The Not So Affordable Obamacare Taxes
The government will mandatorily instruct and consult in regards to living wills, power-of-attorney, and other end-of-life business
Political pundits have been eating crow since the Supreme Court upheld Obamacare. Nobody foresaw that the individual mandate to buy insurance would be judged as a tax. Everyone expected the court to find the individual mandate unconstitutional since it would be forcing Americans to buy something as a condition of their mere existence.
Taxes permissible under the Constitution are excise taxes, direct taxes, and income taxes. This "new tax" for the privilege of living in the U.S. falls in neither category. It will be collected by the IRS and given to insurance companies. Is that constitutional? Are we taxing "moral hazard?"
Keynesian economists view insurance, including health insurance, as a protection against risk, a useful commodity like shoes or furniture. Insurance "encourages the very risks against which it provides protection." If a person owns a valuable item which is insured against theft or destruction, that person has little incentive to protect it and store it in a safe place. "This problem--the tendency of insurance to encourage the source of risk--is called moral hazard." (William J. Baumol and Alan S. Blinder, Principles and Policy, 2007, p. 322)
If a person is insured medically and puts little effort into making sure that the risk of getting sick is minimal and runs to the emergency room for minor issues, we should expect an overwhelming of the health care system unless more doctors, nurses, and hospitals are provided. In any case, because millions more Americans and illegal aliens will be added to the insurance rolls, expect huge shortages of drugs, patient care, lab work, x-rays, long waiting lines, extended wait time for tests and surgical procedures, and rationing of care based on age and usefulness to society via complicated formulas. Rationing and death will occur by emergency care not being provided on time, in addition to the deliberate denial of treatment by a 15-member bureaucratic death panel.
The Obamacare case has been presented to the Supreme Court and argued by the administration based on the Commerce Clause - the government has the right to force Americans to buy insurance, to buy something they do not want. That is how it was expected to be judged.
People were shocked when the Obamacare bill was rewritten by the Supreme Court in order to save it. It was the most glaring, extensive, and expensive example of liberal judicial activism from the bench. Five of the Supremes have redefined purchasing health insurance as a tax although the administration and Congress have gone to great lengths to assure the public that it was not a tax. Yet, now, health insurance is no longer a premium for health insurance provision but a tax.
Health care has never been a right; it has always been a service like any other that we have purchased from a health care provider. It is now an unconstitutional tax that we are forced to pay before a service is even provided to us.
Here is an abbreviated list of taxes on families and businesses introduced by the Patient Protection and Affordable Care Act (PPACA), known as Obamacare, totalling more than $500 billion over the next ten years as prepared by the Americans for Tax Reform:
- Excise taxes on charitable hospitals ($50,000 per hospital if they do not meet HHS criteria of "community health assessment needs," billing and collection," and "financial assistance" (PPACA, 2010, pp. 1,961-1,971)
- Codify "economic substance doctrine" (IRS will not allow any legal deductions or tax-minimizing plans because it lacks "substance" and is intended to reduce taxes owed); this is a tax increase of $4.5 billion (Bill Reconciliation Act, 2010, pp. 108-113)
- "Black liquor" tax on a special bio-fuel (Bill Reconciliation Act, 2010, p. 105)
- Tax on innovating drug companies (PPACA, 2010, p. 1,971-1,980)
- Blue Cross/Blue Shield Tax Increase (PPACA, 2010, p. 2,004)
- Ten percent tax on indoor tanning (PPACA, 2010, pp. 2,397-2,399)
- Medicine cabinet tax disallows Americans to use health savings accounts, flexible spending accounts, or health reimbursement pre-tax money to buy over the counter medicines except insulin (PPACA, 2011, pp. 1,957-1,959
- HSA Withdrawal tax hike from 10 to 20 percent (PPACA, 2011, p. 1,959
- Employer reporting of insurance on W-2 forms, taxing health benefits on individual tax returns (PPACA, 2012, p. 1,957)
- Surtax on investment income for families that make at least $250,000 or $200,00 single (Bill Reconciliation Act, 2013, pp. 87-93)
- Medicare payroll tax increase (PPACA, Reconciliation Act, 2013, pp. 2,000-2,003, pp. 87-93)
- A 2.3 percent excise tax on medical device manufacturers (PPACA, 2013, pp. 1,980-1,986)
- Medical expenses can be itemized if they exceed 10 percent, no longer the previous 7.5 percent, resulting in fewer people being able to itemize (PPACA, 2013, pp. 1,994-1,995
- Flexible spending account cap of $2,500 which is now unlimited (PPACA, 2013, pp. 2,388-2,389)
- Eliminate tax deductions for employer-provided retirement prescription drug coverage in coordination with Medicare Part D (PPACA, 2013, p. 1,994)
- Limit of $500,000 annual executive compensation for health insurance executives (PPACA, 2013, pp. 1,995-2,000)
- Individual mandate excise tax starting in 2014 if a person does not buy a "qualifying" health insurance, 1 percent in 2014, 2 percent in 2015, 2.5 percent in 2016; exempted are hardship cases as determined by HHS, religious objectors, undocumented immigrants, prisoners, those earning less than the poverty line, members of Indian tribes (PPACA, 2014, pp. 317-337)
- Employer mandated tax, non-deductible of $2,000 per employee if the employer does not offer health coverage and at least one employee qualifies for a health tax credit; if an employee receives coverage through the government exchange, the employer penalty for that employee increases to $3,000 (PPACA, 2014, pp. 345-346)
- Tax on health insurers based on premiums collected per year (PPACA, 2014, pp. 1,986-1,993 (this all but forces employers to stop offering insurance, forcing their employees onto the government exchanges)
- 40 percent excise tax on comprehensive health insurance plans or "Cadillac plans" (PPACA, 2018, pp. 1,941-1,956)
Read next: Taxes Are Too High—An Attack On Families
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Dr. Ileana Johnson Paugh——Bio and Archives
Dr. Ileana Johnson Paugh, Ileana Writes is a freelance writer, author, radio commentator, and speaker. Her books, “Echoes of Communism", "Liberty on Life Support" and "U.N. Agenda 21: Environmental Piracy," "Communism 2.0: 25 Years Later" are available at Amazon in paperback and Kindle.
