The continuing resolution that needs to be passed sometime soon to keep the government open will deal with PPACA. There are currently two big things not included in the resolution. One may prompt a veto threat (I assess that at 10% probability) and the other has been baked into the cake for over a year now.
The big new thing that is not in the continuing resolution at this time is an appropriation to fund the risk corridors. The Hill explains:
The language, buried deep in the 1,603-page bill, is a victory for conservative opponents of the healthcare law. It would prevent new government funds from flowing to ObamaCare’s so-called risk corridors, a three-year program established to subsidize insurer losses in order to keep premiums stable.
A commonly used tool in public policy, risk corridors have become a political football since Sen. Marco Rubio (R-Fla.) highlighted the ObamaCare provision as a “bailout” in November of last year. Since then, activists with Heritage Action and other groups have repeatedly sought to kill the payments in major fiscal negotiations.
The “cromnibus” spending bill would allow the government to continue collecting payments from insurers that post better-than-expected results under ObamaCare and passing them to companies that do worse. But it would not permit the Centers for Medicare and Medicaid Services to make additional funds available for insurers that are struggling.
Risk corridors are used to create incentives for insurers to participate in fuzzily defined markets. Insurers that price in a way that attracts only healthy populations send money to insurers who have to cover the sicker parts of the population. Medicare Part D has permanant two-way risk corridors. PPACA had temporary three year risk corridors authorized but the money was not appropriated to pay for them past the FY2014. The Congressional Research Service issued an opinion that the PPACA language was too fuzzy and did not explicitly appropriate money to go back out.
What are the work-arounds?