Take Back America
In 2010, the Patient Protection and Affordable Care Act (ACA) created the Independent Payment Advisory Board, or IPAB. The act authorizes IPAB to cut Medicare payments even further than ACA itself does. More importantly, Congress designed IPAB so that its decisions would automatically take effect, even in the face of resistance from the public or Congress, say Diane Cohen, a senior attorney at the Goldwater Institute, and Michael F. Cannon, director of health policy studies at the Cato Institute.
If this sounds dangerous, that's because it is: the ACA bypasses the constitutionally prescribed manner by which proposed legislation becomes law by allowing unelected officials to unilaterally create new laws without proceeding through the normal legislative process.
The precedent is frightening, as one can easily see how such a ceding of power can allow a party in control to confer more powers on unelected officials capable of perpetuating the party's preferences long after its tenure. Recognizing these aspects of IPAB, the legislative and judicial branches are already beginning to act.
Source: Diane Cohen and Michael F. Cannon, "The Independent Payment Advisory Board: PPACA's Anti-Constitutional and Authoritarian Super-Legislature," Cato Institute, June 14, 2012.
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