It violates the public policy set forth in this act

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It violates the public policy set forth in this Act for any such individuals, laws, or rules to implement or operate a health insurance “exchange” under the federal Patient Protection and
41Affordable Care Act.(2)If a health insurance issuer operating in the state of [X] accepts any remuneration that may result in the imposition of penalties contrary to the public policy set forth herein, such issuer’s li-cense to issue new business in the state of [X] shall be suspended immediately and until such time as the issuer represents it has returned that remuneration to its source and will decline any such future remuneration. Such suspensions shall not be construed as impairing the right of contract. (3)The attorney general shall take such action as is provided in Section 2 in the defense or prosecution of rights protected under this act.SECTION 2. DUTIES OF ATTORNEY GENERAL. It is the duty of the attorney general to seek injunc-tive and any other appropriate relief as expeditiously as possible to preserve the rights and property of the residents of the state of [X], and to defend as necessary the state of [X], its officials, employees and agents in the event that any law or regulation violating the public policy set forth in this Act, is enacted by any government, subdivision, or agency thereof.
42NotesThe author thanks Jonathan H. Adler, Joel Al-lumbaugh, Joe Coletti, Linda Gorman, Meinan Goto, Brittany LaCouture, Peter Nelson, Kather-ine Restrepo, and Richard Urich for their assis-tance with this study.1. Christopher J. Conover, “Congress Should Account for the Excess Burden of Taxation,” Cato Institute Policy Analysis no. 669, October 13, 2010, p. 8, PA669.pdf.2. Michael F. Cannon, “Yes, ObamaCare Will Eliminate Some 800,000 Jobs,” [email protected], No-vember 2, 2011, yes-obamacare-will-eliminate-some-800000-jobs/. (“Why should we care only about someone not get-ting a paycheckand not at all about a job left un-done?” Emphasis in original.) See also, The White House Office of the Press Secretary, “Remarks by the President on Education,” July 24, 2009, http://-by-the-President-at-the-Department-of-Education (lamenting “costs [of] hundreds of billions of dol-lars in wages that will not be earned, jobs that will not be done, and purchases that will not be made”).3. Congressional Budget Office (CBO), The Bud-get and Economic Outlook: An Update, August 2010, p. 49, files/ftpdocs/117xx/doc11705/08-18-update.pdf. The employer mandate applies to employers with more than 50 employees. The penalty for failing to provide “essential” and “affordable” health benefits is a fine of $2,000 per full-time employee, minus the first 30 full-time employees.

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