Delaying the Implementation of the Affordable Care Act
posted by Gerard Magliocca
I have a question for health law folks or administrative law experts. (I am neither.) Exactly where is the Administration getting its legal authority to delay various provisions of the Affordable Care Act? Does the statute have some catch-all provision that addresses this? Do the particular provisions in question give HHS that power? If it is not in the statute, then how can this be done? Is impossibility a valid reason for delaying a statutory mandate with a deadline?