Did Obama's lawyers mess up the Affordable Care Act?

A new paper from Health Matrix: Journal of Law-Medicine suggests that a missing word in the Affordable Care Act, the 2000-page law which created Obamacare, may scupper a key provision of the plan.

The Act brings into existence health insurance exchanges, federally- and state-run institutions which centralise and regulate the process of buying health insurance for people with enough income to not be eligible for Medicare. It also lays out who can get federal subsidies to buy insurance from those exchanges, the idea being that those subsidies will gradually encourage people to migrate from America's current system of employer-provided insurance to a saner system of individuals buying their own healthcare, which will hopefully lead to, among other things, fewer people dying as a direct result of losing their job.

Unfortunately, the authors of the article alledge that a drafting error by the administration's lawyers has rendered that aim unachievable. In the passage laying out who can get that crucial federal subsidy, Article 1401 the law restricts eligibility to those who "enrolled … through an Exchange established by the State under 1311." And Article 1311 defines an exchange as a "governmental agency or nonprofit entity that is established by a state."

Crucially, the definition of an exchange, for the purposes of the federal subsidy, seems to exclude federal exchanges.

The authors argue that this is on purpose, citing the words of the head of the Senate finance committee that "the bill conditions the availability of tax credits on each state creating its own Exchange". The Obama administration obviously believes the latter, with the Washington Post's Sarah Kliff arguing that:

There’s another part of Section 1401 — Section 1401(f)(3), to be exact — that requires both federal and state exchanges to report information about any credits being administered. Why would federal exchanges need to report that information, the thinking goes, if they were not administering credits?

If the difference in phrasing is a genuine mistake - a so-called "Scrivener's error" - then it will lead to a mildly embarrassing court case where that point is clarified, and that's that. But if the administrations lawyers actually did miss a clause inserted by one of the co-authors which fundamentally changes the meaning of the law, this one could run and run.

*Obama facepalm*. Photograph: Getty Images

Alex Hern is a technology reporter for the Guardian. He was formerly staff writer at the New Statesman. You should follow Alex on Twitter.

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Munich shootings: The bloody drama where everyone knows their part

A teenage gunman murdered nine people in Munich on Friday night. 

At time of writing, we know only certain facts about the gunman who shot and killed nine people and wounded many more at a shopping centre in Munich.

He was 18 years old. He was German-Iranian. He was reported to have shouted: "I am German." After murdering his innocent victims he killed himself.

We don't know his motive. We may never truly understand his motive. And yet, over the last few years, we have all come to know the way this story goes.

There is a crowd, usually at ease - concertgoers, revellers or, in this case, shoppers. Then the man - it's usually a man - arrives with a gun or whatever other tool of murder he can get his hands on. 

As he unleashes terror on the crowd, he shouts something. This is the crucial part. He may be a loner, an outsider or a crook, but a few sentences is all it takes to elevate him into the top ranks of the Islamic State or the neo-Nazi elite.

Even before the bystanders have reported this, world leaders are already reacting. In the case of Munich, the French president Francois Hollande called Friday night's tragedy a "disgusting terrorist attack" aimed at stirring up fear. 

Boris Johnson, the UK's new foreign secretary, went further. At 9.30pm, while the attack was ongoing, he said

"If, as seems very likely, this is another terrorist incident, then I think it proves once again that we have a global phenomenon now and a global sickness that we have to tackle both at source - in the areas where the cancer is being incubated in the Middle East - and also of course around the world."

On Saturday morning, reports of multiple gunmen had boiled down to one, now dead, teenager. the chief of Munich police stated the teenage gunman's motive was "fully unknown". Iran, his second country of citizenship, condemned "the killing of innocent and defenceless people". 

And Europe's onlookers are left with sympathy for the victims, and a question. How much meaning should we ascribe to such an attack? Is it evidence of what we fear - that Western Europe is under sustained attack from terrorists? Or is this simply the work of a murderous, attention-seeking teenager?

In Munich, mourners lay flowers. Flags fly at half mast. The facts will come out, eventually. But by that time, the world may have drawn its own conclusions.