ACA (a.k.a. Obamacare) Upheld

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dank69

Lifer
Oct 6, 2009
37,390
33,047
136
dank69 asserted the following:

"If you don't pay the penalty, the IRS has no authority to come after you for it."

"If you make sure you adjust your withholdings so that you owe money at the end of the year, they won't be able to take that money from you. If you are expecting a refund though, they will subtract the penalty from that."

Ausm, I could find nothing in either of the 2 links you provided that confirms dank69's statements.

In other words...dank69 was just making up shit. Got it.
I don't make shit up. Sorry.
Link
If you don't buy insurance you don't get the insurance tax "break". Unlike other tax breaks, this one seems to have its own enforcement provisions which prohibit any real enforcement outside of withholding any tax refund you may be owed (or at least deducting the tax owed from the refund). In other words, it appears to be a law without any teeth. If you don't have insurance and don't pay the tax you're technically a lawbreaker but you can't be penalized at ll.
 

dank69

Lifer
Oct 6, 2009
37,390
33,047
136
Of course it all comes down to how they define poor. My understanding is it's only up to
130% of the poverty line. The problem is that health insurance is ridiculously expensive for middle-class people too. A lot of people want it but don't want to pay ridiculous rates. These people are now forced to buy into it. I'm not buying the freeloader talking point. Nobody wants to have to go into bankruptcy because of an emergency room visit.
The theory is that the 'exchanges' will help drive the insurance costs down.
 

dank69

Lifer
Oct 6, 2009
37,390
33,047
136
No I have heard pundits on TV making the same claim but I am still looking up concrete evidence on this.
I believe there was something about enforcement right in Roberts' decision IIRC.
 

bfdd

Lifer
Feb 3, 2007
13,312
1
0
If only there was someone proposing something better. Unfortunately, there isn't. The only thing we have is movement and opposition at the moment.

So pass anything because nothing else is being put on the table! Fuck that's ridiculous logic. We need real reform in more areas than just health care to start fixing issues with our health care. Symptoms all of it of a larger problem. Education needs reform in order to bring down costs, we need ease of access for entrepreneurs to get into the health care industry. Over regulation and bureaucracy has led to incredible inefficiency.

Want to know why health care and no health care legislation in the past 50+ years has been about helping people? Because the Government ceased to be about helping people long before and they're the ones who make all the rules.
 

nehalem256

Lifer
Apr 13, 2012
15,669
8
0
Amazing that everyone likes something for free, but more and more people hate what you have to pay for.

"Expand Medicaid"...OK
"Pay for it"............ WTF?!?!?!?!?!

Which really means it is pretty silly to ask people if they like individual portions of ObamaCare.

Its like saying you would theoretically like to have a Lexus, but are not willing to pay for it. And so do not want it after all.
 

Cerb

Elite Member
Aug 26, 2000
17,484
33
86
Subsidies for the poor. Also if you are too poor to buy health insurance you are exempt from the penalties.
So, the law has provisions for keeping track of money spent on necessities v. disposable income?
 

Svnla

Lifer
Nov 10, 2003
17,986
1,388
126
Obesity here is not far off from other countries that pay half what we do. Stop repeating debunked talking points.

Really? Do you have links for that statement? A poster posted a link of countries with lower health care cost such as Japan, Norway. A link or two of obese problems from those countries would be a good start.

Here is mine (US obese/overweight epidemic) = http://www.nhlbi.nih.gov/health/public/heart/obesity/wecan/healthy-weight-basics/obesity.htm

http://www.cbsnews.com/2100-18563_162-6069163.html

http://www.forbes.com/sites/daniell...approach-to-solving-americas-obesity-problem/

So raising questions = repeating talking points? What happens to independence thinking instead of blindly following like sheeps?

To others that support the ACA, I have a few points/questions.

From the newspapers I read today, Southern states such as Texas, Louisiana, Arkansas, etc. have at least 1 in 4 (25%) of their population that are not insured due to lack of money and pre-conditions/poor health such as diabete, stroke, high blood pressure, obese, ect.

