Wednesday, July 03, 2013

The ObozoCare Slam, UPDATED!!


...What we call "the employer mandate" is actually a monthly IRS reporting requirement for certain employers (generally, those with more than 50 full-time employees) created by ACA sec. 1513. Covered employers who fail to report or do not meet the requirements for affordable care must pay a penalty to IRS (or, if you like, a tax). 

Second, there is no independent provision requiring the covered employers to provide health insurence to their employees. There is only the IRS reporting mandate and its corresponding penalty. (The reason for this type of construction is that it would be unconstitutional for the federal government to force employers to provide insurance. The federal government can only incentivize it using the tax code.)

Third, ACA sec. 1513 does a couple things. But for our purposes, the one we care about is that it amends the tax code (which is really a statute) to include the provisions I've described above. Remember: these tax code changes create a monthly reporting requirement. And, ACA sec. 1513(d) provides explicitly when that monthly reporting requirement shall apply. “The amendments made by this section shall apply to months beginning after December 31, 2013." Contrary to several media reports, there is no discretion in the law about that December 31, 2013 date. The monthly reporting requirements apply "to months beginning after December 31, 2013," which includes all months in the year 2014.

So you may, or you may not, lose your health insurance (see below for the effects of losing it.)

And there's no question that Obozo's diktat is flat-out illegal.

Many people thought that their health-care plan would not change on 1/1/14.  Obama promised them that, remember?

Yesterday's (probably illegal) announcement that the employer mandate is rescinded until after the fall elections changes the game.  Since employers are NOT required to provide a health plan, a lot of people will be slammed into "exchanges."

At last report, the "exchanges" were not ready for prime time.  It's not hard to imagine that an employee who is ObozoSlammed on 1/1/14 will spend quite a bit of time trying to figure out which ObozoPlan to purchase--and then spend another pile of time enrolling in that plan. Suppose that will be paid time-off?

And then, of course, there's the cost of the premiums.  IRS opines that an average-coverage family plan will run about $20K/year.  But what if you need more than the "average" plan?  Will that be $25K?  $30K?

We're told that there will be some sort of tax credits to offset the cost. How much?  How will the credits be paid? What if your income changes (up OR down) during the plan year?

You've been ObozoSlammed!

The Stupid Party has a golden opportunity.  Based on their track record, they'll blow it, of course. In the meantime, enjoy being ObozoSlammed!

And Happy New Year, too!!!


J. Strupp said...

You still have no clue what you're talking about, Dad.

Dad29 said...

By all means, Struppster, post the countervailing links!

After all, the remarkable 1.9% GDP growth rate--after 3 years of ObozoStimulus and FedBuys assures us that your Keynesian "thought" is....dead.

Jim said...

Another analysis:

Anonymous said...

Can someone explain the legality of declaring a duly passed law, not in effect for one year?

Can I tell the IRS that the penalty they imposed on me will not accrue interest until I can afford to pay them off?