Looks like another setback for the GOP and the trump.........

What would be funny is if only he and Rand oppose it (assuming Murkowski and Collins can be bought off).

John and Rand, finally together in the trenches making their last stand...

Didn't McStain promise to die? When's he going to die?

That old bastard was just toying with us, trying to get our hopes up.

Was this his plan all along?

"“We’re going to have insurance for everybody,” Trump said in an interview with The Washington Post. “There was a philosophy in some circles that if you can’t pay for it, you don’t get it. That’s not going to happen with us.”

Sen. John McCain announced Friday that he opposes the Republicans' last-ditch Obamacare repeal effort, which could almost nearly kill the bill.

(insert Foghorn Leghorn voice) "AHM SHOCKED! SHOCKED AH TELLS YA!"

Didn't McStain promise to die?

Has that SOB EVER told the truth?

H.R.1628 - American Health Care Act of 2017

115th Congress (2017-2018)

Sponsor: Rep. Black, Diane [R-TN-6] (Introduced 03/20/2017) Committees: House - Budget Committee Reports: H. Rept. 115-52 Latest Action: 09/14/2017 Considered by Senate. (All Actions) Roll Call Votes: There have been 13 roll call votes

Progressed to passage in the House.

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - -

Rep. Black, by Graham, Cassidy, Heller, Johnson, Blunt FY 2017 Budget Reconciliation Bill, (Senate Amendment SA 1030, so-called Obamacare Repeal Bill)

This proposes to replace the entire text of the Black Bill, American Health Care Act of 2017. It proposes to enact Obamacare II in the same manner in which Obamacare I was enacted.

Congressional Record, Senate, S5682, September 13, 2017

SA 1030. Mr. GRAHAM (for himself, Mr. CASSIDY, Mr. HELLER, Mr. JOHNSON, and Mr. BLUNT) submitted an amendment intended to be proposed by him to the bill H.R. 1628, to provide for reconciliation pursuant to title II of the concurrent resolution on the budget for fiscal year 2017; which was ordered to lie on the table; as follows: Strike all after the enacting clause and insert the following:

TITLE I

SEC. 101. ELIMINATION OF LIMITATION ON RECAPTURE OF EXCESS ADVANCE PAYMENTS OF PREMIUM TAX CREDITS.

[...]

At Congressional Record, Senate, S5684, September 13, 2017

‘‘(4) MARKET-BASED HEALTH CARE GRANT ALLOTMENTS.—

‘‘(A) APPROPRIATION.—For the purpose of providing allotments to States under this subsection, there is appropriated, out of any money in the Treasury not otherwise appropriated—

‘‘(i) for calendar year 2020, $146,000,000,000;
‘‘(ii) for calendar year 2021, $146,000,000,000;
‘‘(iii) for calendar year 2022, $157,000,000,000;
‘‘(iv) for calendar year 2023, $168,000,000,000;
‘‘(v) for calendar year 2024, $179,000,000,000;
‘‘(vi) for calendar year 2025, $190,000,000,000;

and

‘‘(vii) for calendar year 2026, $190,000,000,000.

At Congressional Record, Senate, S5695, September 13, 2017

SEC. 204. APPLICATION OF ENFORCEMENT PENALTIES.

(a) IN GENERAL.—Section 2723 of the Public Health Service Act (42 U.S.C. 300gg–22) is amended—

(1) in subsection (a)—

(A) in paragraph (1), by inserting ‘‘and of section 1303 of the Patient Protection and Affordable Care Act’’ after ‘‘this part’’; and

(B) in paragraph (2), by inserting ‘‘or in such section 1303’’ after ‘‘this part’’; and

(2) in subsection (b)—

(A) in paragraphs (1) and (2)(A), by inserting ‘‘or section 1303 of the Patient Protection and Affordable Care Act’’ after ‘‘this part’’ each place such term appears;

(B) in paragraph (2)(C)(ii), by inserting ‘‘and section 1303 of the Patient Protection and Affordable Care Act’’ after ‘‘this part’’.

(b) EFFECT OF WAIVER.—A State waiver pursuant to section 1332 of the Patient Protection and Affordable Care Act (42 U.S.C. 18052) shall not affect the authority of the Secretary to impose penalties under section 2723 of the Public Health Service Act (42 U.S.C. 300gg–22).

As the effect of the above, as with other amendment provisions, is utterly incomprehensible without the cited Statute being amended, here is 42 U.S.C. 300gg–22.

https://www.law.cornell.edu/uscode/text/42/300gg-22

U.S. Code › Title 42 › Chapter 6A › Subchapter XXV › Part A › Subpart 2 › § 300gg–22

42 U.S. Code § 300gg–22 - Enforcement

(a) State enforcement

(1) State authority

Subject to section 300gg–23 [1] of this title, each State may require that health insurance issuers that issue, sell, renew, or offer health insurance coverage in the State in the individual or group market meet the requirements of this part with respect to such issuers.

