CLASS Act – Zombie Legislation

The dysfunctional piece of legislation known as the CLASS Act has been recognized by the administration as being financially unsustainable and as such HHS Secretary Sibelius declared last October that it could not be implemented. As we have discussed earlier the intent of this portion of the ACA seemed more for biased budget scoring than for anything else.

The House of Representatives, in a rare move with some bipartisan support actually voted to repeal the CLASS Act on Wednesday, February 1. However, the Democratic controlled Senate and the President have stated that they will not support this repeal action. Why not? It seems that this will be used as another political example of the House of Representatives denying help to some needy portion of the population.

Is there a problem with a piece of legislation that cannot be implemented, but remains in force? As Avik Roy has pointed out there are dangers to this, pointing out that the Congressional Research Office sees the possibility of the courts ordering implementation even though it isn’t financially sustainable as written.

Undead legislation is always a horror movie waiting to happen.