How are we going to solve the cost equation by adding ten of millions of those poor and in poor health. Last time I check, poor health = much higher demand of health care than good health.

Just look at Medicare and Mediaid. We all know those programs are in deep trouble financially. How the ACA won't become another financial disaster down the road?

To the poster that asked about the penalty of not having health care. From the newspaper I read today, it would be about $800-$900 per single person per year. (Feel free to correct me if the number is not correct)
 
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lopri

Elite Member
Jul 27, 2002
13,314
690
126
A lot of discussions on ACA as a policy matter. I like that because I think that's how it should have been. (Though I admit that I am not an expert on health care/insurance market)

As a legal matter, the decision came out as following:

- Federal "mandate" isn't an acceptable excercise under the Commerce Clause. The vote here is 5-4 along the ideological line, with the liberals protesting viscerally. The conservatives endorse "action/inaction" distinction, and this new Commerce Clause theory can potentially curtail the power of federal government dramatically in the future, setting a new standard of review. However, it is unclear how much it will weigh in the future because Roberts' solo opinion seems to treat it like a dictum, rather than a holding. Libertarian scholars self-congratulate on this line.

- Roberts accepted the government's alternative rationale of federal taxing power. Whether a law calls itself a tax or acts like a tax is a different matter, and the federal government has exercised taxing power (tax.. to pay debts.. and welfare of the United States..) on various legislations. Obamacare can be sustained/understood as a valid exercise of the taxing power granted by the Consitution. (Here, the holding is 5-4 with Roberts joining the liberals)

- Liberals would rather uphold the law under the Commerce Clause, but they have no problem with upholding it under taxing power since it is an easier-to-meet burden. Again, Ginsberg's opinion reads almost like a complete dissent against Roberts' opinion, largely ignoring the joint dissenters.

- The other conservative justices would have invalidated the entire statutes. They endorse the "action/inaction" theory and dispute the taxing power rationale since the law clearly states "mandate" and "penalty," despite involvement of the IRS. What's interesting here is that they probe into legislative history in order to support their position that the law wasn't designed as a tax. (Justice Scalia, being a "textualist," usually despises searching of legislative backgrounds)

- The principal dissent (co-written by the conservatives) is pretty weak. This is my personal opinion but it is objective to an extent. (give it a try!) The opinion is somewhat tedious and very short on citations. That is understandable to a degree knowing that they are advancing a brand-new constitutional theory.

- At the end of the day, there is no controlling/lasting legal precedent except the "action/inaction" distinction that 5 justices seem to endorse. The decision does, however, uphold the Obamacare which looks to have been the bottom line of Roberts. Whether the action/inaction theory will last remains to be seen (Scalia himself disputed it as a meaningless distinction in the past), but as long as this decision has a value of stare decisis there will not be "Broccoli Horribles" in the future.
 
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Phokus

Lifer
Nov 20, 1999
22,994
779
126

The result: every medical school and hospital was subjected to licensing by the state, which would turn the power to appoint licensing boards over to the state AMA. The state was supposed to, and did, put out of business all medical schools that were proprietary and profit-making, that admitted blacks and women, and that did not specialize in orthodox, "allopathic" medicine: particularly homeopaths, who were then a substantial part of the medical profession, and a respectable alternative to orthodox allopathy.


Those 'alternative medicines' SHOULD be banned (unless they can be shown to be efficacious through clinical studies) . Medical procedures should be based on science, not mysticism/quackery. Steve Jobs took on an alternative medicine diet instead of following his doctors orders to get mainstream treatment on a cancer that was very treatable. Those types of medicines have no place in our society and should be illegal.

It's not an either or proposition. The mistake was giving the AMA the power to license, they are a self interested organization. Instead, it should have been handled by an impartial governing body.
 

tcG

Golden Member
Jul 31, 2006
1,202
18
81
The reasoning of the penalty being to discourage people from simply buying insurance at the last minute since the law forces insurance companies to accept everybody - seems fallacious, or at least dishonest, to me.

