Saturday, August 15, 2009

Of course you can keep your coverage...

Our old buddy Don tipped us off with this analysis of ObamaCare. I normally rely on Muscle Daddy to dig through lengthy legislation, because he can do that without reflexively grabbing an icepick to stab his eyes out. What's a mere Monster to do? Well, I can whip out my digital hi-lighter and see if I can connect some dots.
This particular provision grabbed my eye:

SEC. 59B. TAX ON INDIVIDUALS WITHOUT ACCEPTABLE HEALTH CARE COVERAGE.

(a) Tax Imposed- In the case of any individual who does not meet the requirements of subsection (d) at any time during the taxable year, there is hereby imposed a tax equal to 2.5 percent of the excess of--

(1) the taxpayer’s modified adjusted gross income for the taxable year, over

(2) the amount of gross income specified in section 6012(a)(1) with respect to the taxpayer.
This sounds troubling. If you don't have "acceptable health care coverage", you get stuck with an extra 2.5% marginal income tax. But what does "acceptable health care coverage" mean? Subsection (d) lists Medicare, Medicaid, Armed Forces, and VA, as well as these:
(A) QUALIFIED HEALTH BENEFITS PLAN COVERAGE- Coverage under a qualified health benefits plan (as defined in section 100(c) of the America’s Affordable Health Choices Act of 2009).

(B) GRANDFATHERED HEALTH INSURANCE COVERAGE; COVERAGE UNDER GRANDFATHERED EMPLOYMENT-BASED HEALTH PLAN- Coverage under a grandfathered health insurance coverage (as defined in subsection (a) of section 102 of the America’s Affordable Health Choices Act of 2009) or under a current employment-based health plan (within the meaning of subsection (b) of such section).
. . .
(G) OTHER COVERAGE- Such other health benefits coverage as the Secretary, in coordination with the Health Choices Commissioner, recognizes for purposes of this subsection.
So what's in 100(c)?
(1) ACCEPTABLE COVERAGE- The term ‘acceptable coverage’ has the meaning given such term in section 202(d)(2).
Good grief. So what does section 202(d)(2) say?
(A) QUALIFIED HEALTH BENEFITS PLAN COVERAGE- Coverage under a qualified health benefits plan.

(B) GRANDFATHERED HEALTH INSURANCE COVERAGE; COVERAGE UNDER CURRENT GROUP HEALTH PLAN- Coverage under a grandfathered health insurance coverage (as defined in subsection (a) of section 102) or under a current group health plan (described in subsection (b) of such section).
. . .
(G) OTHER COVERAGE- Such other health benefits coverage, such as a State health benefits risk pool, as the Commissioner, in coordination with the Secretary of the Treasury, recognizes for purposes of this paragraph.
It's déjà vu all over again! Nowhere does anything define "a qualified health benefits plan".

How about that "grandfathered" business in 102(a)? Check out the reassuring title, then the gory details:
SEC. 102. PROTECTING THE CHOICE TO KEEP CURRENT COVERAGE.

(a) Grandfathered Health Insurance Coverage Defined- Subject to the succeeding provisions of this section, for purposes of establishing acceptable coverage under this division, the term ‘grandfathered health insurance coverage’ means individual health insurance coverage that is offered and in force and effect before the first day of Y1 if the following conditions are met:
. . .
Note that the only coverage "grandfathered" is individual coverage, which is explictly not group coverage (like most employer-based plans are) according to the prior 101(c)(2):

(2) INDIVIDUAL AND GROUP HEALTH INSURANCE COVERAGE- The terms ‘individual health insurance coverage’ and ‘group health insurance coverage’ mean health insurance coverage offered in the individual market or large or small group market, respectively, as defined in section 2791 of the Public Health Service Act.
The way I read this definition, when President Obama says "you'll be able to keep your existing coverage", he's hiding the fact that for most Americans with health insurance today, the coverage they'll be allowed to keep won't prevent them from paying the 2.5% tax for "freeloaders" who don't have "adequate coverage".
[Click on the title above, or date stamp below, to see the full article.]
I've barely begun to read this bill. I think the average person who manages to read the whole thing will be begging for a "death panel" to put him out of his misery. MuscleDaddy, I have no idea how you do it.

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