(2) Failure to implement provisions

In the case of a determination by the Secretary that a State has failed to substantially enforce a provision (or provisions) in this part with respect to health insurance issuers in the State, the Secretary shall enforce such provision (or provisions) under subsection (b) of this section insofar as they relate to the issuance, sale, renewal, and offering of health insurance coverage in connection with group health plans or individual health insurance coverage in such State.

(b) Secretarial enforcement authority

(1) Limitation

The provisions of this subsection shall apply to enforcement of a provision (or provisions) of this part only—

(A) as provided under subsection (a)(2) of this section; and

(B) with respect to individual health insurance coverage or group health plans that are non-Federal governmental plans.

(2) Imposition of penalties

In the cases described in paragraph (1)—

(A) In general

Subject to the succeeding provisions of this subsection, any non-Federal governmental plan that is a group health plan and any health insurance issuer that fails to meet a provision of this part applicable to such plan or issuer is subject to a civil money penalty under this subsection.

(B) Liability for penalty

In the case of a failure by—

(i) a health insurance issuer, the issuer is liable for such penalty, or

(ii) a group health plan that is a non-Federal governmental plan which is—

(I) sponsored by 2 or more employers, the plan is liable for such penalty, or

(II) not so sponsored, the employer is liable for such penalty.

(C) Amount of penalty

(i) In general The maximum amount of penalty imposed under this paragraph is $100 for each day for each individual with respect to which such a failure occurs. (ii) Considerations in imposition In determining the amount of any penalty to be assessed under this paragraph, the Secretary shall take into account the previous record of compliance of the entity being assessed with the applicable provisions of this part and the gravity of the violation.

(iii) Limitations

(I) Penalty not to apply where failure not discovered exercising reasonable diligence No civil money penalty shall be imposed under this paragraph on any failure during any period for which it is established to the satisfaction of the Secretary that none of the entities against whom the penalty would be imposed knew, or exercising reasonable diligence would have known, that such failure existed.

(II) Penalty not to apply to failures corrected within 30 days No civil money penalty shall be imposed under this paragraph on any failure if such failure was due to reasonable cause and not to willful neglect, and such failure is corrected during the 30-day period beginning on the first day any of the entities against whom the penalty would be imposed knew, or exercising reasonable diligence would have known, that such failure existed.

(D) Administrative review

(i) Opportunity for hearing The entity assessed shall be afforded an opportunity for hearing by the Secretary upon request made within 30 days after the date of the issuance of a notice of assessment. In such hearing the decision shall be made on the record pursuant to section 554 of title 5. If no hearing is requested, the assessment shall constitute a final and unappealable order.

(ii) Hearing procedure If a hearing is requested, the initial agency decision shall be made by an administrative law judge, and such decision shall become the final order unless the Secretary modifies or vacates the decision. Notice of intent to modify or vacate the decision of the administrative law judge shall be issued to the parties within 30 days after the date of the decision of the judge. A final order which takes effect under this paragraph shall be subject to review only as provided under subparagraph (E).

(E) Judicial review

(i) Filing of action for review Any entity against whom an order imposing a civil money penalty has been entered after an agency hearing under this paragraph may obtain review by the United States district court for any district in which such entity is located or the United States District Court for the District of Columbia by filing a notice of appeal in such court within 30 days from the date of such order, and simultaneously sending a copy of such notice by registered mail to the Secretary.

(ii) Certification of administrative record The Secretary shall promptly certify and file in such court the record upon which the penalty was imposed.

(iii) Standard for review The findings of the Secretary shall be set aside only if found to be unsupported by substantial evidence as provided by section 706 (2)(E) of title 5.

(iv) Appeal Any final decision, order, or judgment of the district court concerning such review shall be subject to appeal as provided in chapter 83 of title 28.

(F) Failure to pay assessment; maintenance of action

(i) Failure to pay assessment

If any entity fails to pay an assessment after it has become a final and unappealable order, or after the court has entered final judgment in favor of the Secretary, the Secretary shall refer the matter to the Attorney General who shall recover the amount assessed by action in the appropriate United States district court.

(ii) Nonreviewability In such action the validity and appropriateness of the final order imposing the penalty shall not be subject to review.

(G) Payment of penalties

Except as otherwise provided, penalties collected under this paragraph shall be paid to the Secretary (or other officer) imposing the penalty and shall be available without appropriation and until expended for the purpose of enforcing the provisions with respect to which the penalty was imposed.

