Wednesday, November 16, 2011

2011 Supreme Court health care mandate

Health Care mandate does not dictate which insurance plan you buy. And, you will not go to jail or lose your home for failing to buy insurance. The PPACA requires that all individuals must purchase health insurance if the monthly premium is less than 8% of their monthly income. In those instances where the premium exceeds 8% of an individual's income, there is no requirement to purchase insurance but some within this population will qualify for coverage from other sources, such as the Medicaid expansion.

The fine for those who are required to purchase insurance, but choose not to, will go into effect in 2016. The fines will total $695 or 2.5% of an individual's income, whichever is higher. Even if an individual does not buy insurance and does not pay their fine, they cannot be criminally prosecuted. PPACA specifically states: "In the case of any failure by a taxpayer to timely pay any penalty imposed by this section, such taxpayer shall not be subject to any criminal prosecution or penalty with respect to such failure." And PPACA also states that the HHS Secretary shall not "file notice of lien with respect to any property of a taxpayer by reason of any failure to pay the penalty."

Ironically, in the new post-health care reform world, this will actually be a pretty good deal for many individuals. The fine will be less than the cost of health insurance. So, a person could choose to pay the fine and not purchase insurance for years. Then, if they get sick, because health insurers can no longer deny coverage to individuals with preexisting conditions, they could then decide to buy insurance. This is part of the reason why many policymakers oppose the individual mandate as written.

There is an argument to be made about the constitutionality of the federal government requiring all citizens' to purchase anything; but if the whole country is going to debate the issue, we should all at least be able to see clearly what we are arguing about.

Bill Huff
319 Dixie Manor Court
Harrodsburg, Ky. 40330-1923
huff9983@roadrunner.com