO estimated that the employer penalty would reduce the deficit by about $4 billion in fiscal year 2014. But by zeroing out the penalty, the administration will not only forfeit the revenue it would have collected, but it will have removed an incentive for employers to provide coverage themselves. That probably means more workers than expected will land in the exchanges, many of whom will receive subsidies to purchase insurance themselves, which will increase spending under the law and diminish its deficit reducing potential.

Workers who aren’t eligible for subsidies will be expected to pay for their premiums entirely out of pocket.

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