(3) Enforcement authority relating to genetic discrimination

(A) General rule

In the cases described in paragraph (1), notwithstanding the provisions of paragraph (2)(C), the succeeding subparagraphs of this paragraph shall apply with respect to an action under this subsection by the Secretary with respect to any failure of a health insurance issuer in connection with a group health plan, to meet the requirements of subsection (a)(1)(F), (b)(3), (c), or (d) ofsection 2702 [1] or section 2701 [1] or 2702 (b)(1) [1] with respect to genetic information in connection with the plan.

(B) Amount

(i) In general The amount of the penalty imposed under this paragraph shall be $100 for each day in the noncompliance period with respect to each participant or beneficiary to whom such failure relates.

(ii) Noncompliance period For purposes of this paragraph, the term “noncompliance period” means, with respect to any failure, the period—

(I) beginning on the date such failure first occurs; and

(II) ending on the date the failure is corrected.

(C) Minimum penalties where failure discovered

Notwithstanding clauses (i) and (ii) of subparagraph (D):

(i) In general In the case of 1 or more failures with respect to an individual—

(I) which are not corrected before the date on which the plan receives a notice from the Secretary of such violation; and

(II) which occurred or continued during the period involved; the amount of penalty imposed by subparagraph (A) by reason of such failures with respect to such individual shall not be less than $2,500.

(ii) Higher minimum penalty where violations are more than de minimis To the extent violations for which any person is liable under this paragraph for any year are more than de minimis, clause (i) shall be applied by substituting “$15,000” for “$2,500” with respect to such person.

(D) Limitations

(i) Penalty not to apply where failure not discovered exercising reasonable diligence No penalty shall be imposed by subparagraph (A) on any failure during any period for which it is established to the satisfaction of the Secretary that the person otherwise liable for such penalty did not know, and exercising reasonable diligence would not have known, that such failure existed.

(ii) Penalty not to apply to failures corrected within certain periods No penalty shall be imposed by subparagraph (A) on any failure if—

(I) such failure was due to reasonable cause and not to willful neglect; and

(II) such failure is corrected during the 30-day period beginning on the first date the person otherwise liable for such penalty knew, or exercising reasonable diligence would have known, that such failure existed.

(iii) Overall limitation for unintentional failures In the case of failures which are due to reasonable cause and not to willful neglect, the penalty imposed by subparagraph (A) for failures shall not exceed the amount equal to the lesser of—

(I) 10 percent of the aggregate amount paid or incurred by the employer (or predecessor employer) during the preceding taxable year for group health plans; or

(II) $500,000.

(E) Waiver by Secretary

In the case of a failure which is due to reasonable cause and not to willful neglect, the Secretary may waive part or all of the penalty imposed by subparagraph (A) to the extent that the payment of such penalty would be excessive relative to the failure involved.

[1] See References in Text note below.

CONGRESSIONAL RECORD, SENATE, 13 Sep 2017, 5682-5695

https://www.scribd.com/document/359631301/Graham-Cassidy-Heller-Johnson-and-Blunt-Amdt-to-HR-1628-to-Provide-for-Reconciliation-on-FY2017-Budget-Obamacare-Repeal-and-Replace

Senate Amendment SA1030 to Budget Reconciliation Act of 2017 to Amend (Replace entire text) of HR 1628 of Rep. Black, (American Health Care Act of 2017). This is also being called Obamacare Repeal and Replace.

I have read elsewhere that this essentially takes all the 0bamaCare money and blockgrants it to all the states, not just the ones who created 0bamaCare exchanges and accepted the Medicaid expansion.

Because it redistributes from the 0bamaCare states to include the non-0bamaCare states, it will result in reduced funding to the 0bamaCare states (Kentucky is one and Ohio is another, explaining why Rand Paul and Kasich both see this as a cut for their states because it is).

It seems unlikely with Stain and Rand against it that it can pass, even after they carved out exemptions for both Alaska and Montana (a buyoff similar to the old Cornhusker Kickback from 2010).

I can't really parse all of that legislative lingo very well.

That is the point. You are not supposed to be able to read it. You are only supposed to be able to read about it. Just like Obamacare, they want to put it in at the last minute and pass it without debate. You need to pass it to find out what's in it.

It would take months for CBO to read it and figure out what it actually does, and score it. I would prefer to do nothing than to assent blindly to Obamacare II. Without intervention, it will die of natural causes.

"You need to pass it to find out what's in it." -- the infamous Nancy Pelosi

What makes the Congressional Budget Office any more capable to read through the BULLSHIT than anyone with common streetwise smart sense?

"Let me tell you how its going to be John."

"Listen here bub im not your bitch!"

"Yes sir! What ever you say sir! Screw over America again! Sure just don't hit me again!!"

You see McCrazy's handler had him knocked around to remind him who his daddy is!