Press "Enter" to skip to content

Onder files legislation aimed at Obamacare

JEFFERSON CITY, Mo. — Senator-elect Bob Onder used his first piece of legislation to stake out his position on a coming Supreme Court lawsuit aimed at the heart of the Affordable Care Act.

Earlier this month, the court agreed to hear arguments in King v. Burwell, a case which could strike at the heart of President Obama’s signature legislation. The case deals directly with tax subsidies offered by the federal government to those who cannot afford insurance on their own and use an exchange to sign up for healthcare.

The language of the ACA states that such subsidies will be available to individuals purchasing insurance “established by the State under section 1311.” But since the creation of state exchanges was completely optional, 34 states did not establish them, leaving their citizens to use the federal healthcare.gov website.

Lawyers in King argue that individuals in these 34 states should not be eligible for their subsidies. Some supporters of the ACA call the issue a mere “drafting error” while more still argue that federal exchange subsidies weren’t intended to be limited.

Sen-elect Bob Onder
Sen-elect Bob Onder

In Missouri, Onder has leapt out in front of the issue. Onder’s legislation, according to a release from his office, “would require insurers to follow the Obamacare law as written and not accept federal subsidies.”

“Obamacare made it clear that states have the right to regulate insurance in their state,” Onder said. “By using insurance regulatory powers we can reverse the tyrannical impact of Obamacare on Missourians.”

And while Onder supports the legal challenge to Obamacare, he noted that the bill wouldn’t be necessary if the King case is ruled in favor of the law’s challengers. Should the court uphold the decision by U.S. Court of Appeals for the 4th Circuit that federal subsidies are perfectly legal, Onder says the bill will allow Missourians to reject the subsidies anyway.

Because Missouri established no state exchange Onder admitted that for some, the loss of federal subsidies would cause their insurance rates to increase. But he says he doesn’t see that as a reason not to file the bill when weighed against the “larger tyranny” of Obamacare.

“You had at least six million people lose their insurance, maybe more, and still others who can no longer afford insurance,” Onder said. “We need to completely repeal this law, and that transition period can be difficult, but ultimately it’s going to get us out from under this terrible piece of legislation.”