Major legislative actions during the early part of the 115th Congress have undermined the central argument for regulatory reform measures such as the REINS Act, a bill that would require congressional approval of all new major regulations. Proponents of the REINS Act argue that it would make the federal regulatory system more democratic by shifting responsibility for regulatory decisions away from unelected bureaucrats and toward the people’s representatives in Congress. But separate legislative actions in the opening of the 115th Congress only call this argument into question. Congress’s most significant initiatives during this period — its derailed attempts to repeal and replace the Affordable Care Act and its successful efforts to repeal fifteen regulations under the Congressional Review Act — exhibited a startling lack of democratic deliberation. These repeal efforts reveal how the REINS Act would counterintuitively undermine key democratic elements of the current regulatory process by rendering it less transparent and deliberative.
What Congress’s Repeal Efforts Can Teach Us About Regulatory Reform by Cary Coglianese, Gabriel Scheffler :: SSRNDecember 8, 2017
As Mr. McCain entered the chamber, Senate Minority Leader Chuck Schumer (D., N.Y.) was urging his colleagues to find common ground. From a corner of the Senate chamber, Mr. McCain quietly clapped. It would be one of his most visible final gestures before Mr. McCain, at about 1:27 a.m., stuck his thumb down and formally registered himself as the vote that would block the GOP health plan from advancing.
Forced to navigate House Republican politics, the lobbying pressure from the insurance industry, and the obscure rules of the budgeting process, Ryan has produced a bill that nobody would ever propose as a sane solution to the problems with Obamacare. Its only chance is speed. If Ryan can rush and muscle it through the House and Mitch McConnell can do the same in the Senate, it might end up on Trump’s desk. But the more scrutiny this House bill is subjected to, the more likely it is to share the fate of most efforts at health-care reform and die somewhere on its journey to the Senate, and perhaps long before then. If his health-care-reform effort fails, Ryan himself may not survive as the House leader. Meadows and his colleagues catapulted Ryan to the Speakership, and they still have the power to bring him down.
Pro-business House Democrats who call themselves the “New Democrat Coalition” and a group of Republican moderates gathered Wednesday without any fanfare in a Capitol Hill basement room to talk about joining forces — and potentially combining their vote clout.”There are 54 New Dems, and we have 54 members,” said Representative Dan Donovan of New York, a member of the House Republican “Tuesday Group” of centrists. “That’s 108 votes, altogether.”
“That’s a pretty powerful group,” Donovan said, in the context of a 435-seat House chamber.These lawmakers say they are exploring paths to middle grounds on a tax-code overhaul and infrastructure spending, as well as health care, the nation’s debt and other legislation.
But Senate rules do, in fact, allow repeal of ObamaCare’s insurance regulations through the special “budget reconciliation” process that requires only 51 votes to approve legislation. Even if the Senate parliamentarian misinterprets those rules — and this would be an egregious misinterpretation — a majority of the Senate can overrule that misinterpretation.In short, the question is not whether Republicans can repeal the regulations. It is whether they have the will.
Using the word repair “captures exactly what the large majority of the American people want,” said Frank Luntz, a prominent Republican consultant and pollster who addressed GOP lawmakers at their retreat.“The public is particularly hostile about skyrocketing costs, and they demand immediate change,” Luntz said in an e-mail response to questions. “Repair is a less partisan but no less action-oriented phrase that Americans overwhelmingly embrace.”
Rand Paul’s health plan ensures that Americans can purchase the health insurance coverage that best fits their needs by eliminating Obamacare’s essential health benefits requirement, along with other restrictive coverage and plan requirements, to once again make low-cost insurance options available to American consumers.
It also protects individuals with pre-existing conditions by providing a two-year open-enrollment period under which individuals with pre-existing conditions can obtain coverage.
The plan helps more people save to buy health insurance and cover medical costs by authorizing a tax credit (up to $5,000 per taxpayer) for individuals and families that contribute to HSAs, removes the annual cap on HSAs so individuals can make unlimited contributions, and allows those HSA funds to be used for a wide range of uses. Its money you have designated for health related costs, so you should be able to use it for things like prescription and OTC drugs, dietary supplements, nutrition and physical exercise expenses, and direct primary care, among others.