The rules changed Monday for American businesses trying to decipher what they're supposed to do under Obamacare. That is, the rules changed again.
This time, the White House delayed for another year the mandate forcing smaller employers to provide coverage to full-time workers. Employers with 50 to 99 full-timers now don't have to offer coverage or pay a penalty until 2016. That's the second delay in this mandate. Larger employers also caught a break: They now must offer coverage to fewer employees initially than dictated under the law.
The administration's slow-motion surrender on Obamacare mandates is not hard to fathom. The White House is worried that employers will cut jobs or scale back hours as Obamacare's costs explode. Delaying the mandate is smart because it gives employers greater flexibility to run their businesses.
But it also contributes to the uncertainty that has dogged Obamacare's rollout. What happens in 2015? More delays and rules changes for employers? More diversions from what the law demands? The White House and its Democratic allies may not know the answers to those questions. But we hope they'll see this moment, despite its embarrassment to them, as a major opportunity.
President Obama has said he is open to improving the law, not repealing it. The first improvement is obvious:
The Obamacare employer mandate is collapsing. Propping it up with delays leaves employers guessing and thus discourages hiring. The White House and Congress should end the business mandate now. Let businesses decide how and if to extend coverage to their employees, just as they do other benefits.
That move would tee up a second and equally necessary change: Scrap the individual mandate that Americans have health insurance or pay a penalty.
The individual mandate is a key trade-off in the law: People must buy insurance and, in exchange, they cannot be denied coverage because of pre-existing conditions. Such guaranteed coverage is popular with a wide swath of Americans. But the law also invites people to delay buying insurance because they know they can always get it, should they unexpectedly be injured or become seriously ill.