Author Archives: Eric Johnson

Eric Johnson

About Eric Johnson

Eric possesses many traits that make you think he was born to be Geonetric’s proposal and contract manager. Clever. Well educated. Quick witted. And when holding your own with in-house counsel at heavy-hitting organizations is in your job description, these qualities are pretty valuable. He brings an impressive arsenal of education and experience to the table, including a law degree from Thomas Jefferson School of Law, a bachelor’s degree in business management and psychology from Mt. Mercy University, experience managing contracts for a large telecom company, and of course his stint managing promotion for a radio station outside New York City. You wouldn’t think the promo gig would prove meaningful in a proposal and contract career, but when you’ve been able to track down Jessica Simpson and talk her into an interview, it gives you all the confidence you need later in life. When he’s not reviewing exhibits, Eric can be found providing live status updates on Facebook for the biggest events – including political debates and video music award shows.

Obamacare, The Problem Child

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In a series of high-stakes court battles, the Patient Protection and Affordable Care Act (PPACA) has viciously torn its way through the legal labyrinth. From a high-level procedural posture standpoint, many lower courts have heard cases involving PPACA.

U.S. District Judge Roger Vinson ruled that the individual health insurance mandate falls outside the federal authority in the Constitution, and that the provision could not be disconnected from PPACA; therefore concluding the entire Act must be struck down. In the converse, members of a three-judge panel at the District of Columbia U.S. Circuit Court of Appeals ruled 2-1 that the individual health coverage mandate is constitutional. The dissenting judge on the panel argued that the federal Anti-Injunction Act prohibits the federal courts from considering suits seeking to block implementation of new federal taxes, at least until they incur some sort of penalty. The 4th Circuit Court of Appeals agreed with that judge, dismissing two PPACA cases concerning the individual mandate, finding that the suits were barred under the Anti-Injunction Act.

The Eleventh Circuit Court of Appeals dividedly affirmed Judge Vinson’s decision in part; the panel agreed that the mandate was unconstitutional, but held that it actually could be severed from the rest of the Act, allowing the rest of PPACA to remain. The federal government declined to seek review by the Eleventh Circuit and instead petitioned for the U.S. Supreme Court to review the panel’s ruling. On November 14, 2011, the Supreme Court agreed to hear the case, and here we are today; the commencement of that hearing.

Does the problem child have a future?

Every child has a future. In this case, even if PPACA is struck down, all parties seem to agree that future healthcare reform will draw at least in part on Obamacare. However, in this case, of the four issues the Supreme Court has agreed to hear, the key issue is the constitutionality of the individual mandate.

According to a CMIO post, if the Court upholds the individual mandate it will go into effect in 2014. If they strike it down, the Court will then consider whether the mandate is severable from the remainder of the law, which will determine whether PPACA’s other provisions survive. If the Court decides that the individual mandate is “inextricably linked” to PPACA as a whole, they will likely strike down the entire Act.

One of the most frequently asked questions in regard to the individual mandate is, “What does the provision mean for those who don’t purchase healthcare?” Individuals who can but choose not to obtain qualifying health care coverage under this law will be required to pay a penalty as part of their income tax returns. In 2014, the penalty is $95 or 1% of the individual’s income, whichever is greater.

However, according to NPR, PPACA provides a vast system of subsidies to help people afford health insurance. Subsidies are available to people on a sliding scale, up to 400% of the poverty level. This year that would be a family of three with an income up to $76,360 and a family of four up to $92,050. Even then, if there’s no affordable policy available, people can be declared exempt. And most of those with insurance provided by their employer will meet the requirement automatically, so they won’t have to do anything.

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Happy 2nd Birthday, Baby Obamacare!

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Just over two years ago, President Barack Obama officially gave birth to the Patient Protection and Affordable Care Act (PPACA) – inarguably one of the most momentous healthcare laws in our country’s history. In fact, you’d be hard pressed to find a single person in America who won’t at some point in the next two years be affected by PPACA, should it be upheld. And for those of you thinking you have no idea what I’m talking about, you might be more familiar with PPACA’s alias “Obamacare.”

Advocates of PPACA define PPACA as a federal statute that will ensure all Americans have access to affordable healthcare, and ultimately improve quality of care by rewarding doctors and hospitals who meet Meaningful Use criteria. Challengers of PPACA claim it’s an act of socialism that will degrade quality of care, as the once uninsured masses flood ERs across the country causing demand to rise far more rapidly than supply.

One thing is certain: PPACA has led to an all-out war. Soldiers on both sides of this battle continue to launch politically contentious bombs at one another in the court of public opinion, seemingly oblivious to the fact that PPACA actually headed to the Supreme Court yesterday. And while these proceedings should catch the attention of all Americans (and even those abroad), members of the healthcare community should be particularly keen on how these pivotal six hours of arguments over the next few days play out.

Before anyone goes into this week’s almost certain media frenzy over the Supreme Court hearing, there’s some very basic information that can help get you up to speed on how President Obama’s baby, so-called Obamacare, has grown – from conception to birth to its second birthday.

Conception by the Senate in the privacy of the House.

Many on the right fail to realize that the first iteration of what would become the PPACA was initially passed by the House – where the Constitution requires all revenue-related bills to originate – as a modification to the Internal Revenue Code. Many on the left fail to realize that the Senate used this iteration to catapult their own healthcare reform plan by completely revising it, incorporating terms they knew were favored by the Senate Health and Finance committees. After some debate and negotiations, the Senate passed the bill on December 24, 2009.

Planning for Kiddie Care.

Once the Senate’s version of the bill got back to the House, White House Chief of Staff Rahm Emanuel argued for a scaled back bill in the face of the recently-elected Senator Scott Brown’s imminent stalling tactics. Although President Obama leaned in support of Emanuel’s proposal, he was soon convinced not to back down by House Speaker Nancy Pelosi, who dubbed Emanuel’s pared down bill idea, “Kiddie Care.”

President Obama then introduced a healthcare reform plan of his own, and over time was successful in gaining buy-in. The most viable option at that point for advocates of comprehensive reform was for the House to pass the Senate’s bill, with every intention of subsequently passing amendments to it – much like the Senate did to the House’s original version. After a considerable amount of negotiations that involved controversial concessions by President Obama, including one related to certain restrictions on federal funding of abortions, the House passed the bill on March 21, 2010.

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