If preventing people from gaming the system by getting insurance at the last minute from insurance companies forced to accept them is truly the reason for the penalty, then they could have much more painlessly accomplished this by making an exception to the rule that insurance companies must accept people, or by having delayed coverage, whereby the benefits don't start until the person has already had insurance for a certain amount of time.

There are ways to solve the problem without imposing a penalty or forcing people to buy insurance. I suspect the real reason for the penalty is to pay for the expense of the program.
 
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sactoking

Diamond Member
Sep 24, 2007
7,648
2,925
136
dank69 asserted the following:

"If you don't pay the penalty, the IRS has no authority to come after you for it."

"If you make sure you adjust your withholdings so that you owe money at the end of the year, they won't be able to take that money from you. If you are expecting a refund though, they will subtract the penalty from that."

Ausm, I could find nothing in either of the 2 links you provided that confirms dank69's statements.

http://www.healthcare.gov/law/resources/authorities/patient-protection.pdf

Page 336, Section 1501(g)(2)

‘‘(2) SPECIAL RULES.—Notwithstanding any
11 other provision of law—
12 ‘‘(A) WAIVER OF CRIMINAL PENALTIES.—In
13 the case of any failure by a taxpayer to timely
14 pay any penalty imposed by this section, such
15 taxpayer shall not be subject to any criminal
16 prosecution or penalty with respect to such fail17
ure.
18 ‘‘(B) LIMITATIONS ON LIENS AND LEVIES.—
19 The Secretary shall not—
20 ‘‘(i) file notice of lien with respect to
21 any property of a taxpayer by reason of
22 any failure to pay the penalty imposed by
23 this section, or
24 ‘‘(ii) levy on any such property with
25 respect to such failure.’’.
 

Infohawk

Lifer
Jan 12, 2002
17,844
1
0
The theory is that the 'exchanges' will help drive the insurance costs down.

That is one of the riskiest part about all this. I don't see how having a guaranteed income stream for the insurance companies will pressure them to reduce costs.
 

Infohawk

Lifer
Jan 12, 2002
17,844
1
0
Thanks for link.

I highly doubt that the IRS will not pursue getting their pound of flesh though.

Threats of penalties, interest, and jail...oh my!

Yeah, I don't think anyone should hang their hat on the idea that this will stay (assuming it really is) a toothless measure.
 

jstern01

Senior member
Mar 25, 2010
532
0
71
Really? Do you have links for that statement? A poster posted a link of countries with lower health care cost such as Japan, Norway. A link or two of obese problems from those countries would be a good start.

Here is mine (US obese/overweight epidemic) = http://www.forbes.com/sites/daniell...approach-to-solving-americas-obesity-problem/

So raising questions = repeating talking points? What happens to independence thinking instead of blindly following like sheeps?

To others that support the ACA, I have a few points/questions.

From the newspapers I read today, Southern states such as Texas, Louisiana, Arkansas, etc. have at least 1 in 4 (25%) of their population that are not insured due to lack of money and pre-conditions/poor health such as diabete, stroke, high blood pressure, obese, ect.

That is partially correct. Most are not insured because of the crazy requirements that states like Florida have to get qualified and/or the lack of funds. Basically its the states choice (currently) who gets covered and who does not.

How are we going to solve the cost equation by adding ten of millions of those poor and in poor health. Last time I check, poor health = much higher demand of health care than good health.

By providing expanded healthcare to everyone, and pushing like most private insurance does today for preventative healthcare, many of the serious/expensive costs can be reduce on the whole. For the first 3 years the Federal Gov't will fund the expansion 100%, while states get their act to gether

Just look at Medicare and Mediaid. We all know those programs are in deep trouble financially. How the ACA won't become another financial disaster down the road?

