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This is a problem and perhaps one that was not made known when the ACA was drafted. That is not to say that it couldn't be fixed if congress decided to become responsible. In fact the article even shows how this might be solved.
Here is one item from the article you did not show in your original post:
The territorial insurance regulators, on their own and in coordination with the National Association of Insurance Commissioners, have asked the Obama administration for a one-year delay in the requirement that insurers accept all shoppers.
But Health and Human Services has said previously that it doesn't have the regulatory authority to delay a health law provision--only Congress can make that type of an alteration. In a letter this summer, the administration also pointed to the territories' previously eager support for the health-care law which they saw as an about-face. As HHS describes it, territories initially embraced the new regulations only to later reject them.
"HHS, at the request of and with full support from territories, confirmed the Affordable Care Act's market reform provisions that are incorporated into the PHS Act, including the guaranteed availability provision, are applicable to the territories," Center for Consumer Information and Insurance Oversight director Gary Cohen wrote in a July letter to territorial governors.
"However meritorious your request might be," Cohen continues, "HHS is not authorized to choose which provisions...might apply to the territories."
(Territorial officials are quick to point out here that the administration has allowed other delays, to provisions like the employer mandate, when they proved too burdensome to implement. "They keep telling us they can't change the law, but they moved the mandates," says Art Ilagan, Guam's top insurance regulator.)
The administration has offered technical assistance to alleviate the problem alongside potential policy work-arounds. One solution Health and Human Services has suggested is having the territories pass their own individual mandates, just as Massachusetts did back in 2006. But the regulators say that won't work either, because they don't have enough money to subsidize the purchase of insurance coverage for their citizens.
This is a problem that can if congress decides to become responsible and not obstructionist. As I have been saying many times, the ACA is not some act that was carved in stone tablets by the hand of God and presented to President Obama on the top of some mountain. It is an act that was passed by congress, signed into law by the president and upheld by the supreme court. It can and should be changed by congress to make it work better. No doubt this was a glitch that was overlooked when the act was drafted in congress and a fix to this is simple if congress chooses to be responsible.
Maybe there is hope that congress may become responsible again after the public revulsion over the government shut down. The House of Representatives has been more of a cast of clowns than a legislative body and a real embarrassment. Rather than do their duty to make the ACA work better, they have chosen instead to focus on futile attempts to repeal the ACA which will never happen. President Obama has offered many times to work with congressional Republicans, but they have refused even to meet him a third of the way, let alone even half way.
Perhaps with an important mid term election coming up next November, maybe congress will get some responsibility and work with the president to make the ACA work better. Perhaps miracles do happen, but I am not holding my breath over that. Instead I will be doing everything I can to make sure that obstructionist Republicans are defeated next November.