Policy Analysis of the Constitutionality of ACA’s IPAB

The CATO Institute’s analysis of the Constitutionality of the Affordable Care Act’s Independent Payment Advisory Board.

Document Excerpt

 When the unelected government officials on this board submit a legislative proposal to Congress, it automatically becomes law: PPACA requires the Secretary of Health and Human Services to implement it. Blocking an IPAB “proposal” requires at a minimum that the House and the Senate and the president agree on a substitute. The Board’s edicts therefore can become law without congressional action, congressional approval, meaningful congressional oversight, or being subject to a presidential veto. Citizens will have no power to challenge IPAB’s edicts in court.

Worse, PPACA forbids Congress from repealing IPAB outside of a seven-month window in the year 2017, and even then requires a three-fifths majority in both chambers.

 

Link http://www.cato.org/pubs/pas/PA700.pdf

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