The IRS and the health care mandate

The Tax Police and the Health-Care Mandate - Americans of modest means may soon get a lesson in the power of the IRS

Excerpt:

The original House bill opened the door for criminal sanctions against Americans who didn't buy health insurance and pay the penalty. The Senate bill did the same until Sen. John Ensign (R., Nev.) successfully pushed to amend the bill. Even so, the final language begs the question that Mr. Shulman and Mr. Weiner avoided: Who's going to enforce the mandate, and how?

It's more than a theoretical proposition. Approximately one in six drivers goes without auto insurance, according to the Insurance Research Council, even though most states require it. As for health coverage, the U.S. Census says that Massachusetts' has the nation's lowest rate of uninsured at 5.4%, thanks in part to its own individual mandate. Even so, costs have exploded and fines for not carrying coverage are increasing.

Almost by definition, those hit by the mandate will be either young people starting out, or those working for smaller businesses that do not provide employees with health coverage. Back in November, a report by the Congressional Budget Office and Joint Committee on Taxation estimated that nearly half (46%) of the mandate penalties will be paid by Americans under 300% of the poverty line.

In today's dollars, that works out to $32,500 for an individual. For a family of four, it's $66,150. Generally speaking, these are not the folks who have to worry about paying taxes on, say, a villa in the Dominican Republic or income from the International Monetary Fund.

So we are left with one of two possibilities. The first is that the penalty for not having "minimal essential coverage" is fully enforced, in which case Americans of relatively modest means will get a lesson in how the government deals with people who don't pay up.

Or the penalty for violating the individual mandate will become like the fines for not filling out your Census form. In other words, unenforced. In that case, the costs of this legislation will be even higher and more hidden than we have been led to believe.

Comment: I found the 1 in six without auto insurance interesting!

So much for Mr. Obama's claim that if you like your coverage, you can keep it—even at Fortune 500 companies.

Companies are already warning about higher health-care costs.

Excerpt:

Medical device maker Medtronic warned that new taxes on its products could force it to lay off a thousand workers. Now Verizon joins the roll of businesses staring at adverse consequences.

In an email titled "President Obama Signs Health Care Legislation" sent to all employees Tuesday night, the telecom giant warned that "we expect that Verizon's costs will increase in the short term." While executive vice president for human resources Marc Reed wrote that "it is difficult at this point to gauge the precise impact of this legislation," and that ObamaCare does reflect some of the company's policy priorities, the message to workers was clear: Expect changes for the worse to your health benefits as the direct result of this bill, and maybe as soon as this year.

Mr. Reed specifically cited a change in the tax treatment of retiree health benefits. When Congress created the Medicare prescription drug benefit in 2003, it included a modest tax subsidy to encourage employers to keep drug plans for retirees, rather than dumping them on the government. The Employee Benefit Research Institute says this exclusion—equal to 28% of the cost of a drug plan—will run taxpayers $665 per person next year, while the same Medicare coverage would cost $1,209.

In a $5.4 billion revenue grab, Democrats decided that this $665 fillip should be subject to the ordinary corporate income tax of 35%. Most consulting firms and independent analysts say the higher costs will induce some companies to drop drug coverage, which could affect about five million retirees and 3,500 businesses. Verizon and other large corporations warned about this outcome.

U.S. accounting laws also require businesses to immediately restate their earnings in light of the higher tax burden on their long-term retiree health liabilities. This will have a big effect on their 2010 earnings.

While the drug tax subsidy is for retirees, companies consider their benefit costs as a total package. The new bill might cause some to drop retiree coverage altogether. Others may be bound by labor contracts to retirees, but then they will find other ways to cut costs. This means raising costs or reducing coverage for other employees. So much for Mr. Obama's claim that if you like your coverage, you can keep it—even at Fortune 500 companies.

In its employee note, Verizon also warned about the 40% tax on high-end health plans, though that won't take effect until 2018. "Many of the plans that Verizon offers to employees and retirees are projected to have costs above the threshold in the legislation and will be subject to the 40 percent excise tax." These costs will start to show up soon, and, as we repeatedly argued, the tax is unlikely to drive down costs. The tax burden will simply be spread to all workers—the result of the White House's too-clever decision to tax insurers, rather than individuals.

A Verizon spokesman said the company is merely addressing employee questions about ObamaCare, not making a political statement.

Comment: I'm waiting for my premiums to go down $ 2,500 per year!