I believe rash was referring to the Republicans in Congress forcing Ol'bama to live by the language of the law he begat. There were three "risk corridor" slush funds that the insurers burned through, so Ol'bama has been trying to move money around to bailout the insurance companies.
Large Bailout For ObamaCare Insurers May Be Coming
Average premium increases above 25%, roughly one-third of U.S. counties projected to lack any competition in the Affordable Care Act (ACA) exchanges next year, and enrollment less than half of initial expectations provide strong evidence that the law’s exchange program is failing. Moreover, the failure is occurring despite massive government subsidies, including nearly $15 billion of unlawful payments, for participating insurers. As bad news pours in and with a potentially very rough 2017 open enrollment period ahead, the Obama administration signaled on Friday that it may defy Congress and bail out insurers through the risk corridor program. Congress should take all steps at its disposal to prevent the administration from doing so.
Administration Has Already Delivered Nearly $15 Billion in Unlawful Funds to Insurers
In May, U.S. District Court Judge Rosemary Collyer sided with the U.S. House of Representatives in a suit brought against the Obama administration for making payments to insurers through the cost sharing reduction (CSR) program without a congressional appropriation. According to Judge Collyer, “Paying out [cost-sharing subsidies] without an appropriation violates the Constitution. Congress is the only source for such an appropriation, and no public money can be spent without one.” CSR payments are sent to insurers to enable them to reduce cost sharing amounts, such as deductibles, for certain exchange plan enrollees. Insurers received about $7 billion in CSR payments through 2015 and have likely received nearly $11 billion in such payments to date.