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Virginia Attorney General Ken Cuccinelli on how missing language in the health-care law may prevent it from being implemented as planned.
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Remember when Nancy Pelosi said congress had to pass health care in order to see what was -- right well she wasn't kidding.
According to a new report some missing language in the -- could blow the whole thing about the government's big promise to make health care affordable for everybody.
Earlier Virginia attorney general Ken collection -- explain why this is such an issue.
It's the reference to the tax credits.
That only floated health care changes set up -- state and the text of the law is pretty clear it's as established by a state.
And those tax credits are critical they -- the subsidy.
For folks in the health care exchanges.
That -- one intended to.
-- -- if you will states to set up the exchanges and a course for the benefit.
Of the people in each state to go into the exchanges now they were also going to be funded.
Via the penalties on businesses of two -- 3000 dollars per employee so there's a lot of moving parts here.
The Obama administration is NN legal -- on the tax -- -- yeah and he sent an email appears supporters saying you would push forward on this issue using this study.
You're unsuccessful in pushing a constitutional challenge to Obama care credit is this your hook.
Well what this does if we don't set up an exchange here in Virginia.
Is it gives our businesses -- defense to those enormous two -- 3000 dollar penalties in when you start multiply that by the number of employers.
Employees excuse me and remember this not only applies to the ones over fifty so take the low number 2000 times fifty equals a whole lot of money then.
Yeah it'll it'll either be battled out it -- that people can understand what we're talking about here all right are basically these two academics argue that any federally established health care exchange.
Doesn't have the authority to dole out health insurance -- subsidies.
There's basically a dispute in the law.
Part of a lot talks about exchanges being set up only by states they have to be state exchanges and other parts of the lot say -- -- -- the federal government can do it too.
So it's completely it sixes and sevens now.
Doesn't -- comes as a surprise to you we remember when Nancy Pelosi had to say about you know we -- -- a lot we and it passed that.
Now what narrowly passed there -- -- notes that and I'll tell you what.
She is right on that every day we find something new and uglier and uglier.
This one you know the the mention of establishment by a state of -- health care exchange isn't just in one part of the law.
If this was just a typo or something you'd expect to see it in one place.
It's in more than one section of the law it's relied upon in the entire sections of the law so I don't.
I don't dispute.
That this isn't going to be just cleanly resolved but at the state like Virginia decides not to set up an exchange we have given all of -- -- You're listening as this is your defenseless hear you right if you had to wait I do right now before we have to get out.
-- governor governor McDonnell says he did he doesn't want it except this Medicaid -- money from the federal government.
Because ultimately that to be on the hook for more Medicaid dollars -- shelves over time.
Or are you guys.
Gonna lead to charges it's gonna be some kind of issue in the national election will there be more governors and -- -- -- something like eight or nine right now we're making this.
Case you expected to catch fire and be excuse across the country.
Well look I'm I'm running for governor in Virginia in 2013.
And I'm taken a position as a candidate that we shouldn't do this Tim -- Former governor.
Former DNC chairs running for the US senate against former governor.
George Allen.
That's an appropriate question for them to have to answer George Allen is answered that question Tim Kaine has been notably quiet about it.
Though he was a real -- leader cheerleader for.
Obamacare even after the health -- ruling came through so it's reasonable to think he supports doing this this is going to be an issue.
In this year's campaign it's for us in Virginia it will be an issue next year because it is such an enormous.
Well dollar amount enormous dollar amount that I budget you know my view is that entitlement we can afford okay.
-- thanks for coming on tonight it's always a pleasure that is not insurance it's welfare it's not ensure that.
All right another -- thank you sir appreciate your time.
My pleasure to.