That is a big myth. Medicare is funded by a direct tax on employee wages, and has some of the lowest costs and best effiency compared to private insurance.

http://healthaffairs.org/blog/2011/09/20/medicare-is-more-efficient-than-private-insurance/

But the majority of people will be enrolled in private insurance plans either with government support (credits) or because the cost should go down.
 

dank69

Lifer
Oct 6, 2009
37,390
33,047
136
That is one of the riskiest part about all this. I don't see how having a guaranteed income stream for the insurance companies will pressure them to reduce costs.
I think it is more about increasing competition, drastically.
 

chucky2

Lifer
Dec 9, 1999
10,018
37
91
That is one of the riskiest part about all this. I don't see how having a guaranteed income stream for the insurance companies will pressure them to reduce costs.

Other than the Fed price fixing and requiring HI companies to pay for it and medical offices to accept it, there is no way costs are going to be reduced. If Everyone is covered, that's a sh1t ton more people getting HC now than were previously. No way will the medical community supply of labor increase that quickly to compensate for the increased demand.

Vastly increased demand + same supply = increased costs

Since it appears the Gov is going to be on the hook for covering those increased costs, x millions, this is going to turn into a massive added Gov drain.

If it's truly true that the Gov is going to subsidize lower income folks (however it determines that), and the fines are going to be effectively meaningless, then we're doomed as far as this act goes. Ffffffff***ccccckkkk.......
 

jstern01

Senior member
Mar 25, 2010
532
0
71
Yeah, I don't think anyone should hang their hat on the idea that this will stay (assuming it really is) a toothless measure.

Congress will not touch it with a 10 foot poll. They like it, the supported it and it keeps the masses happy.
 

tcG

Golden Member
Jul 31, 2006
1,202
18
81
Those 'alternative medicines' SHOULD be banned (unless they can be shown to be efficacious through clinical studies) . Medical procedures should be based on science, not mysticism/quackery. Steve Jobs took on an alternative medicine diet instead of following his doctors orders to get mainstream treatment on a cancer that was very treatable. Those types of medicines have no place in our society and should be illegal.

It's not an either or proposition. The mistake was giving the AMA the power to license, they are a self interested organization. Instead, it should have been handled by an impartial governing body.

You say that in a country where the consumer protection bureaucracy and mainstream medicine has an absolutely terrible record of keeping people healthy. Some alternative treatments DO work, you just never hear about them because they aren't beneficial to the cartel who administers medical services or aren't given funding by the corrupt governing bodies in bed with the healthcare providers. Do you know how medical research funding is given? The government chooses one treatment to give all their funding to and that's the one that goes, because funding multiple researches is seen by constituents as weak. Everything that ends up in the medical journals is influenced by the same corrupt, moneyed interests. The result is an singular method of treatment that focuses on symptoms rather than cures or prevention.

Besides, people should be able to decide what kind of medical care they want, even if it's inferior or harmful to their health.

...although this is a bit off-topic. My post contained a lot more than just that snippet.
 

jstern01

Senior member
Mar 25, 2010
532
0
71
Thanks.

So let me get this straight...all I have to do is make sure I don't withhold too much and then I don't have to pay the penalty after all. Brilliant!

Dems are so sneaky.

Pretty much. Better you should own a small amount then loan the bastards money interest free for a year.

But it does beg the question when you die, wouldn't that penalty be assessed then?
 

Infohawk

Lifer
Jan 12, 2002
17,844
1
0
Other than the Fed price fixing and requiring HI companies to pay for it and medical offices to accept it, there is no way costs are going to be reduced. If Everyone is covered, that's a sh1t ton more people getting HC now than were previously. No way will the medical community supply of labor increase that quickly to compensate for the increased demand.

Vastly increased demand + same supply = increased costs

Since it appears the Gov is going to be on the hook for covering those increased costs, x millions, this is going to turn into a massive added Gov drain.

If it's truly true that the Gov is going to subsidize lower income folks (however it determines that), and the fines are going to be effectively meaningless, then we're doomed as far as this act goes. Ffffffff***ccccckkkk.......

I'm not sure where people get the idea that it's not possible to lower costs. It is possible to increase the supply of health care. The first step is to take on the AMA and to increase the number of doctors trained in the US. Also, allowing other professionals like nurses to do more would also help. The first thing that needs to happen though is for providers to receive a signal that people aren't willing to pay their prices. That can't happen when income is guaranteed.