Question to my readers on Article II MFN exemption expiration dates (re Affordable Care Act expiration)

The survival of the Affordable Care Act is dependent on what it is in the WTO's eyes. Its not at all clear to me.

The following graphic is a screenshot from a page of Bart De Meester's thesis on financial services regulation. It has a lot of information on provisions of the GATS trade agreement relating to financial services, of which health insurance is one. Because of the GATS rules on likeness, among many other things, since the US has scheduled these Specific Commitments its rules regulate what we can do in those service sectors. One constraint is that whatever we do, it cannot crowd out commercial services. It must be limited to the minimally trade restrictive government intervention possible. 

Additionally, since we were one of around 30 countries that signed an alternative form of financial services commitment, we actually led in the push to do this, the Understanding on Commitments in Financial Services there is also a freeze we put on our fincial regulation, limiting what we regulate to the regulations that existed in February 1998.

Thats right, since its financial services, what we do is limited to the level of regulation that existed on the date of the signing of the Understanding on Commitments in Financial Services. And of course, since its within GATS scope, for those who could not otherwise buy it. As long as we remain within the GATS, our ability to help people is limited to those who are not being served by the current market in any way. The people who fall through the cracks.

So that means that in 2010 when the ACA was put forward, it seems to have violated this rule that we ourselves wrote.

You can read a bit in Nicholas Skala's paper about the roadblocks the various proposals were facing in his 2009 paper on GATS and healthcare reform..

So, I have been wondering how have we done this? What kind of exemption does the ACA fall under to these rules? Some emergency safeguard measures, and Article II exemptions exist..

The highlighted area below gives you an idea of what I am wondering about.

Does anybody know if this is still in effect? If so, we may have found the reason why the Affordable Care Act might be able to survive past 10 years despite violating the standstill in the Understanding on Commitments in Financial Services.

Article II MFN exemption term / Affordable Care ActSource is this thesis by now Dr. De Meester. But it may or not be applicable. Does anybody know? If so please send me a message via the contact form.

That's a hell of a sketchy way to run a country.

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